Friday, 26 August 2016

various type of Bank Guarantee Format:

 There are various type of Bank Guarantee Format:

1) Bank Guarantee Format for Security Deposit

FORMAT FOR BANK GUARANTEE TOWARDS SECURITY DEPOSIT AND PERFORMANCE BOND (To be executed by any bank, as per attached list, on a Rs 200 non-judicial stamp paper under bank’s covering letter mentioning address of the bank) In consideration of M/s Rashtriya Chemicals & fertilizers Limited, [hereinafter referred to as ‘RCF’, which expression unless repugnant to the context and meaning thereof shall include its successors and assigns] having agreed to exempt M/s __________________________________ [hereinafter referred to as ‘supplier / contractor’ which expression unless repugnant to the context and meaning thereof shall include its successors and assigns] from depositing with RCF a sum of Rs.___________ towards security / performance guarantee in lieu of the said supplier / contractor having agreed to furnish a bank guarantee for the said sum of Rs. _________ as required under the terms and conditions of contract / work order / purchase order no. ______________________ dated __________ [ hereinafter referred as the order’] placed by RCF on the said supplier / contractor. We, _____________ the bank [hereinafter referred to as ‘the bank’ which expression shall include its successors and assigns] do hereby undertake to pay RCF an amount not exceeding Rs. ______________ on the demand made by RCF on us due to a breach committed by the said supplier / contractor of the terms and conditions of the order. 1. We ____________ the bank hereby undertake to pay the amount under the guarantee without any demur merely on a demand from RCF stating that there is a breach by the supplier / contractor of any of the terms and conditions contained in the order or by the reasons of the supplier’s / contractor’s failure to comply with the terms and conditions as stipulated in the order or amendment(s) thereto. The demand made on the bank shall be conclusive as to the breach of the terms and conditions of the order and as regard to the amount due and payable by the bank under this guarantee, notwithstanding any dispute or disputes raised by the said supplier / contractor regarding the validity of such breach and we agree to pay the amount so demanded by RCF without any demur. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _____________. 2. We, ______________ the bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said order and that it shall continue to be enforceable till the dues of RCF under or by virtue of the said order have been fully paid and its claim satisfied or discharged or till RCF certifies that the terms and conditions of the order have been fully and properly carried our by the supplier / contractor and accordingly discharge the guarantee. 3. We ________________ the bank, undertake to pay to RCF any money so demanded notwithstanding any dispute or disputes raised by the said supplier / contractor in any suit or proceedings pending before any court or tribunal relating thereto as our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the said supplier / contractor shall have no claim against us for making such payment. 4. We ________________ the bank further agree that RCF shall have full liberty, without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the order or to extend time of performance by the said supplier / contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the RCF against the said supplier / contractor and to forbear or enforce any of the terms and conditions relating to the order and shall not be relieved from our liability by reason of any such variation or extension being granted to the said supplier / contractor or for any forbearance, act or omission on the part of RCF or any indulgence by RCF to the supplier / contractor or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us. 5. Our liability under this guarantee is restricted to Rs. _________ and shall remain in force up to ___________ unless demand or claim under this guarantee is made on us in writing within 6 months from the date of expiry viz. ________. We shall be discharged from all liabilities under this guarantee thereafter. 6. This guarantee will not discharged due to change in the constitution in the bank or the said supplier / contractor. 7. The bank hereby agrees to address all the future correspondence in regard to this bank guarantee to chief finance manager, Rashtriya Chemicals & fertilizers Limited ________________. 8. We, _____________ the bank lastly undertake not to revoke this guarantee during its currency except with the previous consent of the RCF in writing. Signed on the _________________ day of _______________ Signature For the Bank Witness: Name(s) & Designation(s) Name & Address

