***近接到一份卖方(出口方)根据我方(进口方)Purchasing Order 开立的"进口预付款保函（ADVANCE PAYMENT GUARANTEE", 保函设定我方(进口方)保函内称为为"Customer", 设定卖方(出口方)称为为"Contractor",开立保函的银行在保函内称为"Guarantor". 其中保函的部分条款如下: THE BANK, TAKING INTO ACCOUNT THAT:
THE ABOVE-MENTIONED ORDER HAS BEEN PLACED BY THE CUSTOMER WITH THE CONTRACTOR AND HAS BEEN ACCEPTED BY THE CONTRACTOR, AND THE CUSTOMER, IN EXCHAGE FOR A BANK GUARANTEE,WILL PAY THE MAXIMUM AMOUNT OF THIS GUARANTEE TO THE CONTRACTOR IN ADVANCE, HEREBY AGREES WITH THE CUSTOMER TO ACT AS GUARANTOR FOR THE PAYMENT BY THE CONTRACTOR OF EVERYTHING WHICH THE CONTRACTOR OWES OR WILL OWE TO THE CUSTOMER ON ACCOUNT OF CONTRACTOR;S OBLIGATIONS UNDER THE AGREEMENT/ORDER, BUT ONLY UP TO IN TOTAL THE ABOVE-MENTIONED MAXIMUM AMOUNT AND SUBJECT TO THE PROVISIONS BELOW. THE BANK THEREFOR UNDERTANKES ON THE BASIS OF THIS GUARANTEE,AT THE FIRST WRITTEN DEMAND OF THE CUSOTMER AND IN RESPONSE TO A BINDING NOTIFICATION BY THE CUSTOMER THAT THE CONTRACTOR HAS FAILED TO PERFORM HIS ABOVE-MENTIONED OBLIGATIONS AND DID NOT MAKE REPAYMENT, TO PAY TO THE CUSTOMER AS ITS OWN DEBT AND WITHOUT REQUIRING ANY OTHER OR EXTRA PROOF OF INDEBTEDNESS, THE AMOUNTS SPECIFIED BY THE CUSTOMER, ALTHOUGH THESE MAY NEVER EXCEED IN TOTAL THE ABOVE-MENTIONED MAXIMUM AMUNT AND SUBJECT TO THE PROVISIONS BELOW. THE BANK IS OBLIGED TO MAKE PAYMENT ONLY IF AND IN SO FAR AS THE MAXIMUM AMOUNT HAS BEEN CREDITED TO THE ACCOUNT OF THE CONTRACTOR AT THE ABOVE MENTIONED BRANCH OF THE BANK. A WRITTEN CLAIM UNDER THIS GUARANTEE SHOULD RREACH THE BANK WITHIN THE TERM OF VALIDITY OF THE GUARANTEE. THIS GUARANTEE IS SUBJECT TO DUTCH LAW. DISPUTES RELATIING TO THIS GUARANTEE MAY BE REFERRED ONLY TO COMPETENT DUTCH COURT. 中间那一段斜体蓝色的段落麻烦哪位大侠翻译一下,本人水平有限,看不太懂! 此保函是否可以接受,是否有限制条件? 我们希望出具保函的银行承诺的承诺必须是“无条件的”和“不可撤消的”。“无条件的”即意味着当买方仅凭保函书面称卖方未履行其交货义务，要求出具保函银行按保函金额付款时，买方无需提供其他任何证明，也不管实际原因如何，该银行必须立即无条件地支付保函金额。“不可撤消的”是指保函在开立后，在规定的有效期内是不能撤消的。以上保函是否符合我方要求? 希望做过预付款保函的大侠多多赐教!
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外贸英语 -> 请做过"预付款保函"的大虾进场帮忙!
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发帖时间 - 2004/9/8 13:35:49