Form of Bank Guarantees

One of the important documents in financing transactions is the existence of Bank Guarantees. This document is important as a guarantee that the project work can be carried out. Form of Bank Guarantees basically consists of Advance Payment Bond, Performance Bond and Warranty Bond.

The following is the Bank Guarantee form that may be used as a reference.

1.Advance Payment Bond
Please advise the following Advance Payment Guarantee to xxx Co., Ltd.

Beneficiary : xxx CO., LTD.
Nave Tower, Jl. Jend. Sudirman Kav.7 Jakarta Selatan 12190, Indonesia

Advance Payment Guarantee No. ………………..

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We, the undersigned, have been informed that you have concluded on ……………….. a contract No……………….. (hereinafter called the “Contract”) with Messrs……………….. (hereinafter called the “Principal”) for the supply of ……………….. at a total price of ………………… According to the Contract, you are required to make an advance payment to the Principal of ……………….. (……………….. % of the total price). Your claim for reimbursement of this amount, should the Principal fail to supply the goods in conformity with the terms of the Contract, is to be secured by a bank guarantee.
This being stated, we, XXXX Bank, ……………….. (address), irrespective of the Indonesian law and the validity and the legal effects of the Contract and waiving all rights of objection and defense arising from the principal debt, hereby irrevocably and unconditionally undertake to pay immediately to you, upon your first demand, any amount up to
(currency / maximum amount) (in full letters: ………………..)
upon receipt of your written request for payment and your written confirmation stating that the Principal is in breach of his obligation(s) under the Contract and explaining in which respect the Principal is in breach and that, as a result thereof, you are entitled to claim reimbursement of your advance payment.
The present indemnity will enter into force only after receipt of the above-mentioned advance payment by the Principal.
Our guarantee is valid until
………………..
and expires in full and automatically, irrespective of whether the present document is returned to us or not, should your written request for payment and your above-mentioned written confirmation not be in our possession by that date at our counters in XXX, XXXXX..
With each payment under this guarantee our obligation will be reduced pro rata.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
……………….. XXXX BANK
(Place, date)

2. Performance Bond

Please advise the following Performance Guarantee to Lotte Engineering & Construction Co., Ltd.
Beneficiary : XXX CO., LTD.
Nave Tower, Jl. Jend. Sudirman Kav.7 Jakarta Selatan 12190, Indonesia

Performance Guarantee No. ………………..
We, the undersigned, have been informed that you have concluded on ……………….. a contract No……………….. (hereinafter called the “Contract”) with Messrs……………….. (hereinafter called the “Principal”) for the supply of ……………….. at a total price of ……………….. According to the Contract, the Principal is required to provide you with a performance guarantee in the amount of ……………….. (………………..% of the total price).
This being stated, we, XXXX Bank, ……………….. (address), irrespective of the Indonesian law and the validity and the legal effects of the Contract and waiving all rights of objection and defense arising from the principal debt, hereby irrevocably and unconditionally undertake to pay immediately to you, upon your first demand, any amount up to
(currency / maximum amount) (in full letters: ………………..)
upon receipt of your written request for payment and your written confirmation stating that the Principal is in breach of his obligation(s) under the Contract and explaining in which respect the Principal is in breach.
Our guarantee is valid until
………………..and expires in full and automatically, irrespective of whether the present document is returned to us or not, should your written request for payment and your above-mentioned written confirmation not be in our possession by that date at our counters in XXX, XXXXX. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
……………….. XXXX BANK
(Place, date)

3.Warranty Bond
Please advise the following Warranty Bond to xxx Co., Ltd.
Beneficiary : xxx CO., LTD.
Nave Tower, Jl. Jend. Sudirman Kav.7 Jakarta Selatan 12190, Indonesia
Warranty Bond No. ………………..
We, the undersigned, have been informed that you have concluded on ……………….. a contract No……………….. (hereinafter called the “Contract”) with Messrs………………… (hereinafter called the “Principal”) for the supply of ……………….. at a total price of ………………… According to the Contract, the Principal is required to provide you with a warranty bond in the amount of ……………….. (………………..% of the total price).
This being stated, we, XXXX Bank, ……………….. (address), irrespective of the Indonesian law and the validity and the legal effects of the Contract and waiving all rights of objection and defense arising from the principal debt, hereby irrevocably and unconditionally undertake to pay immediately to you, upon your first demand, any amount up to
(currency / maximum amount) (in full letters: ………………..)
upon receipt of your written request for payment and your written confirmation stating that the Principal is in breach of his warranty obligations under the Contract and explaining in which respect the Principal is in such breach.
Our guarantee is valid until
………………..
and expires in full and automatically, irrespective of whether the present document is returned to us or not, should your written request for payment and your above-mentioned written confirmation not be in our possession by that date at our counters in XXX, XXXXX.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
……………….. XXXX BANK
(Place, date)

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