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Advance Payment Guarantee Bond
"I need an Advance Payment Guarantee Bond under Austrian law for a construction project worth €5 million, where my company (Austrian Builder GmbH) requires a 20% advance payment guarantee from our Chinese supplier, with the guarantee to be issued by Deutsche Bank AG and valid until March 15, 2025."
1. Guarantee Details: Specifies the guarantee amount, reference number, and date of issuance
2. Parties: Identifies the Guarantor (bank/financial institution), the Principal (contractor/supplier), and the Beneficiary (buyer/employer)
3. Underlying Transaction: References the main contract or transaction for which the advance payment is being made
4. Guarantee Amount and Currency: States the specific amount and currency of the advance payment guarantee
5. Validity Period: Specifies the effective date and expiry date of the guarantee
6. Payment Conditions: Details the conditions under which the guarantee can be called and payment requirements
7. Form of Demand: Specifies how the beneficiary must make a claim under the guarantee
8. Reduction Clause: Explains how the guarantee amount reduces as the advance payment is repaid/amortized
9. Governing Law and Jurisdiction: Confirms Austrian law as governing law and specifies jurisdiction for disputes
1. Assignment Clause: Include when the guarantee needs to be transferable or assignable
2. Language Clause: Include when the guarantee may be used internationally to specify the prevailing language
3. Force Majeure: Include when specific force majeure provisions are required beyond standard Austrian law
4. URDG 758 Incorporation: Include when the guarantee should explicitly follow ICC Uniform Rules for Demand Guarantees
5. Anti-Money Laundering Compliance: Include when dealing with international transactions or high-risk jurisdictions
6. Electronic Presentation: Include when allowing for electronic submission of demands and documents
1. Form of Demand: Template for making a valid demand under the guarantee
2. Reduction Schedule: Schedule showing the progressive reduction of the guarantee amount over time
3. Underlying Contract Extract: Relevant excerpts from the main contract referring to the advance payment
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Advance Payment Recovery Period
Authorized Representative
Banking Day
Beneficiary
Demand
Effective Date
Expiry Date
Guarantee Amount
Guarantor
Maximum Guarantee Amount
Principal
Principal Contract
Project
Reduction Schedule
Valid Demand
Written Demand
Underlying Transaction
Guaranteed Obligations
Force Majeure Event
Business Day
Governing Law
Guarantee Period
Payment Currency
Supporting Documents
Contract Price
Completion Certificate
Notice of Reduction
Claim Notice
Bank Account Details
Payment Obligations
Demand Requirements
Reduction
Expiry
Assignment
Jurisdiction
Notices
Force Majeure
Amendment
Severability
Waiver
Currency
Documentation
Governing Law
Transfer
Validity
Claim Procedure
Bank Obligations
Dispute Resolution
Enforcement
Language
Representations
Communications
Release
Compliance
Construction
Manufacturing
International Trade
Infrastructure Development
Energy
Defense
Telecommunications
Engineering Services
Industrial Equipment
Public Sector Projects
Legal
Finance
Procurement
Commercial
Risk Management
Treasury
Operations
Project Management
Contract Administration
International Trade
Contract Manager
Procurement Manager
Project Director
Financial Controller
Treasury Manager
Legal Counsel
Risk Manager
Commercial Director
Chief Financial Officer
Banking Relationship Manager
Project Finance Manager
Operations Director
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