【中国银行】信用证开立申请书

时间:2024.3.19

AGREEMENT AND INDEMNITY

In consideration of your issuing an irrevocable Documentary Credit (hereinafter referred to as the ‘Credit’), in accordance with my/our instructions which appear on the reverse hereof, I/we hereby agree and undertake, as follows:

1         The application and the relative credit shall be subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No.600 and any modification thereof for the time being in force.

2         To pay (or accept on presentation and pay at maturity) to you against all drafts and/or documents purporting to be presented under the Credit.

3         To indemnify you against all losses, costs, damages, claims, demands, actions, suits, proceedings, charges and expenses whatsoever which you may incur or sustain by reason of your issuance of the Credit and to provide you with sufficient funds on demand with which to meet all payments made by you and/or your correspondents together with interest, commission, disbursements and expenses of whatsoever nature due to or incurred or defrayed by you and/or your correspondents in relation to the Credit. This indemnity shall bind my/our personal representative(s) and person(s) deriving title under me/us/our successors and permitted assigns.

4         You are authorised to debit any of my/our accounts with you for all monies so paid or which you may become liable to pay under the Credit whether or not prior to receipt by you of advice of payment or, at your discretion, at any time thereafter and I/we confirm that you shall not be under any obligation to notify us of such debit either before or after the same is made.

5         To hold you and/or your correspondents harmless and free from any responsibilities, whatsoever for errors, delays, omissions or inaccuracies that may happen in the transmission or interpretation of instructions or for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s)submitted if apparently in order, or for the loss or delay in forwarding the documents or for the loss or late or non-arrival of part or all of the said documents.

6         To hold you and/or your correspondents harmless and free from any responsibilities for any loss or damages to merchandise shipped whether during its transit by sea, land, air or otherwise or after its arrival or by reason of the non-insurance or insufficient insurance  thereof or for the stoppage, deviation or detention thereof by the shipper, or any party whatsoever, for any deficiency or defect in quality,quantity, weight, or value thereof represented by such documents.

7         To procure promptly any Permit or License required or deemed to be required by you for the import, export or shipping of any and all properly shipped under or pursuant to or in connection with the Credit or for the remittance, transfer and payment of the proceeds of such property and to comply with any and all foreign and domestic government regulations in regard to the import, export or shipment of any and all such property or the financing thereof, and to furnish the Permits, Licenses and like documents in that respect as you may at any time require, authorising and indemnifying you and your correspondents to comply with, fulfil and perform any and all conditions and requirements prescribed by foreign and domestic laws and regulations governing or deemed by you and/or your correspondents to be applicable to such matters.

8         Where the Credit calls for the insurance to be effected by the applicant, or any party whatsoever, to keep the property covered by insurance in the joint names of yourselves and myself/ourselves or to transfer or assign the Insurance Policy or Certificate to you in the manner satisfactory to you.

9         To admit and recognise that the title to all property which shall be purchased and/or shipped under the Credit, the documents relating thereto and the whole of the proceeds thereof, shall be and remain in you until the payment and discharge of any and all other indebtedness and liability, now existing or now or hereafter created or incurred by me/us due or not due, it being understood and hereby confirmed by me/us that the said property, including securities, choses in action and deposit balances which may now or hereafter be in your and/or your branches, correspondents, possession or otherwise subject to your control shall be deemed to be collateral security for the payment of the said drafts and the discharge of any and all my/our liabilities and obligations herein referred to.

10      Upon default by me/us, to pay (or accept on presentation and pay at maturity) the said drafts on the due dates or upon default by me/us in the discharge of my/our liabilities, obligations and undertakings set forth herein or in the event that you should deem it necessary for your protection, you are at liberty to dispose of the property mentioned above, in whole or in part by public or private sale at your discretion without notice to me/us and after deducting all expenses to reimburse or indemnify yourselves out of the proceeds. In the event of any deficiency I/we will pay the same to you immediately and/or in the event that such property should suffer any decline in value, I/we will upon demand deliver to you additional collateral to your satisfaction.

11      To settle exchange on the said drafts or other monies drawn under the Credit with you and to comply with all governmental and/or bank association rules, regulations and tariffs in respect of exchange control and monetary transfers.

12      To accept as sufficient presentation, delivery and service of all drafts, documents notices and other communications when such drafts, documents, notices and other communications have been despatched by you to my/our address by post, messenger or such other means as you deem appropriate.

13      To admit and regard all the promises, agreements and undertakings contained herein as binding notwithstanding any extension, renewal, renovation or modifications of any kind in the terms of the Credit which you may have caused to be done at my/our request. In the event of this Application and Agreement being signed by two or more, whether as partners or in the name of the firm or in any other capacity, each and all such party shall be deemed JOINTLY and SEVERALLY liable thereunder, notwithstanding any change of partners in the firm whether arising from death or retirement of one or more partners or the accession of one or more new partners, this Agreement shall remain valid and enforceable.

14      That the delivery of the documents of title to the goods with or without the drafts by the Bank to me/us against a Trust Receipt or other form of security affecting the merchandise contained therein or without security as the case may be, shall not release me/us from my/our undertakings and obligations under these conditions that you may enforce independently of or in conjunction with the rights conferred on you by the security given.

15      To place with you a marginal deposit satisfactory to you as marginal security and to furnish you with additional security on demand. If a satisfactory marginal deposit has not been made against the Credit, you are at liberty to earmark or charge my/our account at your absolute discretion with all monies so paid or for which you are liable under the Credit. It is agreed and understood that I/we shall not be entitled to claim the refund or the release of the funds earmarked in my/our account until and unless the said drafts drawn under the Credit and all other monies that may be due to you shall have been paid in full and any other indebtedness by me/us to you in respect of any other account dealing or transaction between us has been settled.

16      To undertake to sign, execute and deliver any transfers, deeds or documents that you may require me/us to sign, execute and deliver for perfecting your title to the goods and the said documents and/or for vesting the same to any purchaser(s) from you.

17      A statement by your officer as to the sums owing by us to you under this indemnity shall be conclusive evidence both as to the extent and fact of my/our liability to you.

18      This indemnity shall remain and continue to remain enforceable valid and binding on me/us until all monies and liabilities owing to you have been fully paid satisfied or discharged.

19      You may at your discretion and without giving notice to me/us convert into Singapore dollars equivalent all drafts and/or documents negotiated under the Credit at the prevailing rate of exchange at any time after knowledge that such claims have been effected by the nominated bank or after the receipt of relative drafts and/or documents.

GUARANTEE

In consideration of your issuing the Credit appearing on the reverse hereof, I/We hereby jointly and severally guarantee the fulfilment of the promises, agreements and undertakings contained herein, including extensions, renewals, renovations and/or modifications, and in any event of default, promise to make good and pay on demand any loss or damage suffered by you, waiving hereby expressly any defence that may be interposed to any claim or action thereon or hereon, especially also as to the order in which you shall choose to reimburse yourselves. A statement by your officer shall be conclusive evidence of our liability to pay.

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