附件5国外保函标准文本TENDER GUARANTEE （投标保函）GUARANTEE NO.DATE OF ISSUE：PRINCIPAL：（NAME AND ADDRESS）BENEFICIARY：（NAME AND ADDRESS）GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS:WE (GUARANTOR)HAVE BEEN INFORMED THAT ，（HEREINAFTERREFERRED TO AS “THE PRINCIPAL“），RESPONDING TO YOUR INVITATION TO TENDER NO.DATED ON FOR THE SUPPLY OF （请填写货物或服务描述）,HAS SUBMITTED TO YOU HIS OFFER NO. DATED .FURTHER MORE, WE UNDERSTAND THAT, ACCORDING TO YOUR CONDITIONS, OFFERS MUST BESUPPORTED BY A TENDER GUARANTEE.AT THE REQUEST OF THE PRINCIPAL,WE HEREBY IRREVOCABLY UNDERTAKE TO PAY YOU AN AMOUNTNOT EXCEEDING IN TOTAL OF (SAY: )AFTER RECEIPT BY US OFYOUR FIRST DEMAND IN WRITING STATING:1)THE NUMBER AND DATE OF OUR GUARANTEE UNDER WHICH YOUR CLAIM IS MADE ;AND2)THE AMOUNT YOU CLAIM ;AND3)THAT THE PRINCIPAL IS IN BREACH OF HIS OBLIGATION(S) UNDER THE TENDER CONDITIONS;AND4)THE RESPECT IN WHICH THE PRINCIPAL IS IN BREACH;AND5)THAT YOU HAVE FULFILLED YOUR OBLIGATION（S）IN ACCORDANCE WITH THE CONTRACT ANDTHUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THEBENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED ANDPRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITINGMUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THISEFFECT THROUGH AUTHENTICATED SWIFT(OR TESTED TELEX) MESSAGE TO US.THIS GUARANTEE SHALL EXPIRE ON AT THE LATEST.ANY DEMAND FOR PAYMENTAND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVED BY US ON OR BEFORE THATDATE AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THE ORIGINAL GUARANTEETO US. BUT THIS GUARANTEE WILL BECOME NULL AND VOID UPON EXPIRY WHETHER THE ORIGINALGUARANTEE IS RETURNED TO US OR NOT.THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USEDAS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.MULTIPLE DRAWINGS ARE NOT ALLOWED.THIS GUARANTEE IS SUBJECT TO .(请填写适用的法律，应适用中国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以不写。

如果写的话，应填写中国城市)ADVANCE PAYMENT GUARANTEE （预付款退款保函）GUARANTEE NO.DATE OF ISSUE：PRINCIPAL：（NAME AND ADDRESS）BENEFICIARY：（NAME AND ADDRESS）GUARANTOR:CHINA CONSTRUCTION BANK CORPORATION BRANCH GUARANTOR ADDRESS:WE (THE GUARANTOR) HAVE BEEN INFORMED THAT ,(HEREINAFTERCALLED “THE PRINCIPAL”),HAS ENTERED INTO CONTRACT NO. DATEDWITH YOU FOR THE SUPPLY OF (请填写货物或服务描述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（S）IN ACCORDANCE WITH THE CONTRACT ANDTHUS THE PRINCIPAL CAN NEITHER ASCRIBE THE BREACH OF HIS OWN OBLIGATIONS TO THEBENEFICIARY NOR EXEMPT HIMSELF FROM THE OBLIGATIONS THEREOF.FOR THE PURPOSE OF IDENTIFICATION YOUR WRITTEN STATEMENT MUST BE DULY SIGNED ANDPRESENTED THROUGH YOUR LOCAL BANK AND YOUR SIGNATURE(S) ON THE DEMAND IN WRITINGMUST BE VERIFIED AND AUTHENTICATED BY THE PRESENTING BANK WHICH MUST CONFIRM TO THISEFFECT THROUGH AUTHENTICATED SWIFT( OR TESTED TELEX) MESSAGE TO US.THIS LETTER OF GUARANTEE SHALL BECOME EFFECTIVE AS FROM THE DATE WHEN THE PRINCIPALIS IN RECEIPT FROM THE BENEFICIARY OF THE ADVANCE PAYMENT REFERRED TO ABOVE ON HISACCOUNT NO. WITH US.THE GUARANTEE AMOUNT SHALL BE AUTOMATICALLY REDUCED BY PERCENT OF THE INVOICEVALUE OF EACH SHIPMENT UPON EACH SHIPMENT OF THE GOODS.THE SHIPMENT OF THE GOODSIS EVIDENCED BY PRESENTATION TO US BY THE PRINCIPAL OF COPI(ES) OF THE CORRESPONDINGINVOICE AND THE BILL OF LADING WHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THATOUR LIABILITY UNDER THIS GUARANTEE HAS BEEN REDUCED. ( 贸易项下分批出货的预付款保函担保总金额通常根据出运发票金额乘以预付款比例递减。

预付款比例等于预付款金额除以合同总金额。

如为一次性出货则应删除本款。

)THIS GUARANTEE SHALL EXPIRE ON OR UPON SHIPMENT OF THE GOODSWHICHEVER IS EARLIER. THE SHIPMENT OF THE GOODS IS EVIDENCED BY PRESENTATION BY THEPRINCIPAL TO US OF COPY(IES) OF THE CORRESPONDING INVOICE AND THE BILL OF LADINGWHICH SHALL BE ACCEPTED AS CONCLUSIVE EVIDENCE THAT OUR GUARANTEE HAS EXPIRED.ANY DEMAND FOR PAYMENT AND DOCUMENTS REQUIRED UNDER THIS GUARANTEE MUST BE RECEIVEDBY US BEFORE ITS EXPIRY AT OUR ADDRESS STATED ABOVE.UPON EXPIRY, PLEASE RETURN THEORIGINAL GUARANTEE TO US. BUT THIS GUARANTEE WILL BECOME NULL AND VOID UPON EXPIRYWHETHER THE ORIGINAL GUARANTEE IS RETURNED TO US OR NOT.THIS GUARANTEE IS NOT NEGOTIABLE OR TRANSFERABLE OR ASSIGNABLE NOR CAN IT BE USEDAS COLLATERAL WITHOUT THE WRITTEN PERMISSION OF THE GUARANTOR.MULTIPLE DRAWINGS ARE NOT ALLOWED.THIS GUARANTEE IS SUBJECT TO .(请填写适用的法律，应适用中国法或国际惯例)THE PLACE OF JURISDICTION IS .(本条款为司法管辖条款，可以不写，则整条删除。