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Purchase Bank Guarantee
"Need a Purchase Bank Guarantee draft under Dutch law for an international machinery purchase worth €5 million, where our German supplier requires the guarantee from a Netherlands-based bank, with the guarantee period running until March 2025 and including specific URDG 758 compliance requirements."
1. Parties: Identification of the Bank (Guarantor), the Beneficiary (Buyer), and the Principal (Seller)
2. Background: Context of the underlying purchase transaction and purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the guarantee document
4. Guarantee Amount and Currency: Specification of the guaranteed sum and currency
5. Scope of Guarantee: Detailed description 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 date
7. Demand Requirements: Procedure and requirements for making a demand under the guarantee
8. Payment Terms: Terms and conditions for payment upon valid demand
9. Reduction Provisions: Conditions under which the guarantee amount may be reduced
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
11. Notices: Communication procedures and contact details for all parties
1. Transfer and Assignment: Terms regarding the transferability of the guarantee, included when transfer rights need to be specifically addressed
2. Counter-Guarantee Provisions: Included when there is a counter-guarantee structure involving multiple banks
3. Electronic Presentation: Terms for electronic submission of documents, included when electronic demands are permitted
4. Force Majeure: Provisions for extraordinary circumstances, included for complex international transactions
5. Language Provisions: Included when multiple language versions exist, specifying which version prevails
6. Tax Provisions: Included when specific tax considerations need to be addressed
7. Compliance with URDG 758: Specific reference to and incorporation of URDG rules, when applicable
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Purchase Agreement Details: Key details of the purchase agreement being guaranteed
3. Authentication Procedures: Specified procedures for authenticating demands and communications
4. Specimen Signatures: Authorized signatures for all relevant parties
5. Bank's Standard Terms and Conditions: General terms and conditions of the issuing bank applicable to guarantees
Authors
Banking and Financial Services
Manufacturing
International Trade
Construction
Energy
Infrastructure
Real Estate
Telecommunications
Heavy Industry
Shipping and Maritime
Legal
Finance
Treasury
Procurement
Risk Management
Commercial
Compliance
International Trade
Credit Control
Corporate Banking
Chief Financial Officer
Treasury Manager
Procurement Director
Legal Counsel
Trade Finance Manager
Risk Manager
Commercial Director
Contract Manager
Financial Controller
Banking Relationship Manager
Compliance Officer
Senior Purchase Manager
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