2) Bank guarantee format for up vat registration

BANK GUARANTEE FORM (For Registration) 1.We, the (Name of the Bank) hereby undertake to pay to the Commercial Tax Officer, Sector , Dehra Dun (hereinafter called Government) an amount not exceeding Rs…………( ……………… Only ) against security for Registration U/s 7(1)(2) of the Central Sales Tax Act or u/s 8-A of U.P. Trade Tax Act on behalf of M/s Resident of (hereinafter called dealer against any loss or damages caused to or suffered or would be caused to or suffered by the Government, by the reasons of any breach of provisions of the Central Sales Tax Act/U.P. Trade Tax Act in reference to Central Sales Tax/U.P. Trade Tax Registration. 2. We, the (Name of the Bank) do hereby undertake to pay the amounts due and payable under the guarantee without any demur merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reasons of any breach by the said dealer(s) of any of the provisions the Central Sales Tax Act/U.P. Trade Tax Act in reference to Registration. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under the guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……………..( Rupees ………………..Only ) 3.We, ………………………………………….., Dehra Dun (Name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect up to …………., 2000 unless a demand or claim under this guarantee is made on us in writing on or before ……………….. we shall be discharged from all liabilities under this guarantee thereafter. 4.We, the ………………………………………… Dehra Dun (Name of the Bank) further agree with the Government that the Government shall have the fullest, liberty without our consent and without affecting in any manner, or obligation hereunder to vary any of the terms and conditions extended time of performance by the said dealer from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said dealer and to enforce any of the terms and conditions relating to the Central Sales Tax/the U.P. Trade Tax Registration and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said dealer or for any forbearance, act or omission on the part of the Government or by any indulgence by the Government to the said dealer or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 5.We, the Oriental Bank of Commerce, Karanpur , Dehra Dun (Name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in riting. 6. Notwithstanding anything mentioned herein before our liability under this guarantee is restricted to Rs ………… (…………………. ) and it will remain in force up to th month,20- unless a suit to enforce any claim under the guarantee is filed against us or before , 20 all our rights under the said guarantee shall be forfeited and we shall be released and discharged from all liabilities there under. For ........................ (Name of the Bank)

3) Bank guarantee format for advance payment 

Brief Description of Contract         :  Machinery and Equipment for 135 TPH, 64 Bar (g) 460 +/- 5 Deg C CBFC Boiler.

Beneficiary    Ñame                :        M/s. VNT, 19 Pulp Paper Joint Stock Company 201, Minh Khai Street, Hai Ba Trung District, Hanoi, Vietnam.                                       

(Whom the Contract defines as the Purchaser)

At the request of ISGEC Heavy Engineering Limited having its Registered Office at Yamunanagar-135001, Haryana, India and an office at A-4, Sector-24, NOIDA-201301, (India) (hereinafter called the “Supplier”)

 we, _______________________________(NAME OF THE BANK),   hereby irrevocably undertake to pay you the Beneficiary/Purchaser any unadjusted sum or sums of advance not exceeding in total the amount of US $ _________ (US Dollars _______________) upon receipt by us of your demand in writing and your written statement stating:

(a)       That the Supplier has failed to repay the advance payment in accordance with the conditions of the Contract, and

(b)       The amount which the Supplier has failed to repay.

            This Guarantee shall become effective upon receipt of the full advance payment of US $ ______ (US Dollars _______________Only)  by the Supplier. Such guaranteed amount shall be automatically reduced by the amounts of the advance payment repaid to you by way of proportionate adjustment in the amount invoiced for the dispatch of Machinery and Equipment upon receipt of copy of Invoice and Bill of Lading from the Supplier, without any consent from the Beneficiary/Purchaser.

            Any demand for payment must contain your signature(s) which must be authenticated by your bankers or by a notary public. The claim must be authenticated and statement must be received by us in this office on or before 25.02.2017 , when this Guarantee shall expire and shall be returned to us.
                                                           













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            We have been informed that the Beneficiary/Purchaser may require the Supplier to extend this Guarantee if the advance payment has not been fully adjusted by the date 28 days prior to such expiry date. We undertake to pay you such remaining unadjusted advance amount upon receipt by us, within such period of 28 days of your demand in writing and your written statement that the advance payment has not been adjusted fully and that this Guarantee has not been extended.


            This Guarantee shall be subject to the Uniform Rules for Demand Guarantees published as number 758 by the International Chamber of Commerce, except as stated above.

            Notwithstanding anything stated hereinbefore the liability of the Guarantor under this Guarantee is restricted to US $ ___________ (US Dollars _______________).   This Guarantee shall remain in force upto    (date), . Unless a demand under this Guarantee is received by the Guarantor in writing before 25.02.2017 (date) all rights of the Beneficiary/Purchaser under this Guarantee shall be forfeited and the Guarantor shall be released and discharged from all liabilities hereunder.

This Guarantee is Non-assignable and Non-Transferable.



4) Bank guarantee format for central excise 

(on 100 Rs.  Stamp Paper)

BANK GUARANTEE


To,
The President of India,
Through the Asst. Commissioner of Customs,
Bond Department,
New Custom House,
Mumbai – 400 038.

1.      In consideration of the President of India (hereinafter called “The Government”) having agreed to exempt M/s. XXXXXXXX, (hereinafter called  “the said Obligator(s)”) from demand under the terms and conditions of an agreement dated 00/00/00 made between M/s. XXXXXXX and The President of India acting through, Assistant Commissioner of Customs for import of goods. Custom Duty worth Rs.00000/- (Rupees ____________________________) (hereinafter called “The said Agreement”) of security deposit for the due fulfillment by the said Obligator(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs.00000/- (Rupees ______________________________________)                                                          
                                                                                                                                
We, the XXXXXX Bank Ltd. (hereinafter referred to as “The Bank”) at the request of M/s. _Name & Address________________________ Obligators(s) do hereby undertake to pay to the Government an amount not exceeding Rs.00000/- (Rupees _____________________ ___________) against any loss or damage caused to or suffered or would be caused to or suffered by the Government of India so of any breach by the said Obligator(s) of any of the terms and conditions contained in the said agreement .

2.   We, XXXXX Bank Ltd. do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said Obligator(s) of any of the terms and conditions contained in the said Agreement or by reason of the Obligator(s) failure to perform the said agreement .

Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this Guarantee shall be restricted to any amount not exceeding Rs 00000/- (Rupees ________________________
_______________).

3.   We undertake to pay to the Government any money so demanded not withstanding any dispute or disputes raised by the Obligator(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge or our liability for payment thereunder and the Obligator(s) shall have no claim against us for making such payments.

4.   We, XXXXXXXX Bank Ltd., further agree that the guarantee herein contained shall remain in full force and effect during the period that it shall continue to be enforceable till all the dues of the Government under or by the virtue of the said agreement have been fully paid and its claims satisfied or discharged or till 00/00/00, office of the The Assistant Commissioner of Central Excise & Customs , Bond Department , Annexure I Building , New Customs House , Ballard Estate, Mumbai – 400038 certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Obligator(s) and accordingly discharges this guarantee or until 00/00/00 whichever is earlier. Unless a demand or claim under this guarantee is made on us in writing on or before 00/00/00 we shall be discharged from all liability under this guarantee thereafter.

5.  We, XXXXXXX Bank Ltd., further agree with the Government that the Government shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary and of the terms and conditions of the said agreement or to extend time of performance by the said Obligator(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Obligator(s) and to forebear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason or any such variation, or extension being  granted to the said Obligator(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effected of so relieving us.


We, XXXXXXXX Bank Ltd. and address countersign this bond as surety only to the extent of Rs.00000/- (Rupees _________________________), it  being clearly understood that our liability is limited to the said sum of Rs.00000/-

Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to Rs.00000/- (Rupees_______________________________). Our guarantee shall remain in force until 00/00/00. Our liability hereunder is conditional upon your lodging a demand or claim with The XXXXXX Bank Ltd., and address on or before 00/00/00. Unless a demand or claim is lodged with us within the aforesaid time, your rights under the guarantee shall be forfeited and we shall not be liable thereunder.

