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Payment Of Guarantee By Owner

2011/1/31 13:42:00 57

Payment Of Guarantee By Owner

The contractor (Contractor):


  

Whereas

In accordance with the contract signed by the owner of the construction contract (hereinafter referred to as the "main contract"), we wish the employer to fulfil the payment obligation of the employer in accordance with the agreed terms of payment.


I. scope of guarantee and guarantee amount


The scope of our guarantee is stipulated in the main contract.

engineering funds


The term "works" stipulated in this letter of guarantee refers to the contract price stipulated in the main contract except for the quality warranty.


The amount we guarantee is% of the total amount of the works stipulated in the main contract. The maximum amount is not more than RMB yuan.


Two, the way of guarantee and guarantee period.


The way we guarantee is: joint and several liability guarantee.


Our guarantee period is: from the date of entry into force of this contract to the owner.

contract

Within the days after the agreed payment of the project.


If you agree to change the payment date of the project with the owner, the guarantee period will be adjusted accordingly according to the payment date after the written consent.


Three. Assume the form of suretyship liability.


The form of suretyship liability is payable on behalf of us.

If the owner fails to pay the project payment to you in accordance with the main contract, we shall pay the amount within the guaranteed amount.


Four. Compensation arrangements


If you require us to undertake the responsibility of guarantee, we shall send us a notice of written claim and no proof of the project payment agreed by the owner.

The claim notice should specify the amount of claim and the account payable.


In case of disputes between the owner and the owner due to the quality of the project and the owner refusing to pay the project payment to you, you require us to perform the guarantee duty on behalf of you. We also need to provide the quality supervision materials issued by the chief supervision engineer, the supervision unit or the engineering quality inspection organization that meets the corresponding requirements.


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We have received your written notice of claim and the relevant supporting materials, and have been approved within the working day.


Five, the lifting of the guarantee responsibility.


1. During the guarantee period of this guarantee letter, you have not written to us for the warranty liability. We shall cancel the warranty from the next day after the expiration of the guarantee period.


2, the owner has fulfilled all payment obligations of the project in accordance with the main contract, and the guarantee liability shall be lifted from the next day after the guarantee period of the guarantee is fulfilled.


3. In accordance with this guarantee, we guarantee the liability to be discharged from the date when the amount of the guarantee guaranteed to you reaches the amount of this guarantee.


4, in accordance with the provisions of laws and regulations or other circumstances that should be relieved of our suretyship liability, our guarantee liability under this guarantee is also relieved.


After we have lifted the warranty, you shall return the original letter of guarantee to us within one working day from the date when the guarantee is lifted.


Six. Exemption clause


1, because of your breach of contract, the owner is unable to fulfill his obligations.


2, in accordance with the provisions of laws and regulations or the separate agreement between you and the owners, we shall be exempted from the corresponding liability of guaranty.


3, if you agree to change the main contract with the owner, if we increase the liability of the owner, we shall require our written consent, otherwise we will no longer undertake to increase the warranty liability.


4. Due to force majeure, the owners are unable to fulfill their obligations.


Seven, dispute resolution


Disputes arising from this guarantee shall be resolved through consultation between the two parties. If we fail to reach a negotiated agreement, we shall settle them through litigation procedures.


Eight. The entry into force of a letter of guarantee


The letter of guarantee shall be signed or stamped by the representative (or its authorized agent) by itself, and shall come into force on the date of delivery.


The term "delivery" as mentioned in this article refers to:


The guarantor:


Legal representative (or authorized agent):


The month of the year

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