Sales & Purchase Agreement between xxxxxxxxxx Contract No: Seller’s Transaction Code: Buyer’s Transaction Code: Date:
APPENDIX 6
Letter Payment Guarantee 付款保証函
(Swift by MT799 before POP after POP re swift by MT760)
55550E 11.2005
Amount金额United State Dollars XXXXXX (USDXXXXXXX) BENEFICIARY: XXXXXXX
We have been informed that you concluded on the Purchasing of Fuel Oil Mazut M100/75 a contract no. XXXXXXXX with Quantity of XXXXXX (XXXXXX) Metric Ton at a total price of USDXXXXXX (XXXXXXX) 我们被通知你决定购买M100/75重油合约号码: XXXXXXXX ，数量XXXXXX吨，金额USD XXXXXXXX
According to the contract, payment of the goods supplied has to be secured by a Bank Letter Payment Guarantee for the amount of USDXXXXXXX(XXXXXXX)
依照合约,货款的支付由此付款保証函保证. 金额为USDXXXXXXX
This being stated, we, BANK NAME and address XXXX irrespective of the validity and the legal effects of the above mentioned contract and waiving all rights of objection and defense arising there from, hereby irrevocably undertake to pay to you, upon your first demand, any amount up to the above mentioned maximum amount, upon receipt of your duly signed request for payment stating that
在此规定,我们XXX银行, 地址XXXX不对上述合同的有效性和合法性质疑, 放弃所有质疑权和辩护权, 在此不可撤消付款保证函将于付之, 任何金额或不可超过以上注明之金额, 根据你们提供之合法性收据支付.
? You have supplied the BUYER COMPANY NAME with the goods ordered, in conformity with the terms of the contract and
你们提供这公司BUYER COMPANY NAME符合货物定单根据合约条件.
? You have not received payment at the due date of the contract, in the amount claimed under this guarantee. 当没有在合同规定支付日收到支付金,将以此付款保証函进行索赔.
For the purpose of identification your request for payment must bear or be accompanied by a signed
confirmation of one of our correspondent banks stating that the latter has verified your signature(s) appearing on the said request for payment.
当你决定,要求之付款, 必须证明鉴定,具有或我们签署文件或代办银行注明签署文件
Your claim is also acceptable if transmitted to us in full by duly encoded telex /SWIFT through one of our
correspondent banks confirming that your original claim has been forwarded to us by registered mail or courier service and that the said bank has verified your signature(s) appearing thereon.
你要求的索赔, 我们接受用银行速递(swift) 传于我们银行, 原件将由快递寄于我们
Our guarantee is valid for 12 months/Contract period agree from the date of issue, and expires in full and automatically, should your written request for payment or telex /SWIFT not be in our possession at our above address on or before that date, regardless of such date being a banking day or not.
此付款保証函有效日期为十二个月或合约签署期限, 此付款保証函自动取消在此注明期限.
Our guarantee will be reduced by each payment made by us as a result of a claim. 此付款保証函金额会自动根据索赔而减少.
This guarantee is governed by British Law. Place of jurisdiction and performance is XXXXXXX. 此付款保証函根据英国法律. 仲裁执行地XXXXX.
Page 26 of 29 Seller Initial Buyer Initial Sales & Purchase Agreement between xxxxxxxxxx Contract No: Seller’s Transaction Code: Buyer’s Transaction Code: Date:
APPENDIX 6A
FORMAT RDLC ICC 458/500 USE AMOUNT
BANK INSTRUMENT (RDLC TEXT VERBIAGE)
TRANSFERABLE REVOLVING DOCUMENTRY LETTER OF CREDIT FORMAT ICC 458/500
Swift pre advice RDLC by MT799 before Partly POP and re swift by MT760 after received 2% PB+ Partial POP TYPE:
IRREVOCABLE, TRANSERABLE AND UNCONDITIONAL REVOLVING
DOCUMENTARY LETTER OF CREDIT
BENEFICARY: Name of Bank: Bank Address: Account Name: Account: SWIFT:
----------------------------------------------------------------------------------------------------------- From
Name of Bank: Bank Address: Account Name: Account: Bank Officer: Tel: Fax: SWIFT: CONTRACT NUMBER:
WE HEREBY ESTABLISH OUR IRREVOCABLE, UNCONDITIONAL, DIVISIBLE, ASSIGNABLE, TRANSFERABLE, REVOLVING DOCUMENTRY LETTER OF CREDIT NR. XXX UPON REQUEST OF OUR CLIENT AND ON BEHALF OF XXXXXXX AND IN FAVOUR OF XXXXXXX (Seller’s Name) UP TO THE AMOUNT OF USD XXXXXX (XXXXXXX) ONLY IN CONNECTION WITH THE CONTRACT AND THEY HAVE NOT RECEIVED NR: XXX THIS TRANSFERABLE LETTER OF CREDIT IS PAYABLE AT SIGHT ON THE PURCHASING OF GAS OIL A CONTRACT NO: XXXXXXXXXXX PRESENTED AT OUR COUNTERS.
WE HEREBY AUTHORIZE BENEFICIARY TO DRAW ON (BANK NAME) FOR ACCOUNT OF UP TO THE AMOUNT OF UNITED STATES DOLLARS XXXXXXXX (XXXXXXX) AVAILABLE BY DRAFT AT SIGHT INDICATING THIS RDLC NR. XX AND DATE ACCOMPANIED BY BENEFICIARY’S SIGN STATEMENT CERTIFYING THAT THE AMOUNT DRAWN UNDER THIS CREDIT IS DUE AND PAYABLE TO THEM AND THEY HAVE NOT RECEIVED PAYMENT AND ACCOMPANIED BY APPLICANT’S CONFIRMATION OF DEFAULT THROUGH BANK BY SWIFT TO THE ADVISING BANK.
AT THE REQUEST OF THE APPLICANT THIS TRANSFERABLE DOUMENTARY LETTER OF CREDIT CAN BE EXTENDED UP TO ONE YEAR AND ONE DAY FROM ISSUANCE.
THIS TRANSFERABLE DOCUMENTARY LETTER OF CREDIT IS EFFECTIVE FROM XXXXXX AND EXPIRE AT OUR OFFICES ON XXXXXX.
WE HEREBY AGREE THAT ALL DEMANDS MADE/ALL DRAFT DRAWN ON US AND PRESENTED IN CONFORMITY WITH THE TERMS OF THIS DLC SHALL BE DULY HONORED BY US IMMEDIATELY AND WE UNDERTAKE TO IMMEDIATELY REMIT TO SUCH ACCOUNT AS YOU MAY DESIGNATE THE FULL AMOUNT OF EACH SUCH DEMAND.
THIS CREDIT LINE IS SUBJECTED TO THE UPC FOR TRANSFERABLE DOCUMENTARY CREDIT (REVISION 1993) ICC PUBBLICATION NUMBER 500
Page 27 of 29 Seller Initial Buyer Initial Sales & Purchase Agreement between xxxxxxxxxx Contract No: Seller’s Transaction Code: Buyer’s Transaction Code: Date:
APPENDIX 6B
Sample Format of BG (ICC 458)
Swift Pre-advice BG by MT799 swift by MT799 before Partly POP Issued
Re-swift BG by MT760 after Partly POP Received
BANK GUARANTEE NAME OF BANK: ISSUING BANK NAME ADDRESS:
BANK OFFICER:
BANK SWIFT CODE: ACCOUNT NAME: ACCOUNT NO:
BANK INSTRUMENT: BANK GUARANTEE CUSIP NO: ISIN NO: AMOUNT: ISSUE DATE:
MATURITY DATE: ONE YEAR AND ONE DAY FROM THE DATE OF ISSUE TO:
BANK NAME: RECEIVING BANK BANK ADDRESS: SWIFT CODE: TELEPHONE NO.: FASCIMILE NO.: BANK OFFICER: ACCOUNT NAME: ACCOUNT NUMBER: BENEFICIARY: CONTRACT No.:
We, the undersigned, (Name of Bank and Address) hereby irrevocably and unconditionally without protest or notification promises to pay against this Bank Guarantee No. ………………….. in favour of ……………., the bearer or holder thereof, at maturity in one (1) year and one (1) day, the sum of XXXXXX United States Dollar (USD XXXXXXX) in the lawful currency of the United States of America, upon presentation and surrender of this guarantee at any of the counter of [Name of Issuing Bank].
Such payment shall be made without set-of and clear of any deductions, charges, fees or withholdings of any nature, now or hereinafter imposed, levied, collected, withheld or assessed by the government of [country of issue] or any political subdivision or authority thereof or therein.
This Bank Guarantee is transferable and assignable without presentation or the payment of any fees. This Bank Guarantee is governed by the latest version including amendments of the Uniform Customs and Practices for Documentary Credits as set forth by the International Chamber of Commerce in Paris, France (ICC 458).
This guarantee is a fully performed and operative instrument that can be confirmed and verified bank-to-bank by SWIFT. No mail confirmation will follow.
For and on behalf of [Name of Issuing Bank]
……………………………. Name: Title: Phone:
…………………………….. Name: Title: Phone:
Page 28 of 29 Seller Initial Buyer Initial Sales & Purchase Agreement between xxxxxxxxxx Contract No: Seller’s Transaction Code: Buyer’s Transaction Code: Date:
APPENDIX 7
THE BUYER WILL PROVIDE THE TEXT OF THE PAYMENT BY MT103/23.
TELEGRAPHIC TRANSFER PAYMENT MT 103/23 (To be sent via bank-to-bank SWIFT MT103/23 output)
(Buyer’s bank needs to provide the Text of the TELEGRAPHIC TRANSFER PAYMNET MT 103/23) DATE: ……………………… TO: Bank: Address: SWIFT Code: Account Name: Account No: Phone No: FROM: Bank: Address: SWIFT Code: Account Name: Account No: Phone:
WE, XXXXXXX (BUYER’S BANK NAME AND ADDRESS ) hereby present out Irrevocable, transferable, assignable, and callable cash–back SWIFT wire transfer in your favor for the account of XXXXXXX (SELLER’S BANK ACCOUNT) and account number XXXXXXX (SELLER’S ACCOUNT NUMBER) in the amount of USDXXXXXXX for PAYMENT XXXXXX (PRODUCT NAME AND QUANTITY)
We hereby confirm that the funds are good, clean and cleared funds of non-criminal origin and are from a legal source.
This irrevocable SWIFT is a binding fully performed due bill and is immediately callable on us for cash payment subject to the bank’s instruction for payment: COMMODITY: QUANTITY: CURRENCY: PAYMENT:
The conditional irrevocable, divisible, transferable, assignable, and callable SWIFT wire transfer is valid for five (5) banking days from the XXXXXXX and until the XXXXXXX CENTRAL EUROPEAN TIME (CET)
This operative is an operative payment and is subject to the Uniform Commercial Code As it relates to the contract number: ……………………………………………….
For and on behalf of
I—Name of Issuing Bank Name of Bank officer (1) Name of Bank Officer (2) Title: Title: Direct Phone No Direct Phone No: Passport No/I.D No: Passport No /I.D No:
AUTHORIZED SIGNATURE
Page 29 of 29 Seller Initial Buyer Initial