PROVIDER’S CODE:Date:xx th Oct2011This DEED OFAGREEMENT(DOA)is made and entered into on…………..of…………….in2011between the parties described belowThe Provider:Address:Represented by:Nationality:Passport Number:Email address:Mobile No.:(Hereinafter to the'Provider'on one part)(以下称“Provider”)AndThe Lessee:Address:Represented by:Nationality:Passport Number:Email address:Mobile number:(Hereinafter to the'Lessee'on the other part)WHEREAS,the Parties,aware of their respective obligations hereto mentioned have entered into this Agreement,obligate and bind themselves legally under warranty and manifest with full personal and legal responsibilities that they are capable and financially stable to enter into this agreement and discharge their obligations with commitment to deliver performance in accordance with the terms and conditions herein obtained in this agreement.The Lessee desires to lease SBLC from the Provider.Lessee confirms with full corporate and legal responsibility that funds available to fulfill the requirements for the lease of this instrument is ready and Lessee further confirm to cooperate with the Provider.WHEREAS.The Provider desires to lease,transfer and assign all rights title and interest of the BG available to it to the Lessee.Provider represents and warrants that it has the ability and resource to arrange through associates,contracts and sources,with full corporate responsibility,PROVIDER’S CODE:financial instrument in the term of assignments to be provided to Lessee.Provider hereby declares under penalty of perjury that the SBLC will be backed by funds that are good,clean,clear,and free of non criminal origin,the SBLC will be free and clear of all liens,encumbrances and third party interests.NOW THEREFORE,the Lessee has agreed to lease the SBLC at8%of Face Value for the instrument requested and Provider has agreed to issue for lease and both Parties hereby agree to the following:Description of Instrument单据描述1.Instrument:Cash backed Stand By Letter of Credit SBLC(Annex A)单据类型以现金为抵押的备用信用证SBLC(附件A)Currency:EUR币种欧元3.Age of Issue:Fresh Cut已开年限4.Term:One year and One day有效期限一年零一天5.Face Value:10Million min to50B面额1000万至500亿6.Issuing Bank7.Lease Fee:Eight percent(8%)of Face Value费用8%mission:Two(15%)of Face Value佣金15%9.Delivery Term:By SWIFT MT760信用证指令SIWFT MT76010.Payment Term:By ICBPO via MT799(Annex B)11.Hard Copy:By Bank Bonded Courier SBLC正本银行传输渠道电子打印版本由银行TRANSATION PROCEDURE交易手续:1.Lessee signs and submits the Agreement(DOA)with full banking details along withCIS,Certificate of Incorporation,Board Resolution,Signatory passport copy andIFPA to Provider.PROVIDER’S CODE:租证方签署本协议并附上全部银行信息提交给Provider,同时应一并提交CIS (客户信息表)、公司营业执照、董事会决议和签名护照复印件。
2.Provider countersigns the Agreement and returns it to the Lessee along withProvider’s full banking information,Certificate of Incorporation,Signatory passport copy,which makes the Agreement become a full commercial recourse and legalcontract binding on the parties and both parties lodge the contract with respective bank开证方在确认接证方又能力接证后会签回该文档并附上开证的银行资料公司执照以及签署者的护照信息。
当双方都签署了该协议后,该协议将具有法律约束,具有完整的商业追索合约。
同时该协议会转给银行作为存底。
3.Within3banking days upon receipt of the countersigned DOA,the Lessee shallinstruct his bank to issues a ICBPO(Annex B)by MT799to the Provider’sdesignated bank account for leasing fee of8%of face value of bank instrument of First tranche在收到经会签的本协议的三个银行工作日内,租证方指示其银行开出MT799格式的ICBPO(附件B),用以面额8%的首笔配款租金。
4.Within3banking days after receipt and verification of the ICBPO,Provider willinstruct his issuing bank to issue and deliver the Bank Instrument(Annex A)bySWIFT MT760in favor of the Lessee or his designated party to Lessee’s receiving bank for verification and Authentication.经确认收到ICBPO后的三个银行工作日内,Provider应指示其开证行开出并邮寄以租证方或租证方指定的某一方为受益人的SWIFT MT760备用信用证给租方接证行,供验证并确认。
5.Within5banking days upon receipt,verification&authentication and validation ofMT760Bank Instrument on bank to bank basis,Lessee bank will effect full payment 8%leasing fee to Provider’s designated bank account by Swift wire as per ICBPO and pays2%commission into respective paymaster as per FPA.在收到了MT760的5个银行工作日后依据有关协议付款。
6.Within7banking days after receipt of payment of the leasing fees and commission,the Provider bank will deliver the hard copy of the Bank instrument to the Lessee's bank by bank bonded courier.在收到有关款项的7个工作日内,银行用银行快递将SBLC正本送到接证方银行。
7.Should Lessee fails to pay the8%leasing fees and2%commission within allowedtime stipulated in the Agreement after confirmation of SBLC MT760in Lessee’sPROVIDER’S CODE:bank account,Provider will instruct the issuing bank to put a claim on the BankInstrument thereby forcing the Lessee's bank to return the Bank Instrument MT760to the issuing Bank.如果有关费用,开证方会授权起银行将该SBLC撤销。