To: The beneficiary Our Ref. No. ___________
Date: ___________________
Dear Sirs,
Guarantee for Supply of a Vessel
WHEREAS by Shipping Contract No.___dated___
(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,
WHEREAS by Paragraph 1 of Article___of the Shipping Contract the Setler has agreed to procure a Letter of Guarantee to be given by the Bank to the Buyer upon the terms and conditions appearing therein,
NOW THEREFORE, we, the undersigned___Bank, for good and valuable consideration and at the request of the Seller. do hereby irrevocably guarantee that:
1. in the event that the Seller shall become 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,
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 accompanied 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
(b) a certificate from the Buyer stating that no response was received from the Seller within ___ days of the said notification，and
(2) copy letter from the Buyer to the Seller notifying the Seller of the time and place where repairs of the item or iterm will take place or have taken place, and
(3)either
(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
(b) an original invoice or invoices (in duplicate) from the relevant Shipyard, manufacturer or supplier, together with a certificate signed hy a reputable classification society surveyor;
B. notary-certified copy of an arbitration award in favor of the Buyer rendered by an arbitrator or arbitration board appointed pursuant to Article___of the Shipping Contract and the grarrantee provisions.
3. The maximum aggregate amount of our liability under this Guarantee shall in no event exceed the sum of USD___ (say___). Furthermore, this sum shall he automatically reduced by any sum or sums paid by the Seller and/or by us to the Buyer from time to time in accordance with the terms and conditions of this Guarantee.
4.For the purpose of this Guarantee a demand presented to us in accordance with the provisions of Paragraph 2 hereinabove and accompanied by the documents therein specified shall be conclusive as to the liability of the Seller to the Buyer to pay the costs referred to in Paragraph 1 hereinabove, provided that in any case other than a demand accompanied by an arbitration award per Paragraph 2B hereinabove or a letter of the Seller's acceptance per Paragraph 2A (1) hereinabove we have not, before or within ___business days
after receipt of such demand, received notice in writing or by telex from the Seller that such liability is disputed.
5. This Guarantee shall be effective from the date on which the Buyer accepts and takes delivery of the Vessel and (subject to the proviso set below) shall expire and cease to have effect ：
(a) in respect of any claim under the Guarantee provisions relating to the diesel engine T220L-UT on___，or
(b) in respect of all other claims under the Guarantee provisions on a date___months after the date of delivery of the Vessel.
6. This Letter of Guarantee shall be governed by and construed in accordance with the Laws of England, We hereby agree to submit to the non-exclusive jurisdiction of the English courts for the purpose of any legal action or proceedings in connection herewith.
IN WITNESS WHEREOF, the Bank has caused this Guarantee to be executed by its duly authorized representative on the date first above written.
參考譯文
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