c4perfguarantee_en.doc

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  • 8/19/2019 c4perfguarantee_en.doc

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     ANNEX V: MODEL PERFORMANCE GUARANTEE

    For the attention of 

    referred to below as the “Contracting Authority”

    Subect! "uarantee #o$

    %erformance "uarantee for the full and proper e&ecution of contract

    'please (uote number and title in all correspondence)

    *e the undersigned+ + hereby irre,ocably declare that

    we guarantee as primary obligor+ and not merely as a surety on behalf of + hereinafter referred to as “the Contractor”+ payment to the Contracting Authority of 

    + representing the performance guarantee mentioned inArticle .. of the Special Conditions of the contract concluded between

    the Contractor and the Contracting Authority+ hereinafter referred to as “the Contract”/

    %ayment shall be made without obection or legal proceedings of any 0ind+ upon receipt of your 

    first written claim 'sent by registered letter with confirmation of receipt) stating that the Contractor 

    has failed to perform his contractual obligations fully and properly or that the Contract has been

    terminated for any reason whatsoe,er/ *e shall not delay the payment+ nor shall we oppose it for 

    any reason whatsoe,er/ *e shall inform you in writing as soon as payment has been made/

    *e accept notably that no amendment to the terms of the Contract can release us from our 

    obligation under this guarantee/ *e wai,e the right to be informed of any change+ addition or 

    amendment to the Contract/

    *e note that the guarantee will be released within 12 days of the issue of the final acceptance

    certificate 'e&cept for such part as may be specified in the Special Conditions in respect of after 

    sales ser,ice)/ 3and in any case at the latest on 'at the e&piry of .4 months after the implementation

     period of the Contract)5./

    The law applicable to this guarantee shall be that of / Any dispute arising out of or 

    in connection with this guarantee shall be referred to the courts of

    This guarantee shall enter into force and ta0e effect upon its signature/

     #ame! $$$$$$$$$$$ %osition! $$$$$$$

    7 Signature! $$$$$// 8ate!

    1 This mention has to be inserted only where the law applicable to the guarantee imposes a precise e&piry

    date

    2 The name's) and position's) of the persons signing on behalf of the guarantor must be shown in printedcharacters/

    799: