Arbejds- eller leverancegaranti - betinget
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Conditional Performance Guarantee
Conditional Performance Guarantee Â
Detail of guarantee:
You have concluded a contract with our client [name and address] with contract no. [number] dated [date] for the [supply of/specification of goods/description of project] at a total price of [price].
We are informed, that according to the conditions of the contract, a performance guarantee is required.
Therefore we, Nykredit Bank A/S, Trade Finance, Sundkrogsgade 25, DK-2150 Nordhavn, Denmark, at the request of our client, hereby irrevocably guarantee you payment up to the following maximum amount:
[currency] [amount] (in words: [amount in words])
as security that our client will meet their contractual obligations under the above-mentioned contract.
Any claim made by you under this guarantee must contain your original duly signed demand for payment and your statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, indicating in what respect [name of our client] did not fulfil their contractual obligations towards you.
In case our client is in disagreement to any claim and payment under this guarantee, payment must await our receipt of either:Â
- a duly signed statement from [name of our client] stating that they approve your claim for payment made according to the above-mentioned contract in the amount claimed under this guarantee; orÂ
- a final decision by a court or arbitration tribunal stating that you are entitled to receive payment for your claim made according to the above-mentioned contract in the amount claimed under this guarantee Â
This guarantee shall automatically be reduced by any payment made by us under this guarantee.
Our guarantee is effective as of today and expires on the earlier of
- on return of the original guarantee document to usÂ
- on [date], automatically and in full if your demand has not been received by us, at this office, on or before that date, regardless of such date being a non-banking dayÂ
This guarantee is governed by Danish law and the place of jurisdiction is Copenhagen, Denmark.
Yours faithfully,Â
Nykredit Bank A/SÂ