All claims under this guarantee will be made payable at XXXXXX Bank Ltd. and Address. This guarantee will be returned to XXXXX Bank Ltd., once the purpose of issuance has been fulfilled or upon its expiry whichever is earlier.

Date  :
Place : NOIDA



Witness                                                                                                                                   Address

5) Bank guarantee format for tender 

Format for Submitting Bank Guarantee as Earnest Money TENDER NO. SECI/CntrlChgStn/03/2012 Date: ……… (To be submitted in Rs. 50/- Non-Judicial Stamp Paper to be purchased in the name of the issuing bank) To, Solar Energy Corporation of India IV Floor, Tower I, Sector V, Saket, New Delhi-110 007, India WHEREAS …………………………………………………………..……... (Supplier’s name) (Thereinafter referred to as “Supplier”), a Corporation/ Company/ Firm having its registered office at …………………………………………..………… is required to deposit with you, by way of Earnest Money, Rs.20 Lakhs (Rupees Twenty Lakhs only) in connection with its tender for the work with reference to Notice Inviting Bid (TENDER NO. SECI/CntrlChgStn/03/2012 dated 2.04.2012) as per specification and terms and conditions enclosed therein. WHEREAS the Supplier as per “Tender Notice, point no.3.7 (page 15) BID SECURITY (Earnest Money)” has agreed to establish a Bank Guarantee in Your favour through us valid up to ………….……………….….. (Date) We ……………………………………………………………………………….…… (Bank) hereby agree and undertake to pay you on demand the said amount of Rs.20Lakhs (Rupees Twenty Lakhs only) without any protest or demur in the event the Supplier/Tenderer after submission of his tender, resiles from or withdraws his offer or modifies the terms and conditions thereof in a manner not acceptable to you or expresses his unwillingness to accept the order placed and/or letter of intent issued on the Supplier/Tenderer or fails to sign the contract within stipulated period for the work under “Notice Inviting Bid (TENDER NO. SECI/CntrlChgStn/03/2012 dated 2.04.2012). 1. Your decision as to whether the Supplier/Tenderer has resiled from or has withdrawn his offer or has modified the terms and conditions thereof in a manner not acceptable to you or has expressed his unwillingness to accept the order placed and/or Letter of Intent issued by you on the Supplier/Tenderer for the work Notice Inviting Bid (TENDER NO. SECI/CntrlChgStn/03/2012 dated 2.04.2012) in this regard, shall be final and binding on us and we shall not be entitled to question the same. 2. Notwithstanding anything contained in the foregoing, our liability under this Guarantee shall be restricted Rs.20Lakhs (Rupees Twenty Lakhs only). 3. This Guarantee shall remain valid and in full force and effect up to ……..…….. (Date) and shall expire thereafter unless an intimation is given to the Bank by you earlier in writing discharging us from our obligation under this Guarantee. 4. We shall not revoke this Guarantee during its currency except by your consent in writing. 5. This Guarantee shall not be affected by any change in the constitution of the Supplier/Tenderer or yourselves or ourselves but shall ensure to your benefit and be enforceable against our legal successors or assignees by you or your legal successors. 6. Notwithstanding anything contained herein above unless a demand or claim under this Guarantee is made on us in writing within six months from the date of expiry of this Guarantee we shall be discharged from all liabilities under this Guarantee thereafter. 7. We have power to issue this Guarantee under our Memorandum and Articles of Association and the undersigned who is executing this Guarantee has the necessary power to do so under a duly executed Power of Attorney granted to him by the Bank. Signed and Delivered For and on behalf of……………………….. Bank (Banker’s Name) Name of Bank Manager ……………………….. Address…………………………..……………….

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