【本帖转自:】
(一)国际工程履约保函格式(公司)
日期:
致:
亲爱的先生:
________号合同履约保函
题目:
鉴于________公司(以下简称NPOG)就油田地面设施施工、试运和移交与________(以下简称承包商)于________年________月________日签订了________号合同(以下简称合同),我们________,是遵照________法律组建的一家公司,总部设在________,(以下简称担保人),在此想NPOG以下担保:
(a) 保证承包商全面完整地履行和完成合同项下的义务以及由更改通知单和合同修改可能引起的需要承包商适时完成的工作。
(b) 如果承包商在某方面未能履行合同项下义务过违约,我们作为担保人将执行或采取必要的措施来按照合同的规定履行义务,由于承包生闻能履行合同或违约所造成的损失、赔偿、花费和费用将由我们担保人承担。
(c) 担保人不会因NPOG放弃或节制对支付、工期、履约或其他方面的要求而解除自己承担的责任。
(d) 一旦担保人承担合同项下承包商的义务,在此期间,担保人应享受合同授予承包商的所有权利和利益。
(e) 为了履行保函和合同的目的,担保人同意接受英国法庭的唯一管辖。
(f) NPOG及其继承人、受让人的利益,对担保人及其继承人、受让人具有约束力。
(g) 该保函从________年________月________日起生效。
有鉴于此,担保人受权其代表于________年________月________日对本保函签字。
________公司
签字:________
姓名:________
职务:________
日期:________
见证人
签字:________
姓名:________
职务:________
日期:________
附:
英文文本
PERFORMANCE GUARANTEE FORMAT
Date :
To :
Dear Sirs,
PERFORMANCE GUARANTEE FOR CONTRACT NO:
TITLE:
________(Company Name)
That in consideration of (hereinafter referred to as "NPOG") entering into a contract for the Construction, Commissioning and Handover of Field Surface Facilities.("CONTRACT") dated________ day-of________ ________with________ hereinafter referred to as "CONTRACTOR (S)"'We, ________a company incorporated under the laws of ________with a principal business address at________(hereinafter referred to as " GUARANTOR") do hereby enter into the following undertakings with NPOG:
(a) Guarantee full and complete performance of all obligations of CONTRACTOR(s) under the said CONTRACT and all change orders thereunder and amendments thereof which may subsepuently be duly executed by CONTRACTOR(s).
(b) Should CONTRACTOR in any respect fail to perform the said obligations contained in the said CONTRACT or commits any breach thereof, we as GUARANTOR shall ourselves perform or take whatever steps as may be necessary to achieve performance of the obligations thereof, in accordance with terms of the said CONTRACT and the GUARANTOR shall assume any loss, damages, costs and expenses arising from the said failure or breach for which CONTRACTOR(s) may be made ailable thereunder;
MUGLAD BASIN OIL DEVELOPMENT PROJEDT
ELELD SURFACE FACILITIES (FSF)
CONTRACT NO:NPOG/30/98-163
(c) we the GUARANTOR shall not be discharged or released from our undertakings hereunder by any waiver or forebearance by NPOG whether as to payment, time , performance, or otherwise.
(d) In the event and for the duration that the GUARANTOR assumes the obligatinos of CONTRACTOR under the said CONTRACT above, the GUARANTOR shall be entitled to all of the rights and benefits to which CONTRACTOR is entitled under CONTRACT.
(e) For the purpose of this Guarantee and the said CONTRACT, the CONTRACTOR does hereby agree to submit to the exclusive jurisdiction of the British Courts.
(f) This Guarantee shall inure to the benefit of NPOG and its successors and assigns, and shall be binding upon the GUARANTOR and its successors and assigns.
(g) This guarantee shall be effective as of the________ day of ____________199_____.
IN WITNESS WHEREOF, THE GUARANTOR has caused this Guarantee to be duly executed by its authorized representative on this ____________day of ____________199____________.
