【文章內(nèi)容簡介】
ssor/ t0 Article 8 above, the Lender may assign to any other person all or any part of his (its—27 ) rights and benefits under or arising from this Guarantee, the Loan Agreement and any other security documents (as defined in the Loan Agreement) ( subject to Article 8above—28 ). ,并同意放棄采取與本保函有關的任何法律行為或程序的豁免權(quán)。 10. We confirm that the signing and execution (and performance—29) of this Guarantee are a mercial act and agree not to claim any immunity from any legal action or proceeding in connection herewith. ,我行將不可撤消地接受中華人民共和國法院的司法管轄。 11. This Guarantee shall be governed by and construed in accordance with the laws of the People’s Republic of China, and we hereby irrevocably submit to the jurisdiction of the courts in the country. 日期:Issued in (city) on (date) 以______ 的名義并代表其簽字 (授權(quán)簽字) For and on behalf of (authorized signature ) 供貨保函 (中英文) Guarantee for Supply of a Vessel 致:受益人To: The beneficiary 保函編號: Our Ref. 出具日期: Date:_____ 敬啟者:Dear Sirs, 供貨保函 第 號 Guarantee for Supply of a Vessel 鑒于根據(jù)ABC(賣方)和XYZ(買方)于年月日簽訂的第號造船合同及其年月日合同修改(附件)賣方同意為買方建造一艘噸位的單槳柴油發(fā)動機集裝箱輪船,該船名稱為號,地點廣州造船廠,其條款和條件見合同, WHEREAS by Shipping Contract (as subsequently amended by Addendum dated _____) (the Shipping Contract) concluded between ABC (the Seller) and XYZ (the Buyer), the Seller agreed to construct for the Buyer one _____ mt. dw, single screw, diesel driven, container vessel named ______ at Guangzhou Shipyard upon the terms and conditions therein appearing。 and, 鑒于根據(jù)造船合同第條第1段規(guī)定,賣方同意獲取一份銀行按照造船合同上的條款和條件向買方出具的擔保函, WHEREAS by Paragraph 1 of Article______ of the Shipping Contract the Seller has agreed to procure a Letter of Guarantee to be given by the Bank to the Buyer upon the terms and conditions appearing therein, 為此現(xiàn)在,我們,下面簽署人銀行,憑相應的對價并應賣方的要求,特此不可撤消地保證: NOW THEREFORE, we, the undersigned ______ Bank, for good and valuable consideration and at the request of the Seller, do hereby irrevocably guarantee that: ,即:賣方變得有義務支付該輪船、其船體、機械和部件、設備維修和/或更換任何劣質(zhì)部件(擔保項目)的有關費用,而這些項目正是賣方根據(jù)造船合同第條規(guī)定所保證的項目, 1. in the event that the Seller shall bee liable to pay the cost of the repair and/or replacements in respect of any defects of the Vessel, her Hull, her machinery and all parts and equipment thereof (the Guarantee Items) which are the subject of guarantee by the Seller under the provisions of Article______ of the Shipping Contract。 and, ,則我們應在收到你方書面索賠后工作日之內(nèi)向你方支付這樣的一筆或數(shù)筆等額款項,但該書面索賠應附帶下列材料: A.(1)買方致賣方信件的副本,該信件通知了賣方買方已經(jīng)索賠的劣質(zhì)項目,同時說明其性質(zhì)以及由此造成的損害程度,并附帶: 2. in the event that the Seller fails to pay such costs in accordance with the terms of the Guarantee provisions, then we shall pay you such sum or sums equivalent to such costs within __business days after our receipt from you of a demand in writing, which shall be acpanied by:A. (1) copy letter from the Buyer to the Seller whereby the Seller has been notified of the defect for which the Buyer has made a claim, describing the nature of the defect and the extent of the damage caused thereby, with: 。 (a) letter of the Seller’s acceptance of the said defect as justifying remedy under the Guarantee provisions, or ,申明在上述通知后日內(nèi)沒有得到賣方的回應。和 (b) a certificate from the Buyer stating that no response was received from the Seller within ______ days of the said notification, and (2)買方致賣方信件的副本,該信件告訴賣方將要修理或已經(jīng)修理某一項或數(shù)項的時間和地點。和 (2) copy letter from the Buyer to the Seller notifying the Seller of the time and place where repairs of the item or items will take place or have taken place, and (3)下列二者之一 (3) either 、制造商或供貨人出具的一張或數(shù)張原始發(fā)票(一式兩份)并經(jīng)船廠質(zhì)量保證工程師簽署(按造船合同規(guī)定)或 (a) an original invoice or invoices (in duplicate) from the relevant Shipyard, manufacturer or supplier, which shall be countersigned by the Shipyard’s guarantee engineer (as defined in the Shipping Contract), or 、制造商或供貨人出具的一張或數(shù)張原始發(fā)票(一式兩份),連同經(jīng)信譽良好的損壞評級機構(gòu)鑒定員簽署的證明書。 (b) an original invoice or invoices (in duplicate) from the relevant Shipyard, manufacturer or supplier, together with a certificate signed by a reputable classification society surveyor。 條和保函規(guī)定所指定的仲裁或仲裁委員會出具的以買方為受益人的仲裁書公證副本。 B.