The letter of guarantee generally has no fixed format, which is determined by the guarantor according to the needs. The basic contents include: the full names and detailed addresses of the three parties, the transaction contents (that is, indicating which transaction is guaranteed for both parties), the guarantee responsibility, the validity period of the guarantee and the termination validity period of the guarantee.
Guarantee sample
Credit guarantee
Party A:
Certificate:
Certificate number:
Account address:
Party B:
Legal representative:
Address:
Party C:
Legal representative:
Address:
Whereas:
1. As a shareholder of Party B, Party A is willing to use its own funds to ensure that when Party B purchases raw materials from Party C, it will fulfill the payment for goods and other related obligations under the contract on time according to the contract signed with Party C. ..
2. Party A guarantees that Party B has sufficient repayment ability during the performance of the contract between Party B and Party C. ..
3. Party A hereby confirms that the shareholders' meeting (board of directors) of Party B has voted to agree that Party A shall undertake the guarantee responsibilities agreed in this agreement and sign this agreement.
Therefore, according to the provisions of the General Principles of Civil Law, Contract Law and other relevant laws, the above three parties have reached the following terms through full and equal consultation, which shall be abided by * * *:
1. Party A guarantees that during the period of _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as the "trading period"), when Party B purchases raw materials from Party C, it will pay the payment on time according to the contract signed with Party C. If Party B fails to pay the payment according to the contract for any reason, Party A is willing to do so.
(RMB _ _ _ _) and agrees to pay Party C or any third party designated by Party C according to Party C's instructions. The period for Party A to undertake the above-mentioned guarantee responsibilities is from the effective date of this Agreement to _ _ _ _ _ _ _ (hereinafter referred to as "guarantee period").
Two. Party A shall provide joint guarantee for Party B's transactions within the above-mentioned _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ However, Party A shall not resist Party C and refuse to undertake the guarantee responsibility on the grounds that Party B fails to provide the above-mentioned relevant information.
3. Party B shall consciously perform the contract documents signed with Party C, and notify Party A of the performance of the contract in time to ensure that the interests of Party A are not harmed; If Party B fails to perform or fails to fully perform the agreed obligations in the contract signed with Party C, Party C has the right to directly require Party A to undertake the guarantee responsibility, and Party A shall perform the repayment obligations (including but not limited to debts and interest, liquidated damages, damages and expenses for realizing creditor's rights) within [7] working days required by Party C.. Party B shall compensate Party A for the damage to its rights and interests caused by its undertaking the guarantee responsibility. During the warranty period stipulated in Article 1 of this Agreement, if Party B changes the contents of the contract signed with Party C, it shall obtain the written consent of Party A in advance. Otherwise, Party A has the right to ask Party B to be responsible for the losses caused to Party A by the change, but Party A shall not object to Party C because of this, and shall still be responsible for the obligations that Party B should perform to Party C after the change.
Four. The validity of this agreement is independent of the raw material transaction contract signed by Party B and Party C. The invalidity of the transaction contract does not affect the validity of this agreement.
5. During the guarantee period agreed in this agreement, Party A shall not provide any guarantee beyond its own affordability to any third party.
Intransitive verb Party A hereby agrees that Party C has the right to require Party A to undertake the guarantee responsibility in advance under any of the following circumstances:
(1) Party A violates the agreement in Article 5 above or commits other serious breach of contract;
(2) During the guarantee period agreed in this agreement, Party C's creditor's rights cannot be realized or may not be realized due to Party B's bankruptcy, dissolution, liquidation and enterprise system change, Party B is involved in or about to be involved in major litigation or arbitration proceedings and other legal disputes, Party B's cheque is dishonored, and other circumstances that may affect its solvency or lack its sincerity in paying debts occur.
Seven. The conclusion, performance, modification and dispute settlement of this Agreement shall be governed by the laws of People's Republic of China (PRC); In case of any dispute during the performance of this agreement, the three parties shall settle it through friendly negotiation; If negotiation fails, it shall be submitted to the court where Party C is located for jurisdiction.
Eight. Party A hereby agrees that even if Party B provides property guarantee to Party C for the transaction between Party B and Party C, when Party B fails to fulfill the due debt or other circumstances agreed in this contract to realize the security right, Party C may give priority to asking Party B to realize the creditor's rights with the property guarantee provided by it, and ask Party A to bear joint liability for the guarantee, and Party A shall not defend on the grounds that the property guarantee has priority.
Nine. This agreement is made in triplicate, one for Party A, Party B and Party C, with the same legal effect.
This agreement shall come into effect as of the date of signature by Party A, Party B and Party C. ..
Party A:
Substitution table:
Party B:
Substitution table:
Party C:
Substitution table:
Date of signature: year month day.