TENDER
FOR
PROVISION OF ENGINEERING SERVICES
IN
BLOCK [place]
Date: [ ]
TENDER NO.[ ]
Table of Contents
INVITATION TO BID
ACKNOWLEDGEMENT OF BID INVITATION:
INSTRUCTIONS TO BIDDER
ATTACHMENT 1 PROPOSAL FORM
ATTACHMENT 2 FORM OF BIDDER’S EXCEPTIONS
ATTACHMENT 3 FORM OF BID BOND
ATTACHMENT 4 FORM OF PERFORMANCE GUARANTEE
INVITATION TO BID
FOR PROVISION OF RIG SERVICES
TENDER NO. [ ]
Dear Sirs,
[Company’s name] is hereby pleased to invite your company to submit a sealed bid proposal for PROVISION OF RIG SERVICES. Your proposal shall be strictly in accordance with the attached Instructions to Bidder (ITB) documents.
The Tender shall be governed by the Instructions to Bidder and the Terms and Conditions as set out in the Contract Form.
Before you submit your bid proposal, please read and understand clearly the content of all the Bid Documents which include the following:
· INVITATION TO BID
· ACKNOWLEDGEMENT OF BID INVITATION
· INSTRUCTIONS TO BIDDER
· PROPOSAL FORM ATTACHMENT 1
· FORM OF EXCEPTIONS ATTACHMENT 2
· FORM OF BID BOND ATTACHMENT 3
· FORM OF PERFORMANCE GUARANTEE ATTACHMENT 4
· CONTRACT FORM (Including its EXHIBITS)
All costs incurred in preparing and submitting your bid proposal including presentations and site visits if required shall be solely at your own expense and will not be reimbursed by [company’s name] under any circumstances.
Furthermore, [company’s name] shall not be responsible for any loss and/or delay in delivering your proposals. [Company’s name] reserves the right to reject any or all bidders or select bidder(s) of its choice without assigning any reasons.
Your sealed bid proposal should be sent either by hand or courier to the address specified below no later than [the Bid Closing Time & Date] to: [company’s address]
Late bids will be rejected.
You are hereby forewarned to follow strictly all the instructions given in Instructions to bidder in the completion, packaging and submission of your Bid Proposal, otherwise your Bid proposal will be considered invalid and therefore rejected even if submitted in time.
Please acknowledge receipt by advising [company’s name] via fax of your interest to participate within [number] days upon receipt of this invitation. Form attached in the Bid Documents for acknowledgement of the INVITATION is advised.
Best Regards
Name: ___________________
Position: __________________
[Company’s name]
By Fax: [bidder’s fax No.]
To: [company’s number]
Fax:
Attention:
ACKNOWLEDGEMENT OF BID INVITATION
TENDER NO. :
TENDER TITLE: Provision of Services
1. Receipt of the Invitation to BID for the above mentioned Tender is acknowledged. We agree to treat the contents of the Bid Documents and our proposal as confidential within our organization, and we will not disclose any aspect of the Bid Documents or our proposal to any third party.
We will advise you by fax [Bidder’s fax No.] – attention [fax receiver] or by telephone [number] when our proposal has been sent to us. We accept full responsibility for ensuring that our bid will be delivered to you in your office by the specified closing time with the understanding that if it is not, our proposal may not be considered.
Our representative in connection with the BID is: [ ], whose address and E-mail are as follows: [ ]
2. We shall not submit a tender and therefore return the complete Invitation to Bid as requested.
(Tender shall delete item 1 or 2 as applicable).
Signature : -----------------------------------------------------
Name : -----------------------------------------------------
Company : -----------------------------------------------------
Date : -----------------------------------------------------
INSTRUCTIONS TO BIDDER
TENDER NO. : [number]
PROVISION OF RIG SERVICES
TABLEOFCONTENT
Prior to preparing the Bid, each Bidder shall carefully review the INSTRUCTIONS TO BIDDER, the enclosed Contract and all EXHIBITS to the Contract.
1 INTRODUCTION
1.1. [company’s name] (hereinafter referred to as “Company”) requires rig services for its drilling operation, at BLOCK [the block’s name] as specified in this Bid Documents.
The scope of work (now referred to as "Work") and details on requirements are specified in the CONTRACTFORM and its EXHIBITS. Please study these carefully.
1.2. Bidder is urged to comply strictly with each and every one of the items stipulated therein. Bidder must review this Bid Document carefully and ensure that they can supply all the necessary items, infrastructure and personnel to fully support the operations and achieve the given objectives of the scope of Work.
Nothing shall be deemed to change or supplement the Bid Documents except revisions to the Bid Documents issued to all Bidders in writing by Company as NOTICE(s) to Bidders. If Bidder wishes to present alternatives, Bidder may do so only after confirmed in writing by Company.
1.3. In order for Company to fully assess the relative merits of each proposal, Bidder is requested to furnish Company with relevant and complete information as set forth in the Bid documents. Bidders must submit their proposals strictly in accordance with the terms of the Bid Documents which consist of the following :
- INSTRUCTIONS TO BIDDER
-PROPOSAL FORM ATTACHMENT 1
- FORM OF EXCEPTIONS ATTACHMENT 2
-FORM OF BID BOND ATTACHMENT 3
- FORM OF PERFORMANCE GUARANTEE ATTACHMENT 4
-CONTRACT FORM (Including its EXHIBITS)
1.4. Company will not accept and will disqualify any Bidder who submits more than one proposal. However, proposal made jointly by two or more Bidders on a unit basis, in which case the united Bidders shall be deemed as one Bidder, shall be accepted and encouraged.
1.5. Any query concerning preparation of Bid proposal is to be directed in writing to the address given inthe Invitation to Bid. All relevant questions, along with Company's reply, will be sent to all Bidders.
1.6. Each Bid proposal must be signed and certified by an officer duly authorized by Bidder.
1.7. Bid proposal shall be binding for a period of [number] calendar days from the Bid Closing Date.
1.8. Any amendments appearing in the Bid proposal must be signed or initialed by the Bidder's authorized officer.
1.9. Bidder is encouraged to consider maximizing local [country’s name] resources and facilities in the execution of the Work in Bidder's proposal.
2 INTENTION TO BID
2.1. Bidder is requested to check the Bid Documents upon receipt and to advise Company if there is any omission or pages missing.
2.2. Bidder is advised to confirm within [number] days upon receipt of Bid Documents the followings (see the attached sample ACKNOWLEDGEMENT OF BID INVITATION):
- Bidder’s intention to submit proposal
- Address and name of representative to whom Company shall address all Communications.
2.3. Bidder is required to confirm Bidder's understanding of the Bid Documents and agreement to Bid by executing the PROPOSAL FORM as per ATTACHMENT 1, to be submitted together with the proposal. The PROPOSAL FORM must be signed by an officer duly authorized by Bidder without any changes to the form.
2.4. Should Bidder decline to submit a proposal, Bidder shall state in writing the reason(s) for declining to submit a proposal Bidder is requested in this case to promptly return all Bid Documents to Company not later than the Bid Closing Date.
3 PRICEQUOTATIONS
3.1. All rates proposed by Bidder shall be quoted in US Dollars (USD) and shall be firmed throughout the duration of the Contract in accordance with the relevant clauseof the CONTRACT FORM.
Company will not make any type of advance payment for the start-up or performance of the work hereunder, and will consequently reject any option proposing the same.
3.2. Price quoted shall prevail throughout the duration of this Contract and shall not be subject to revision by reason of cost escalation or currency fluctuation.
3.3. EXHIBIT V- “COMPENSATION” must be entirely completed by Bidder as required. Every page of this EXHIBIT must be properly initialed by Bidder's authorized officer.
3.4. Payments under the terms of this Contract shall be in accordance withthe relevant Clauses of the CONTRACT FORM.
4 CONTRACTEXCEPTIONS
4.1. If Bidder has any changes that are considered of mutual benefit or if there are any exceptions to the terms and conditions of the CONTRACT FORM or any other part of this document, Bidder must state the changes or exceptions proposed by using the format in ATTACHMENT 2 and giving specific reasons thereof. Bidder must indicate clearly the specific reasons thereof. Bidder must indicate clearly the effect, if any, these changes or exceptions may have on Bidder's price quotation and work schedule if the change or exceptions were to be accepted by Company. Company will review each change or exception on a case-by-case basis, but in no event shall Bidder's base quotation be qualified by any such change or exception nor will Company be obligated to accept any such change or exception. In any event, Company reserves the right to accept or reject any or all of the proposed changes or exceptions.
4.2. Any change(s) or exception(s) to the Contractexpressed after the closing date of the Bid shall not be entertained.
4.3. If Bidder cannot accept Company's wording at any price, and is willing to risk having its Bid proposal rejected on this basis, then Bidder must make the following statement as following:
“FIRM - will not accept Company’s wording at any price”
4.4. Bidder shall quote the firm amount (lump sum and/or unit rate) by which the Contract Price will be adjusted (either up or down) in the EXHIBIT V should Bidder's proposed changes or exception(s) be accepted by Company.
5 BANK GUARANTEE / PERFORMANCE GUARANTEE
5.1. Bidder's attention is drawn to the CONTRACTFORM whereby the successful Bidder is required to provide an irrevocable and unconditional first call BANKGUARANTEE issued by International or local [country’s name] commercial banks acceptable to Company to guarantee performance of Contractor's obligation under the Contract. The format of the BANKGUARANTEE shall be as provided in ATTACHMENT 4.
5.2. In the case where Bidders are only agents representing a principal company, Company shall, in addition to the above, have the right to require the Bidder to furnish Company with a PERFORMANCEGUARANTEE issued by its principal, or parent company. Such PERFORMANCEGUARANTEE shall be in the format as set out in ATTACHMENT 4. Company shall notify the successful Bidder of its requirement, if any, in this regard prior to award of Contract.
5.3. Bidder is required to submit a Bid Bond to Company by way of an irrevocable and unconditional first call Bank Guarantee issued by a reputable commercial international bank that has a AA rating from Standard and Poor or at least an AA3 rating of its long term debt and acceptable to Company. The original Bid Bond shall be attached to the Technical Proposal.
The amount of Bid Bond for Bidder’s proposal shall be USD [number] (United States Dollars [ ] only). A copy of the Bid Bond shall be attached to the Commercial Proposal.
The Bid Bond shall be effective for the period of validity of the Bid which is [number] days starting from the CLOSING DATE of the Bid and shall be in the format as specified in the Form of Bid Bond, ATTACHMENT 3.
5.4. Bid Bond will be returned free of interest to unsuccessful Bidders and to the successful Bidder upon signing of the Contract by Bidder and after receipt and acceptance by Company of the Bank Guarantee and/or Performance Guarantee, as the case may be, for the Contract.
In the event that the Bidder withdraws its proposal or, having been awarded the Contract, Bidder refuses to execute the Contract or fails to provide the Performance Guarantee in the form set out in the Bid Documents within the Bid validity period, and then the said Bid Bond will be forfeited, without recourse, to Company.
6 TAXESANDDUTIES
6.1. Bidder is responsible to seek clarification through their tax advisor on the applicability of those provisions prior to submitting the proposal.
6.2 Bidder shall ensure that Bidder satisfies all the requirements in the CONTRACT FORM for importation of Contractor Equipment. If equipment is to be imported by land, Bidder shall be required to do so under bond. Bidder is advised to consult the [country’s name] Customs authorities at the Point(s) of Entry or Company relevant department for advice pertaining to the importation of or on any matters related thereto.
6.3 Bidder shall ensure that all applicable taxes (including withholding taxes) and duties are incorporated in the proposal.
6.4 In the absence of the above assurance, Company is entitled to withhold the required percentage from all payments due to Bidder’s company for services falling within the withholding tax provisions of the Act. Company is then entitled to pay the amount withheld to the Taxation Authority within [number] month(s) of the date of paying or crediting such payments.
7 PROPOSAL FORMAT
The proposal shall be submitted in two (2) separate sealed packages i.e. "COMMERCIAL PROPOSAL" and "TECHNICAL PROPOSAL" and shall be in accordance with the format below. Bidder must ensure that the “TECHNICAL PROPOSAL" does not contain any pricing or cost. Failure to comply with these instructions may render Bidder's proposal invalid.
7.1 TECHNICAL PROPOSAL PACKAGE
Technical Proposal Package shall include but is not limited to the following:
Section (T1) Covering Letter
(a) Bidder shall list the contents of Bidder's proposal and qualify any special additions not specifically requested for.
(b) Bidder shall state whether the Contractor, if awarded CONTRACT, will actually perform the services or that major parts of the Work will be performed by an affiliated Company, associate, subsidiary, or others.
Section (T2) PROPOSAL FORM (ATTACHMENT 1)
Section (T3) ENGINEERING REQUIREMENT (EXHIBIT II)
Bidder shall provide a detailed resume for each employee and work schedule proposed for assignment to the Work as per format specified in EXHIBIT II.
Section (T4) TECHNICAL REQUIREMENT (EXHIBIT III)
Bidder shall provide the necessary technical information engaged for the Work and HSE standard as per the format specified in EXHIBIT III.
Section (T5) EQUIPMENT REQUIREMENT (EXHIBIT IV)
Bidder shall provide the specification of the proposed equipment based on Company's requirement in EXHIBIT IV.
Section (T6) FORM OF BID BOND (ATTACHMENT 3)
Bidder is required to provide the original BID BOND as per format provided in ATTACHMENT 3.
Section (T7) Other applicable text
Bidder may also submit any other applicable text to support the capability of Bidder necessary to facilitate the evaluation of the proposal. Bidder can submit relevant information deemed necessary to supplement this proposal.
Section (T8) Exceptions
Bidder shall have one of the following statements prominently displayed in capital letters under this section:
“THIS PROPOSAL HAS NO EXCEPTION”
"THIS PROPOSAL COMPLIES WITH ALL TERMS AND CONDITIONS OF THIS CONTRACT"
OR
"THIS PROPOSAL INCLUDES EXCEPTIONS WHICH ARE LISTED IN THIS SECTIONS"
Bidder must submit a complete and detailed listing of all exception taken to the Bid Documents in the format provided in ATTACHMENT 2, including the same exceptions as listed Section (C3) of the COMMERCIAL PACKAGE without indicating the cost.
The following instructions must be observed:
1) Complete new proposed wording must be provided for each exception (i.e. complete sentences with no reference to deletion or insertion of words).
2) No prices or cost quotations are to be shown for the exceptions submitted in the TECHNICALPROPOSAL. Exceptions with cost implication must be marked with an asterisk (*).
7.2 COMMERCIAL PROPOSAL PACKAGE
The Commercial Proposal Package shall include the following:
Section (C1) Covering Letter (As per Technical Package)
Section (C2) EXHIBIT V - "COMPENSATION”
Section (C3) FORM OF BID BOND
A copy FORM OF BID BOND shall be attached in the COMMERCIAL PROPOSAL PACKAGE.
Section (C3) Exceptions
Bidder must submit a complete and detailed listing of only the exceptions that have cost and/or schedule impact in the format provided in ATTACHMENT 2. All exceptions, including those that have no cost and/or schedule impact, are to be detailed in Section (T8) of SECTION7.1 of the TECHNICALPROPOSAL with no costs shown therein.
8 SUBMISSIONOFPROPOSAL
8.1 Bidder shall submit their technical and commercial packages mentioned above in one original set plus two photocopy set of each and one CD set for the technical and commercial proposal package respectively. In the event of discrepancy between the original set and the copies, the original shall prevail.
8.2 The original sets must be stamped with the words "ORIGINAL-COMMERCIAL” or "ORIGINAL-TECHNICAL" on every page of the respective package. Similarly, the photocopy sets must be stamped with the words "COPY 1 -COMMERCIAL”, "COPY 2 -COMMERCIAL” or "COPY 1 -TECHNICAL", "COPY 2 -TECHNICAL" on every page of the photocopy sets. The CD set shall be marked clearly on its cover with the words”COMMERCIAL PROPOSAL” or “TECHNICAL PROPOSAL”.
8.3 Bidder shall properly wrap and seal the original set, photocopy set of Technical Proposal Package and CD set of Technical Proposal Package in one envelope, and the original set, photocopy set of Commercial Proposal Package and CD set of Commercial Proposal Package in another envelope. Each sealed envelope shall also be labeled properly with the words “TECHNICAL PROPOSAL” or “COMMERCIAL PROPOSAL” as appropriate, including the Bidder's name and address, and this Tender number and title.
8.4 Bidder shall submit their above-mentioned proposals to the following address: [place].
Bidder shall ensure that the proposal is delivered to the address given above no later than the Bid Closing Date.
8.5 Responsibility for timely delivery of the proposal to the correct address rests fully with Bidder. Company does not accept late bids. Delivery to the wrong address shall not be an excuse for late delivery.
8.6 All communications/correspondence with regard to Bid preparation/clarification and submission of all proposals shall be made to the address specified under Clause 8.4 above.
8.7 Bidder is strongly advised to deliver the proposal by hand in order to assure timely receipt by Company. If Bidder elects to mail the proposal, Bidder is advised to use a fast and reliable delivery service (e.g., courier). Bidder should advise Company by fax, which number is mentioned in the ACKNOWLEDGEMENT OF BID INVITATION, the date and details of the delivery services.
8.8 All correspondences with regard to Bid clarifications shall be in writing and must indicate the tender number and title and sent to the address given in Clause 8.4 above.
8.9 Failure of Bidder to comply with any of the instructions under this Submission of Proposals Clause shall render Bidder’s proposal invalid.
9 ACCEPTANCE
9.1 Company may, at its option, reject all Bid proposals received or may accept any proposal which, in Company's sole judgment, is the most advantageous to Company. Company reserves the right to accept or reject all or part of the proposal at Company's discretion and will be under no obligation to explain the reasons thereof. Also, Company reserves the right to award the Contract at its own discretion.
9.2 Company shall not be deemed to have accepted all or any parts of a proposal unless and until written acceptance is issued.
9.3 The successful Bidder will be invited to enter into an agreement with Company. Prior to such an invitation, Company may send the successful Bidder a letter or fax of intent.
9.4 Company does not undertake to accept the lowest or any proposal, the acceptance of any proposal shall constitute a binding agreement between Company and the Bidder.
9.5 All proposals received shall be deemed to be the Bidder's unique and final offer and any unsolicited re-tenders, of any kind shall not be considered and may result in disqualification. Unjustifiable or malicious proposal shall not be considered and may result in disqualification.
9.6 All correspondence to Company and Bids submission MUST be in English. Submission in other language(s) will be deemed as non compliance to Bid submission requirement and will be disqualified from further consideration.
10 GENERAL INFORMATION
10.1 THE SERVICES REQUIRED:
Refer to of EXHIBIT I.
10.2 AREA OF OPERATIONS:
The areas of operations are Block [place] of [country’s name].
10.3 Work
Refer to of EXHIBIT I.
10.4 Bidder shall be solely responsible for the cost of preparing and submitting
Bidder’s proposals, including any other associated costs under this Tender.
END OF INSTRUCTIONS TO BIDDER
ATTACHMENT 1 PROPOSAL FORM
PROPOSALFORM
DATE :
TO : [Company’s name]
Dear Sirs
BIDPROPOSALFORCONTRACTNO: [number]
PROVISIONOF RIG SERVICES FOR BLOCK[place] OF[country]
We, the undersigned, certify that we have read and understood the subject Invitation to Bid and all documents forming the Bid Document.
We acknowledge that we have thoroughly investigated, or have had the opportunity to do so, and satisfied ourselves as to all general and local conditions affecting the Works, including but not limited to transportation, the availability and quality of personnel, hardware, software, water, fuel, climate and the vehicles, equipment, machinery and materials required by us prior to and during performance of the Works and all necessary information as to risk contingencies and all circumstances influencing and affecting this bid.
We offer to perform the Work as detailed in the Bid Document for the prices stated in our proposal attached hereto. This offer is valid for [number] days from the date fixed for Bid Closing and shall be binding upon us and may be accepted at anytime before the aforesaid date.
If our proposal is accepted, we undertake that, unless and until a formal Contract is prepared and executed, this Bid Proposal, together with your written acceptation thereof shall constitute a binding contract between us.
Yours faithfully,
----------------------- ------------------------------ ----------------------
ATTACHMENT 2 FORM OF BIDDER’S EXCEPTIONS
1. General:
1.1 As a base case, Bidder’s proposal shall be in full conformity with the requirements as set out in the Bid Document. Nothing shall be deemed to change or supplement this basis except revision to the Bid Document issued in writing by Company to all Bidders. If Bidders have any changes that are considered of mutual benefit or if there are any exceptions to any part of the Bid Document, they must state such exceptions, alternatives or substitution of materials clearly in its proposal (as an option to Company) giving reasons thereof for each exception, alternative or substitution, including clear explanation of the effect these exceptions, alternatives or substitutions may have on Bidder’s price quotation and delivery schedule.
1.2 Bidder may present exceptions, alternatives or substitution of materials only after having fully complied with the requirements of the Bid Document.
1.3 The descriptions and reasons for exception, alternatives or substitution of materials shall be presented in the format shown below. The table shall be attached in the proposal as per INSTRUCTIONS TO BIDDER.
BIDDER IS ENCOURAGED TO USE BIDDER’S OWN SHEET WITH THE FOLLOWING FORMAT.
2. SPECIAL CONDITIONS FORMAT
2.1 Article No: _____
And/Or EXHIBIT No: _____
Page No: _______
2.2 Alternative Proposal Suggested by Contractor:
____________________________________________________________________________________________________________________________________
2.3 Reason for Changes/Amendments.
____________________________________________________________________________________________________________________________________
2.4 Changes in Bid Price / Delivery if Contractor’s Proposal is accepted by Company.
2.4.1 Price: __________________________________________________________________________________________________________________________________
2.4.2 Delivery (if Applicable):
__________________________________________________________________________________________________________________________________
ATTACHMENT 3 FORM OF BID BOND
ATTACHMENT 3 FORM OF BID BOND
TO:
[Company’s name]
BANK GUARANTEE
FOR BID BOND
In consideration of [Bidder’s name] bidding upon the terms and conditions of the INSTRUCTIONS TO Bidder (hereinafter referred to as ITB) for the provision of Rig Services, in [country], we [bank’s name], at the request of the Bidder, hereby irrevocably and unconditionally guarantee that the sum of [amount] being the amount of BID BOND required to be deposited with [Company’s name] in accordance with the conditions of the ITB, shall become payable by us immediately on first written demand, without proof or conditions.
The conditions of this bond are:
A. that is shall remain in full force and effect until the earliest of
i. [date], being [number] days from [submission date], the date stipulated in the Bid Documents for the submission of proposal, or any extension of such date above notified to Bidder by [Company’s name] in writing;
ii. in the event of acceptance of the proposal by [Company’s name], the date upon which the Bidder provides a performance guarantee to [Company’s name] in accordance with terms of the contract thereby made between them, or
iii. in the event of acceptance by [Company’s name] of a proposal for the Work from a third party, the date upon which such third party provides the relevant performance guarantee.
B. subject to this Bond being in full force and effect, we shall pay the full amount specified in this Bond upon receipt of a written certificate from [Company’s name] stating that
i. Bidder has withdrawn his proposal during the validity of this Bond, or
ii. Bidder has failed to provide a performance guarantee to [Company’s name] in accordance with the terms of the contract between them upon acceptance of the proposal.
We agree that we shall not be discharged or released from this Guarantee by any agreement made between Bidder and [Company’s name] with or without our consent or by any forbearance by [Company’s name] or by any change in the name or constitution of [Company’s name] or the Bidder.
This BOND shall be governed by the laws of [country].
Executed as a Deed this [date] day, [month] of [year]
Signed : _____________________________
for and on behalf of Bidder
Date : _____________________________
Signed : _____________________________
for and on behalf of Bank
Date : _____________________________
ATTACHMENT 4 FORM OF PERFORMANCE GUARANTEE
PART I
PERFORMANCE GUARANTEE
Date:
To: [Company’s name]
Dear Sir:
1. We [Guarantor’s name], duly registered under the laws of [country] with a principal business address at [place](“the Guarantor”), do hereby enter into the following undertakings with [Company’s name] :
(a) That, in consideration of [Company’s name] entering into the Contract for the PROVISION OF RIG SERVICES ("Contract") dated [date] with [Contractor’s name] ("Contractor"), Contractor shall perform all its obligations contained in the Contract;
(b) That, if Contractor shall in any respect fail to perform the said obligations contained in the said Contract or commits any breach thereof, we shall ourselves perform or take whatever steps as may be necessary to achieve performance of obligations and we shall assume, indemnify and hold harmless [Company’s name] from and against any loss, damages, costs and expenses howsoever arising from the said failure or breach for which Contractor may be made liable hereunder;
(c) That, we shall not be discharged or released from our undertakings hereunder by any waiver or forbearance by [Company’s name]whether as to payment, time, performance, or otherwise.
In the event and for the duration that the Guarantor assumes the obligations of Contractor under the Contract as provided in Paragraph 1 above, the Guarantor shall be entitled to all of the rights and benefits to which Contractor is entitled under the Contract.
2. For the purpose of this Guarantee only, the Guarantor does hereby agree to submit to the jurisdiction of the [country] Courts.
3. This Guarantee shall inure to the benefit of [Company’s name]and its successors and assigns, and shall be binding upon the Guarantor and its successors and assigns.
4. This Guarantee shall be effective as of the [date] day, [month] of [year].
IN WITNESS WHEREOF, the Guarantor has caused this Guarantee to be duly executed by an authorized of the Guarantor this [day] day，[month] of [year].
Guarantor
For and on behalf of
_________________________________
By : ____________________________________
Name : ____________________________________
Designation : ____________________________________
Witness : ____________________________________
PART II
BANK GUARANTEE
To : [Company’s name] incorporated under the law of China and having its registered office at [Company’s address].
WHEREAS:
（1） By an agreement for the [contract] (hereinafter referred to as the "Contract") between [Contractor’s name] (hereinafter called the "Contractor") of the one part and [Company’s name] of the other part, the Contractor agrees to perform the Work in accordance with the Contract.
（2） In response to the request made by Contractor, we [bank’s name] (Name of Banker) (hereinafter called the "GUARANTOR") hereby irrevocably and unconditionally guarantee the sum of [amount] in favour of [Company’s name] being the amount of financial guarantee required for the above Contract. The sum shall become payable by us immediately on first demand by[Company’s name] without proof or conditions notwithstanding any contestation or protest by the Contractor or any other third party.
(3) The GUARANTOR shall not be discharged or released from this Guarantee by any agreement made between the Contractor and [Company’s name] and/or any other Contractor with or without the consent of the GUARANTOR or by any alteration in the obligations undertaken by the Contractor or by any forbearance whether as to payment, time, performances or otherwise, or by any change in name or constitution of [Company’s name] or the Contractor.
(4) This Guarantee is a continuing security and accordingly shall remain valid until [days] days after the end of the duration of the Contract and any extension thereto.
(5) The GURANTOR agrees that the Guarantee is given regardless of whether or not the sum outstanding occasioned by the loss, damages, costs, or expenses howsoever arising, incurred by [Company’s name] is recoverable by legal action or arbitration.
IN WITNESS whereof this Guarantee has been duly executed by GUARANTOR the [day] day of [month], [year] for and on behalf of _______________________
Name :
Designation :
Banker's Seal :
Address :