Advance Payment Guarantee Bond Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Advance Payment Guarantee Bond is essential in commercial transactions where significant advance payments are required before work or delivery begins. This document, governed by Austrian law, provides security to the party making the advance payment (typically a buyer or employer) by ensuring that a bank or financial institution will repay the advanced amount if the contractor/supplier fails to fulfill their obligations. The guarantee typically covers a percentage of the contract value paid in advance and includes provisions for gradual reduction as the contract progresses. It's particularly crucial in large-scale projects, international trade, and construction contracts where substantial upfront payments are common. The document must comply with Austrian banking regulations and civil code requirements, particularly regarding guarantee obligations and payment conditions.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Construction

Manufacturing

International Trade

Infrastructure Development

Energy

Defense

Telecommunications

Engineering Services

Industrial Equipment

Public Sector Projects

Relevant Teams

Legal

Finance

Procurement

Commercial

Risk Management

Treasury

Operations

Project Management

Contract Administration

International Trade

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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