Tilbudsgaranti - betinget

Her ser du et eksempel på teksten til en tilbudsgaranti – betinget.

Conditional Bid Guarantee
[name and address of beneficiary]

We hereby issue our Guarantee as follows:

Our reference: GUA-

Date and place of expiry:

Detail of guarantee:

We have been informed that our client [name and address] are tenderers in accordance with their bid under tender no. [tender no.] covering [description of project].
We are also informed, that according to the conditions of the tender, a bid 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

your payment up to the following maximum amount:

[currency] [amount] (in words: [amount in words])
as security that our client will meet their obligations under the above-mentioned tender.

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 that [name of our client]:

  • a. was declared the successful bidder and despite this did not fulfil their obligations towards you in accordance
    with the tender because... (a brief explanation of the failure must be indicated); or
  • b. has withdrawn their offer during the tender period

In case our client is in disagreement to any claim and payment under this guarantee, payment must await our receipt of either:

  • i. a duly signed statement from [name of our client] stating that they approve your claim for payment made
    according to the above-mentioned tender in the amount claimed under this guarantee; or
  • ii. a final decision by a court or arbitration tribunal stating that you are entitled to receive payment for your claim

 

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

  • a. on return of the original guarantee document to us
  • b. 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 day

This guarantee is governed by Danish law and the place of jurisdiction is Copenhagen, Denmark.
Yours faithfully,
Nykredit Bank A/S

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