Model letter of guarantee 1
Guarantor:
Guarantor A: your company's agent Wen Yi Shu Guarantor B: # # # # Project Manager of Co., Ltd. # # Guarantee content: # # # The performance guarantee for construction project is guaranteed by Party A as the representative of the employer and Party B as the representative of the contractor. In order to better fulfill the agreement of both parties in the construction contract, this guarantee contract is hereby concluded:
1. Guarantor A: With the state-owned land use certificate and construction permit of this project as the performance guarantee, the commitments are as follows:
1. If the project payment allocated for each period is delayed by one month, the guarantee company will calculate the shutdown loss and recover the due project payment and overdue liquidated damages.
2. If the project fails to perform in accordance with the relevant provisions of the construction contract, and the project is shut down for two months for a long time, the guarantee company will force the transfer of land and buildings under construction to pay the investment of the guaranteed Party B. ..
2. The guaranteed Party B takes the performance bond and the advance payment of 200,000 yuan to invest in the capital project and the investment completed by the main body on the second floor as the performance guarantee, and promises as follows:
1, if the time limit and completion are not in accordance with the quality standards and the Construction Contract, the guarantee company shall urge the rework and recover the liquidated damages according to the regulations of the quality supervision department.
2, long-term shutdown for two months, with the performance bond to entrust a qualified construction unit to complete the construction of a certain capital stage, if the next capital stage does not enter the construction site, the contract will be terminated without midway settlement.
Three. According to the guarantor's performance commitment, the guarantee company accepts the guarantor's breach of contract complaint, sends personnel to investigate and verify, and a single guarantor organizes and coordinates arbitration according to the relevant agreement of the guarantee. Guarantee contract 4. any other business
1. The warranty period shall take effect from the effective date of the construction contract (copy) to the date when the project is completed and accepted, with a total warranty period of 300 days.
2. The guarantor shall submit the state-owned use certificate, construction permit, construction contract and performance bond to the guarantee company one day before the project starts.
3. The interest of RMB 200,000.00 Yuan from the performance bond of this letter of guarantee shall be used as the guarantee fee of this letter of guarantee, and each party shall bear 50% of the guarantee fee.
4. Return the guarantor's state-owned land use certificate, construction permit, construction contract (copy) and the principal of performance bond within 10 days after the expiration of the guarantee period.
5. This guarantee contract is made in triplicate, and shall come into effect after being signed (sealed) by the three parties.
Guarantor:
Guarantor a:
Guarantor b:
date month year
Model article 2 of the guarantee
Party A: Legal Representative:
Domicile:
Party B: Legal Representative:
Domicile:
Party C: Legal Representative:
Domicile:
Party A and Party B signed this contract or agreement (the contract number is, hereinafter referred to as the main contract) on. According to the agreement in the master contract, Party B shall pay Party A RMB10,000.00 Yuan on.
In order to ensure the performance of the above-mentioned master contract, Party C voluntarily acts as the guarantor of Party B. Now, all parties have reached a cost guarantee contract:
1. The scope of Party C's guarantee includes all contractual obligations and responsibilities arising from Party B's main contract, as well as all necessary expenses such as travel expenses, attorney's fees and attorney's agency fees paid by Party A to realize the above rights;
2. The guarantee period ends on the year, month and day;
Three. The guarantee method is joint and several liability guarantee, that is, Party A has the right to choose to claim all rights from Party B or Party C at that time;
4. If Party B or Party C fails to perform its obligations at that time, all parties agree that Party A has no choice but to bring a lawsuit to the Xihu District People's Court to claim rights;
Verb (abbreviation of verb) The parties clearly indicate that in order to sign this contract, they have completed all procedures and necessary authorization, and it is true and voluntary to sign this contract.
This contract shall come into effect after being signed and sealed by all parties. This contract is made in triplicate, one for each party.
Party A, Party B and Party C:
date month year
Model letter of guarantee 3
Party a: Shaanxi Huaxin investment guarantee co., ltd
Party B: _ _ _ _ _ _ _ _ _ _ _
Through negotiation, Party A and Party B agree to provide joint and several liability guarantee for Party B to finance the lease of construction machinery and equipment to Modern Finance Leasing Co., Ltd. (hereinafter referred to as the lessor), and both parties reach the following guarantee agreement:
I. Basic information about the financial leasing contract (hereinafter referred to as the main contract) signed by Party B and Hyundai Financial Leasing Co., Ltd. (hereinafter referred to as the financing company): the financial leasing amount is _ _ _ _ _; Term of financing lease: _ _ months; Financing lease items (hereinafter referred to as items): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Two. Scope, duration and method of guarantee
The scope of guarantee is the principal and interest of the lease fee paid by Party B to the finance company in full and on time according to the agreement in the master contract. The guarantee period of Party A is 6 months from the expiration of the performance period of the main debt agreed in the main contract signed by Party B and the financing company.
Party A shall be jointly and severally liable for the debts within the scope of its guarantee. If Party B fails to pay off the debts at the expiration of the debt performance period agreed in the master contract, the lessor may request Party B to pay off the debts or Party A to pay off the debts on its behalf within the scope of guarantee agreed in this contract. If the guarantee contract is beyond the scope of Party A's guarantee, Party A will not be liable for any money during the guarantee period. Party A's guarantee liability will be reduced or relieved with Party B's repayment obligation under the main contract or Party A's repayment on its behalf.
3. Party A provides a guarantee for Party B's financial lease, and Party B pays Party A the guarantee fee for financial lease (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B shall pay% of the financing lease amount to Party A as the security deposit. If Party B fails to fulfill the payment obligations as agreed in the master contract, Party A has the right to use the deposit to compensate the financing company; Party A shall notify Party B, and Party B shall make up the deposit to Party A within 3 working days after receiving the notice, otherwise Party B shall pay the overdue interest on the amount of deposit reduction and exemption at 4 times of the benchmark interest rate of bank loans in the same period. After Party B fully and timely performs its obligations under the main contract, the deposit will be refunded.
Four. Obligations of Party B:
1. Party B shall pay% of the secured financing lease amount to Party A in one lump sum before Party A signs the guarantee contract with the lessor; Otherwise, Party A has the right to refuse the guarantee and disclose the matter to relevant units.
2. Pay the rent in time according to the payment method, time and amount agreed in the master contract.
3. After the expiration of the performance period of the main debt agreed in the main contract, Party B must bear the overdue interest, penalty interest, liquidated damages, compensation and other expenses.
4 Party B agrees that even if there is a claim in Article 7 1 of the main contract or other events that affect the normal use of the goods, whether Party B can obtain compensation through negotiation or claim, and whether negotiation or claim is in progress or not, it will not affect the performance of this contract, and Party B shall pay the lessor rent and other payables in good faith according to this contract and the main contract.
5. Party B shall strictly implement the provisions on insurance clauses in Article 16 of the main contract. The occurrence of insurance accidents and the handling of insurance reasons shall not affect Party B's performance of the agreed obligations under the main contract.
6. Party B shall, in line with the principle of honesty and credit, use the articles according to the operation specifications and implement them.
Normal storage and maintenance, use, storage and maintenance must meet the requirements agreed in Articles 10 and 1 1 of the financial lease contract, so as to keep the goods in normal condition and give full play to their normal efficiency.
5. Without Party A's written consent, Party B shall not disassemble, dismantle, damage or destroy the GPS system (Global Positioning System) installed on the subject matter, which will make the subject matter out of supervision and increase Party A's guarantee risk ... This behavior is regarded as embezzlement and serious breach of contract, and Party A has the right to take any reasonable measures to reduce the guarantee risk (including but not limited to towing the plane and taking judicial measures), but the above measures can be cancelled after Party B provides remedial measures satisfactory to Party A. ..
In case of any of the following situations of intransitive verbs, Party B shall fulfill the obligation of information disclosure and notify Party A in writing immediately (on the day of occurrence) without delay:
1. Loss or damage of articles.
2. The normal performance of the financial lease contract may be affected by major changes in Party B's operating conditions, breach of contract, litigation and major adverse operating conditions.
3. Litigation involving things happens from time to time.
4. The target construction address, Party B's address and communication mode have changed.
5. Rental items.
6, the main contract changes.
If Party B fails to fulfill the notification obligation, it shall pay RMB to Party A as liquidated damages. If the liquidated damages are not enough to compensate Party A's losses, the actual losses shall prevail.
Seven. Supervision and management rights of Party A:
Party A has the right to conduct on-site inspection of articles at any time without affecting the normal use of Party B; Party A has the right to inspect, verify and verify the business activities of Party B in using commodities. When Party B breaches the contract, Party A has the right to inquire about Party B's accounts receivable and creditor's rights from Party B's business department and notify it to pay temporarily.
After handling the financing repayment card, Party B will give the card to Party A for safekeeping, and Party B only needs to remit the financing lease money directly to the card number every month. If Party A makes compensation for failing to pay the main contract rent on time, Party B shall immediately pay off all the compensation paid by Party A after receiving Party A's written dunning notice ... Otherwise, Party A has the right to entrust the relevant bank to deduct the relevant funds from Party B's account without obtaining Party B's authorization again.
If Party B fails to pay the rent to the lessor, Party A has the right to interview Party B and conduct on-site inspection of the object, and the expenses (including reasonable expenses such as travel expenses, accommodation expenses and labor expenses) arising therefrom shall be borne by Party B. The minimum amount of expenses paid by Party B each time is 1 1,000 yuan. However, if the actual expenses paid by Party A exceed RMB 65,438+0,000, Party B shall pay according to the actual amount incurred by Party A (including expenses that have not actually occurred at present but should occur in the future).
Article 8. If Party B fails to pay the lease fee to the finance company for two consecutive months (times) or two cumulative months (times), or Party A assumes the guarantee responsibility for other reasons, Party B shall pay the overdue guarantee fee to Party A (50% more than the lease guarantee fee due under this contract), and Party A has the right to take back the goods according to the lessor's prior authorization or request.
After Party A performs the guarantee obligation to pay off the debts on behalf of Party B as agreed in this Contract, it has the right to require Party B to immediately return all the money paid by Party A and the interest from the date of payment (the interest rate is 4 times of the benchmark loan interest rate for the same period), as well as other expenses and losses of Party A (including but not limited to travel expenses, accommodation expenses, labor fees, attorney fees, execution fees, appraisal fees, appraisal fees, registration fees, transfer fees, storage fees and other expenses for realizing the creditor's rights).
Nine. Party B guarantees that all information provided to Party A and the lessor is legal, true and effective. If the information provided by Party B to Party A is defective, Party B shall bear the civil or criminal liabilities arising therefrom.
Due to the above reasons, the signing of the main contract cannot be realized or becomes invalid, and the relevant fees charged by Party A will not be refunded except the notarization fee.
X the rights and obligations of both parties stipulated in this contract can only be waived or changed in writing.
XI。 The signing place of this contract is: _ _ _ _ _ _ _ _ _; Both parties agree that the jurisdiction court shall be determined by the place where the contract is signed.
Twelve. This contract shall come into effect after being signed and sealed by both parties or their authorized persons.
Thirteen. others
1. A, Both parties agree that the above financial lease contract and this agreement are made by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deal with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Other matters not covered shall be determined by both parties through consultation as a supplement to this contract.
Party A (signature): Party B (signature):
Date: Date: