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Advance Payment Guarantees
"I need an Advance Payment Guarantee under Swiss law for a manufacturing equipment purchase from a Chinese supplier, with a guarantee amount of 2 million CHF and validity until March 2025, including provisions for partial reduction of the guarantee amount as equipment deliveries are completed."
1. Parties: Identification of the Guarantor (typically a bank), the Beneficiary (party receiving the guarantee), and the Principal (party whose obligation is being guaranteed)
2. Background: Context of the underlying transaction, reference to the main contract requiring the advance payment guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee Amount: Specification of the maximum guaranteed sum and currency
5. Scope of Guarantee: Clear definition of what the guarantee covers and the conditions under which it can be called
6. Duration and Expiry: Validity period of the guarantee, including start date and expiry conditions
7. Demand Requirements: Formal requirements for making a valid demand under the guarantee
8. Payment Terms: Timeframe and process for payment upon valid demand
9. Reduction Clause: Conditions and mechanism for reduction of the guarantee amount over time
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
11. Notices: Communication requirements and contact details for all parties
1. Language: Required for multi-language guarantees, specifying which language version prevails
2. Assignment: Include when transfer of guarantee rights needs to be addressed
3. Counter-Indemnity: Required when specific counter-indemnity arrangements exist between guarantor and principal
4. Force Majeure: Include for international transactions or when specific force majeure provisions are needed
5. Anti-Money Laundering Compliance: Required for high-value guarantees or when dealing with specific jurisdictions
6. Electronic Presentation: Include when electronic submission of demands is permitted
7. Partial Demands: Required when multiple partial demands are to be permitted
8. Direct Debit Authorization: Include when automatic debit arrangements are established for guarantee fees
1. Form of Demand: Template for making a valid demand under the guarantee
2. Copy of Underlying Contract: Reference copy of the main contract requiring the advance payment guarantee
3. Payment Schedule: If applicable, schedule of guaranteed advance payments and corresponding reduction of guarantee amount
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Bank Details: Banking information for all parties involved in the guarantee
Authors
Banking and Financial Services
Construction and Infrastructure
Manufacturing
International Trade
Energy and Utilities
Engineering
Defense
Telecommunications
Industrial Equipment
Technology and Software
Mining and Resources
Transportation and Logistics
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Compliance
Project Management
International Trade
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Contract Manager
Procurement Manager
Legal Counsel
Commercial Director
Project Manager
Risk Manager
Banking Relationship Manager
Trade Finance Manager
Compliance Officer
Financial Controller
Corporate Lawyer
Business Development Manager
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