A prepayment guarantee, also known as an advance payment bond or prepayment letter of guarantee, is a financial instrument issued by a bank, which guarantees the repayment of a prepayment made by one party to another. It provides confidence and protection to the receiving party that the advanced amount will be returned if certain conditions are not met. In this article, we will provide a sample template for a prepayment guarantee in English.
Below is a sample template for a prepayment guarantee:
[Bank Name]
[Address]
[Date]
[Beneficiary Name]
[Address]
Dear [Beneficiary Name],
RE: PREPAYMENT GUARANTEE
We, [Bank Name], hereby issue this Prepayment Guarantee ("Guarantee") in favor of [Beneficiary Name] (the "Beneficiary") in connection with the prepayment made by the Beneficiary.
1. Amount: The full amount of the prepayment advanced by the Beneficiary, stated as [Amount].
2. Purpose: The prepayment is made for the purpose of [Specify purpose].
3. Guarantee Period: This Guarantee shall remain valid until [Specify expiry date] and shall automatically expire thereafter.
4. Conditions: This Guarantee is subject to the following conditions:
a) The Beneficiary must provide written notice to the Bank stating any non-fulfillment of the agreed-upon conditions by the obligated party within [Specify number of days];
b) The Beneficiary must provide all necessary documents supporting the non-fulfillment of the conditions;
c) The claim under this Guarantee must be made within [Specify number of days] from the date of sending the notice to the Bank.
5. Payment: Upon successful validation of the claim, the Bank shall immediately pay the Beneficiary the full amount of the prepayment made.
6. Governing Law: This Guarantee shall be governed by and construed in accordance with the laws of [Specify governing law] without regard to any conflicts of law provisions.
7. Miscellaneous: Any amendments or modifications to this Guarantee must be made in writing and signed by both parties.
This Guarantee is irrevocable, unconditional, and shall not be affected by any changes in the relationship between the parties involved.
We hereby undertake to honor all payments made under this Guarantee strictly in accordance with its terms and conditions.
Yours faithfully,
[Bank Officer]
[Bank Officer Name]
[Title]
A prepayment guarantee serves as a financial safeguard for parties engaging in prepayments. It ensures that the receiving party will be reimbursed if specific conditions are not met. The sample template provided can be used as a reference when drafting a prepayment guarantee. However, it is advisable to consult legal professionals or seek assistance from banks to tailor the guarantee to individual circumstances.