【文章內(nèi)容簡介】
ation has to be plete unless it indicates that it is to be pleted later. In that case, it shall be pleted before expiry. ? Each presentation shall state the guarantor’s reference number of the guarantee. If it does not, the time for examination of a demand start on the date of identification. ? Documents issued by applicant or beneficiary shall be in the language of the guarantee. Any other person, any language. ?The function of the statement “presentation to be pleted later”? 24 URDG758 Article 14 Presentation ? A guarantee indicates presentation in electronic form, the guarantee should specify the format, the system for the data delivery and the electronic address for that presentation. If not specify, presented in any electronic format authenticated or in paper form are acceptable. ? A guarantee indicates presentation in paper form, may use any mode of delivery unless excluded by the guarantee. ? A guarantee does not indicate in electronic or paper form, any presentation shall be made in paper form. ?Reject a presentation in electronic form when form of presentation is not specified ? 25 URDG758 Article 15 Requirements for demand ? A demand under the guarantee shall be supported a statement, indicating in what respect the applicant is in breach of its obligations under the underlying relationship. The statement may be in the demand or in a separate singed document acpanying or identifying the demand. ? A demand under the counter guarantee shall be supported by a statement indicating that such party has received a plying demand under the guarantee or counter guarantee. ? The above requirement applies except to the extend the guarantee or counterguarantee expressly excludes this requirement. Exclusion terms such as “The supporting statement under article 15(a)(b) is excluded” satisfy the requirement of this paragraph. ?Such as ? 26 URDG758 Article 15 Requirements for demand ? Neither the demand nor the supporting statement may be dated before the date when the beneficiary is entitled to present a demand. ? Any other document may be dated before that date. ?Neither the demand, nor the supporting statement, nor any other document may be dated later than the date of its presentation. 27 URDG758 Article 16 Information about demand ?The guarantor shall without delay inform the instructing party or, where applicable, the counterguarantor of any demand under the guarantee and of any request, as an alternative, to extend the expiry of the guarantee. The counterguarantor shall without delay inform the instructing party of any demand under the counterguarantee and of any request, as an alternative, to extend the expiry of the counterguarantee. ?Inform Nonplying demand ? 28 URDG758 Article17 Partial demand amp。 multiple demand。 amount of demand ? Partial demand: A demand may be made for less than the full amount available ? Multiple demand: More than one demand may be made ? Multiple demand prohibited: only one demand covering all or part of the amount available may be made one demand is rejected, another demand can be made on or before expiry of the guarantee. ? It is a nonplying demand if: ? it is for more than the amount available under the guarantee, or ? any supporting statement or other documents required by the guarantee indicate amounts that in total are less than the amount demanded. ?The case less than and more than? 29 URDG758 Article 18 Separateness of each demand ?a. Making a demand that is not a plying demand or withdrawing a demand does not waive or otherwise prejudice the right to make another timely demand, whether or not the guarantee prohibits partial or multiple demands. ?b. Payment of a demand that is not a plying demand does not waive the requirement for other demands to be plying demands. 30 URDG758 Article 19 Examination ? The guarantor shall determine, on the basis of a presentation alone, whether it appears on its face to be a plying presentation. ? Data in a document required by the guarantee shall be examined in context with that document, the guarantee and these rules. Data need not be identical to, but shall not conflict with, data in that document, any other required document or the guarantee. ? The guarantor will accept a document if its content appears to fulfil the function of the document required by the guarantee. Any signature will be accepted if a singed document is required. ? A document is not required but presented, it will disregarded and may be returned to the presenter. ?How to handle the document not required? 31 URDG758 Article 19 Examination ? The guarantee need not recalculate the beneficiary’s calculations under a formula stated or referenced in a guarantee. ?The guarantor shall consider a requirement for a document to be legalized, visaed, certified or similar as satisfied by any signature, mark, stamp or label on the document which appears to satisfy that requirement. ?Recalculate the applicant’s calculations? 32 URDG758 Article 20 Time for examination of demand。 payment ?If a presentation of a demand does not indicate that it is to be pleted later, the guarantor shall, within five business days following the day of presentation, examine that demand and determine if it is a plying demand. ?This period is not shortened or otherwise affected by the expiry of the guarantee on or after the date of presentation. However, if the presentation indicates that it is to be pleted later, it need not be examined until it is pleted. ? Place for payment: Payment is to be made at the branch or off