For and on behalf:
____________
(Company)
signature : ____________
name :
designation :
WITNESS
Signature: ____________
Name: ____________
Designation: ____________
Date: ____________
rom failure of CONTRACTOR to perform the said obligations or breach thereof. (c) Our obligations under this guarantee shall not be discharged or affected by any indulgence granted or compromise made by NPOG in regard to the payment, time, performance or other conditions of the CONTRACT. (d) During the period in which the GUARANTOR is performing the CONTRACTOR'S obligations under this guarantee, the GUARANTOR shall be entitled to all rights and benefits conferred on the CONTRACTOR under the said CONTRACT. (e) For the purpose of this guarantee and the said CONTRACT, the GUARANTOR submits to the exclusive jurisdiction of the courts in England. (f) This guarantee shall be binding upon each and every successor-in-title of NPOG and shall inure to the benefit of each and every successor-in-title of the GUARANTOR. (g) This guarantee shall be effective from________ day of________ ________
In witness whereof the GUARANTOR has executed this guarantee on this ________day of________ ________by its authorized representative.
合同编号:
Contract NO:
签订日期:
Date:
为在平等互利的基础上发展贸易,有关方按下列条件签订本协议:
This Agreement is entered into between the parties concerned on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follows:
1. 订约人
Contracting Parties
供货人(以下称甲方):
销人(以下称乙方):
甲方委托乙方为销人,推销下列商品。
Supplier: (hereinafter called “party A”)
Agent:(hereinafter called “party B”)
Party A hereby appoint Party B to act as his selli
合同编号:
Contract NO:
签订日期:
Date:
签订地点:
Signed at:
方:
The Sellers:
地址: 传真:
Address: Fax:
方:
The Buyers:
地址: 传真:
Address: Fax:
兹双方同意成交下列商品订立条款如下:
The undersigned Sellers and Buyers he agreed to close the following transactions according to the terms and conditions stipulated below:
1.货物名称及规格
Name of Commodity and Specification 2. 数量
Quantity 3. 单价
Uni
合同编号:
Contract NO:
签订日期:
Date:
签订地点:
Signed at:
方:
The Sellers:
方: 传真(FAX):
The Buyers:
地址(ADDRESS):
兹 经 双 方 同 意 按 下 列 条 款 成 交:
THE UNDERSIGNED SELLERS AND BUYERS HE AGREED TO CLOSE THE FOLLOWING TRANSACTIONS ACCORDING TO THE TERMS AND CONDITIONS STIPULATED BELOW:
货号
ART. NO. 品 名 及 规 格DEscriptION 数 量 QUANTITY 单 价
UNIT PRICE 金 额
AMOUNT 总值
TOTAL value
1. 数量及总值均有 %的增减,由方决定。
WITH % MORE OR LESS BOTH IN AMOU
(a) Licensee acknowledges that its failure (except as otherwise
provided herein) to commence in good faith to manufacture and distribute
in substantial quantities any one or more of the articles listed in
paragraph 1 within ______ months after the date of this agreement and to
continue during the term hereof to diligently and continuously
manufacture, distribute and sell the articles covered by this agreement or
any class or category thereof will result in immediat
(a) Licensee agrees that during the term of this license it will
diligently and continuously manufacture, distribute and sell the articles
covered by this agreement and that it will make and maintain adequate
arrangement for the distribution of the articles.
(b) Licensee shall not, without prior written consent of Licensor,
sell or distribute such articles to jobbers, wholesalers, distributors,
retail stores or merchants whose sales or distribution are or will be made
fo
Licensee recognizes the great value of the good will associated with
the Name, and acknowledges that the Name and all rights therein and good
will pertaining thereto belong exclusively to Licensor, and that the Name
has a secondary meaning in the mind of the public.
5 Licensor's Title and Protection of Licensor's Rights
(a) Licensee agrees that it will not during the term of this
agreement, or thereafter, attack the title or any rights of Licensor in
and to the Name or att
Agreement made this ___________day of ______________, between
___________(hereinafter called "Licensor"), and ________(hereinafter
called "Licensee"):
WITNESSETH
Whereas Licensor owns certain valuable registered trademarks and
service marks, and owns and has merchandising rights to various other
Licensor properties as defined in paragraph 1 of the Rider attached hereto
and hereby made a part hereof (hereinafter called "Name"), said Name
hing