BANK GUARANTEE GIVEN TO GOVERNMENT OR CORPORATION FOR ADVANCE PAYMENT TO BE MADE TO A CONTRACTOR

 

Date…………….                                                                                                                       

Dear Sirs,

 

In consideration of your agreeing to pay to M/s…………….(hereinafter referred to as “the said Contractor” a sum of Rs …………….(Rupees  …………………      only) as and by way of advance payment in terms of their contract No. …………….dated……………. with you for…………….(hereinafter referred to as “The said Contract”) on our  agreeing to furnish you with our guarantee in the manner hereinafter contained, we…………….(Banker’s name) do hereby covenant and agree with you as follows:

 

1. We …………….Bank, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and having our head office at …………………………. and local off ice at…………….hereby undertake to indemnify you and keep you indemnified to the extent of the sum of Rs ……………. (Rupees…………………………. . only) from and against all claims, demands, proceedings, losses and damages that may be caused to or suffered by you in relation to the advance payment to be made by you to the said Contractor as aforesaid by reason of any default or defaults on the part of the said contractor in the due supply of the plant, machinery or equipment supplied by it or for carrying out any works or discharging any obligation under the said Contract or otherwise in the observance and performance of any of the terms and conditions relating thereto and in the event of any default or defaults on the part of the said Contractor as aforesaid, we shall forthwith on demand and without demur pay to you a sum not exceeding Rs …………….. (Rupees…………….only) as may be claimed by you to be due from the said Contractor by way of refund of such advance payment or any portion or otherwise as your losses and/or damages, costs, charges or expenses by reason of such default or defaults on the part of the Contractor as aforesaid.

 

2. Notwithstanding anything contained in the said contract or any document, we agree that your decision as to whether the said Contractor has made any such default under the said contract and the amount or amounts to which you are entitled by reason thereof, will be binding on us and we shall not be entitled to ask you to establish your claim or claims under this Guarantee or raise any objection whatsoever, but will pay the sum within a period of seven days from the receipt of letter of demand from you without any demur or objection.

 

3. This guarantee shall continue and remain in full force, until we are released by you on the application by the said Contractor after expiry of the guarantee period of the said contract and after the said Contractor has discharged all his obligations under the said contract and produced a certificate of due completion of the work under the said contract and submitted a “No Demand Certificate”, provided always this guarantee shall in no event remain in force after the date of and unless any claim or demand is made or otherwise notified to us in writing before expiry of six months from the said date, the said claim or demand will not be enforceable against us.

 

4. If it becomes necessary to extend this guarantee beyond the aforesaid date, on account of any reason whatsoever, we undertake to extend the validity period of this guarantee on your request till such time as may be required by you. Your decision in this respect shall be final and binding on us.

 

5. This guarantee will not be affected by variation of the terms and conditions of the said contract or extension of time or exercise of any of your rights or powers against the said Contractor from time to time. You will be at liberty either to enforce or forbear to enforce any of the terms and conditions of the said contract and we shall not be released from our liability under this guarantee by the exercise of your liberty with reference to matters aforesaid or by reason of any time being given to the said Contractor or any other forbearance, act or omission on your part or any indulgence by you to the said Contractor or by any variation or modification of the said contract or any other act, matter or thing whatsoever, which, under the law relating to sureties, would but for the provisions hereof, have the effect of so releasing us from our liability hereunder provided always nothing herein contained will enlarge our liability hereunder beyond the limit of Rs . ………………. (Rupees…………….only) as aforesaid or extend the period of the guarantee beyond the said day of unless expressly agreed to by us in writing.

 

6. We will not be released in any way by your taking or varying or giving up any securities from the said Contractor or any other person, firm or company on its behalf or by the winding up, dissolution, insolvency or death, as the case may be of the said Contractor.

 

7. To give full effect to the guarantee herein contained, you shall be entitled to act against us as if we were your principal debtors in respect of all your claims against the said Contractor hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights, available to us under Indian Contract Act or any other law for the time being in force.

 

8. Subject to the maximum limit of our liability as aforesaid, this guarantee will cover all your claim or claims against the said Contractor from time to time arising out of or in relation to the said Contract and in respect of which your claim in writing is lodged on us before expiry of six months from the date of expiry of this guarantee.

 

9. Any notice by way of demand or otherwise hereunder may be sent by registered post or personally delivered to our local office address.

 

10. This guarantee is in addition to and not by way of substitution for any other guarantee or guarantees heretofore given to you by us (whether jointly with others or alone) and now existing and uncancelled and that this guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.

 

11. This guarantee shall be a continuing guarantee and shall not be affected by any change in the constitution of the said Contractor or us, nor shall it be affected by any change in your constitution or by any amalgamation or absorption thereof or therewith but will continue to be available to the benefit of and enforceable by the absorbing or amalgamated company or concern.

 

12. This guarantee shall come into force on your making the said advance payment to the said Contractor and shall not be revoked by us whether before its coming into force or any time during its currency without your previous consent in writing.

 

13. We declare, agree and undertake to pay the amount demanded by you in writing under this guarantee within a period of seven days from the receipt of the letter demanding the payment, irrespective of any dispute or controversy between you and the said Contractor.

 

14. We further declare and agree that all compositions and payments that may be received by you from the said Contractor or any person, firm or company whomsoever for on account of the said Contractor in any way in respect of the said contract shall be regarded as payments in gross and you will be entitled to proceed against the properties and assets of the said Contractor, should the said Contractor be wound up or dissolved or declared insolvent in respect of the whole of the said Contractor’s indebtedness to you without any right on our part to stand in your place in respect of or to claim the benefit of such composition or payment or any security that may be held by you until you shall have received the full amount of your claims against the said Contractor.

 

15. This guarantee shall not in any way be affected by your taking or varying or giving up any securities or guarantees from the said Contractor or any other person, firm or company on its behalf or by the winding up, dissolution, insolvency or death as the case may be of the said Contractor.

 

16. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to Rs …………….. (Rupees …………….only) and this guarantee shall remain in full force until……………. unless a written claim is lodged

on us for payment under this guarantee before…………….all your rights under this guarantee shall be forfeited and we shall be deemed to have been released and discharged from all liabilities thereunder irrespective of whether or not the original guarantee is returned to us.

 

Signed and delivered for and on behalf of above named Bank

For & on behalf of (Banker’s Name)

Branch Manager (Banker’s Seal)

Address …………………………..

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