Company name:
Legal representative:
Telephone:
Fax:
Address:
Party B (creditor):
Company name:
Legal representative:
Telephone:
Fax:
In order to guarantee the creditor's rights (hereinafter referred to as the "master contract") under _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as the "master contract") signed by Party B and the debtor, Party A is willing to provide guarantee for the creditor's rights (hereinafter referred to as the "master creditor's rights") under this contract, and Party A and Party B reach an agreement through consultation in accordance with relevant laws and regulations of China.
Article 1 Types, amount and term of secured principal creditor's rights
1. 1 The principal creditor's right guaranteed by Party A is the creditor's right formed by the transaction agreed by the debtor under Party B's main contract. The business type agreed under the master contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Scope of Guarantee
2. 1 The scope of Party A's guarantee includes the principal and interest of the principal creditor's rights, overdue interest, penalty interest, compound interest, liquidated damages, damages and expenses incurred by Party B to realize the creditor's rights (including but not limited to legal fees, arbitration fees, preservation fees, announcement fees, evaluation fees, appraisal fees, auction fees, travel expenses, telecommunication fees, attorney fees, etc.). ) and other expenses payable by all debtors of the main contract.
Article 3 Guarantee methods
3. 1 The guarantee method of Party A is joint and several liability guarantee. When the debtor of the main contract fails to perform the repayment obligations agreed in the main contract, Party B has the right to directly recover from Party A, and Party A shall immediately pay off the principal creditor's rights to Party B. ..
3.2 In addition to the guarantee methods agreed in this contract, if there are other guarantees (including but not limited to those provided by the debtor of the main contract to Party B), or if Party B finds that the product has quality problems or fails to guarantee the business within the time limit, Party B has the priority to exercise its rights under this contract and apply to Party A for termination of the agreement (contract), and Party A will refund the handling fees of both parties. Party A's guarantee liability to Party B is not affected by any other guarantee, and its guarantee liability is not based on the premise that Party B claims rights from any other guarantor or carries out litigation/arbitration/enforcement. If Party B abandons or changes the guarantee or guarantee order provided by the debtor of the main contract for any reason, resulting in the loss or reduction of its priority rights and interests under the guarantee of the above things, Party A agrees that its guarantee liability under this contract will not be exempted or reduced.
3.3 If Party A provides guarantee for part of the creditor's rights under the main contract, the repayment of any part of the principal creditor's rights will not reduce or exempt Party A's guarantee responsibility accordingly, and Party A still needs to undertake guarantee responsibility for the outstanding balance under the main contract within the scope of its promised guarantee amount.
Article 4 Warranty Period
4. 1 Party A's guarantee period is two years from the expiration of the main debt performance period stipulated in the independent contract.
4.2 The term "maturity date of the main debt" mentioned in the preceding paragraph includes the maturity date of each debt when the debtor of the main contract pays off the debt in installments; It also includes the date when the creditor announces the early maturity according to the agreement in the main contract.
4.3 If the business under the main contract is a letter of credit or a bank acceptance bill, the guarantee period is two years from the date of advance payment; In case of prepayment by installments, the guarantee period shall be calculated separately from the date of each prepayment.
Article 5 Rights and obligations of Party A
5. 1 Party A guarantees that it is a legal entity registered in accordance with the law and effectively existing, has the guarantor qualification stipulated by law and the ability to pay off debts on its behalf, and voluntarily undertakes and performs the guarantee responsibilities.
5.2 Party A guarantees that the signing of this contract has been approved by the superior competent department of Party A or the board of directors, shareholders' meeting and shareholders' meeting of Party A in accordance with the provisions of laws and articles of association, and all necessary authorizations have been obtained.
5.3 Party A guarantees that its signing and performance of this contract will not violate any regulations or agreements binding on Party A and its assets, any guarantee agreement, other agreements signed by Party A with others and any other documents, agreements and commitments binding on Party A. ..
5.4 All documents and materials provided by Party A to Party B are true, accurate, legal and effective.
5.5 Party A knows and agrees to all the terms of the main contract, and voluntarily provides a guarantee for the debtor of the main contract to ensure that the joint repayment obligations are fulfilled in accordance with the provisions of this contract.
5.6 If the main contract under this contract is a bank acceptance bill agreement, Party A guarantees that any bill and non-bill disputes between the debtor of the main contract and the holder, endorser or other parties of the acceptance bill will not affect Party A's guarantee liability to Party B under this contract.
5.7 Party A guarantees that it will not provide any other guarantee beyond its guarantee ability to the third party within the validity period of this contract.
5.8 Party A guarantees to provide financial statements such as balance sheet, profit and loss statement and cash flow statement within the validity period of this contract. According to Party B's requirements, accept Party B's inspection and supervision on its production and business activities and financial status.
5.9 During the validity period of this Contract, what happens in its own system or legal status includes but is not limited to contracting, leasing, custody, asset reorganization, debt reorganization, shareholding system reform, joint venture, merger (or merger), division, paid transfer of property rights, joint venture (or cooperation), reduction of registered capital, or application for suspension of business for rectification, dissolution (or cancellation), reorganization, reconciliation and bankruptcy.
5. 10 During the validity period of this contract, if Party B changes its own system and legal status, including but not limited to being declared to suspend business for rectification, being declared to be closed, being declared to be dissolved (revoked), being applied for reorganization, going bankrupt or other circumstances that may endanger its normal operation and lose its guarantee ability, it shall notify Party B in writing within three days.
5. 1 1 If Party A changes its domicile, name and legal representative, it shall notify Party B within seven days after the change.
Article 6 Rights and Obligations of Party B
6. 1 Party B has the right to request Party A to provide financial reports, financial statements and other information reflecting its operation and credit standing at any time.
6.2 When the performance period of the debt under the main contract expires (including the maturity of the main creditor's rights by stages or the creditor's announcement of the early maturity of the debt), if the debtor of the main contract repays the debt as agreed in the contract, Party B has the right to require Party A to undertake joint and several guarantee liabilities as agreed in this contract.
6.3 If Party A performs its responsibilities under this contract as agreed, Party B has the right to open a payable account with Party A on _ _ _ _ _. When Party B transfers money to Party A's account, if the currency in the account is inconsistent with the currency of the principal creditor's rights, it shall be converted according to the quotation published by Party B on the transfer day.
Article 7 Liability for breach of contract
7. 1 After this contract comes into effect, both parties shall perform their obligations under this contract. If either party fails to perform or fails to fully perform its obligations under this contract, it shall bear the corresponding liabilities for breach of contract and compensate the losses caused to the other party.
Article 8 the contract comes into effect
8. 1 This contract shall come into force as of the date of signature by both parties.
8.2 The validity of this contract is independent of that of the main contract, and it is not invalid because the main contract is invalid. If the main contract is confirmed invalid, Party A shall be jointly and severally liable for the debts incurred by the debtor of the main contract due to the return of property or compensation for losses.
Article 9 Supplementary Provisions
9. 1 If Party A's name, legal representative and address are changed within the validity period of this contract without notifying Party B in writing, Party B shall send all documents to Party A according to the information contained in this contract, which shall be deemed as delivery.
9.2 Other matters agreed by both parties.
9.3 If □ mode is selected under this contract, please enter it in □. Indicates that this clause applies, click? Indicates that the clause does not apply.
9.4 This Contract is concluded on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
9.5 The relevant annexes under this contract are an integral part of this contract and have the same legal effect as this contract.
9.6 Party B has taken reasonable measures to draw Party A's attention to the clauses exempting or limiting Party B's responsibilities under this contract, and fully explained the relevant clauses according to Party A's requirements; Party A and Party B have no objection to the understanding of all the terms of this contract.
Party A:
Legal representative:
Date of signing: