【正文】 ules. ? Should the guarantee expire at a time when presentation or payment under that guarantee is prevented by force majeure: ? each of the guarantee and any counter guarantee shall be extended for a period of 30 calendar days ? the running of the time for examination shall be suspended until the resumption of the guarantor’s business if presentation made but not yet examined ? a plying demand not paid shall be paid, and guarantor shall be entitled to claim C/Guarantor within 30 calendar days after cessation even if the counter guarantee has expired. 43 URDG758 Article 26 Force majeure ? Should the counter guarantee expire at a time when presentation or payment under that counter guarantee is prevented by force majeure: ? the counter guarantee shall be extended for a period of 30 calendar days ? the running of the time for examination shall be suspended until the resumption of the counter guarantor’s business if presentation made but not yet examined ? a plying demand under counter guarantee not paid shall be paid even if the counter guarantee has expired. ? The instructing party shall be bound by any extension, suspension or payment under this article. ? Force majeure: 758 v. 458 and 600 44 URDG758 Article 27 Disclaimer on effectiveness of documents ?The guarantor assumes no liability or responsibility for: ? a. the form, sufficiency, accuracy, genuineness, falsification, or legal effect of any signature or document presented to it。 ? b. the general or particular statements made in, or superimposed on, document presented to it。 ? c. the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods, services or other performance or data represented by or referred to in any document presented to it。 or ? d. the good faith, acts, omissions, solvency, performance or standing of any person issuing or referred to in any other capacity in any document presented to it. 45 URDG758 Article 28 Disclaimer on transmission and translation ? The guarantor assumes no liability or responsibility for the consequences of delay, loss in transit, mutilation or other errors arising in the transmission of any document. ? The guarantor assumes no liability or responsibility for errors in translation or interpretation of technical terms and may transmit all or any part of the guarantee text without translating it. Article 29 Disclaimer for acts of another party ? A guarantor using the services of another party does so far the account and at the risk of instructing party or counter guarantee. Article 30 Limits on exemption from liability ? Article 27 to 29 shall not exempt a guarantor from liability or responsibility for its failure to act in good faith. 46 URDG758 Article 31 Indemnity for foreign laws and usages ?The instructing party or, in the case of a counterguarantee, the counterguarantor, shall indemnify the guarantor against all obligations and responsibilities imposed by foreign laws and usages, including where those foreign laws and usages impose terms into the guarantee or the counterguarantee that override its specified terms. ?The instructing party shall indemnify the counterguarantor that has indemnified the guarantor under this article. 47 URDG758 Article 32 Liability for charges ?The party give instruction is liable to pay the charges for carrying out the instruction. ?If a guarantee states that charges are for the account of the beneficiary and those charges cannot be collected, the instructing party is liable to pay those charges. ?Neither the guarantor nor any advising party should stipulate that the guarantee, or any advice or amendment of it, is conditional upon the receipt by the guarantor or any advising party of its charges. 48 URDG758 Article 33 Transfer of guarantee and assignment of proceeds ? transfer of guarantee ? assignment of proceeds ? transferor ? transferee ?A guarantee can only be transferred where, ? guarantee specifically states that it is transferable ? transferor has provided a signed statement to the guarantor that the transferee has acquired the transferor’s rights and obligations in the underlying relationship. ? agreed by the guarantor ?Transfer a guarantee to a financing bank? 49 URDG758 Article 33 Transfer of guarantee and assignment of proceeds ? A transferable guarantee may be transferred ? more than once ? for the full amount available at the time of transfer ? A counter guarantee is not transferable ? The transferor shall pay all charges incurred for the transfer ? demand and supporting statement: be signed by the transferee any other document: the signature of the transferee may be used in place of the name and signature of the transferor ? Whether or not the guarantee states it is transferable, ? the beneficiary may assign any proceeds ? the guarantor shall not be obliged to pay unless agreed 50 URDG758 Article 34 Governing law ? guarantee governing law: shall be that of the location of the guarantor’s branch or office that issued the guarantee ? counter guarantee governing law: shall be that of the location of the counter guarantor’s branch or office that issued the counter guarantee 51 URDG758 Article 35 Jurisdiction ? dispute between the guarantor and the beneficiary: shall be settled exclusively by the petent court of the country of the location of the guarantor’s branch or office that issued the guarantee. ? dispute between the counter guarantor and the guarantor: shall be settled exclusively by the petent court of the country of the location of the counter guarantor’s branch or office that issued the c