预付款保函中英文样本

引言

预付款保函是一种由担保人向受益人出具的无条件付款承诺，用于保障受益人已收到的预付款。在工程项目中，预付款保函通常用于在合同签订后和工程开工前为承包商提供资金担保。

中英文样本

中文样本

担保函

编号： [担保函编号]

兹保函人 [担保人名称]， 以下简称担保人， 深知申请人 [承包商名称]， 以下简称承包人， 已与受益人 [业主名称]， 以下简称业主， 签订了合同编号为 [合同编号] 的 [合同名称]， 合同金额为 [合同金额]。承包人已收到业主支付的预付款金额为 [预付款金额]。

按合同约定， 承包人应在收到预付款后， 立即开工。如果承包人不能及时开工， 则业主有权要求承包人退还预付款并承担相应的违约责任。

为保证承包人如期开工， 担保人特此向业主无条件保证， 如果承包人收到预付款后不能按合同规定及时开工， 则担保人将无条件偿还业主全部预付款金额， 并承担相应的违约责任。

担保有效期为自 [起始日期] 至 [终止日期]。

担保人在收到业主的书面索赔通知后 [索赔响应时间] 内偿还预付款金额。

本担保函受 [适用法律] 管辖。

担保人： [担保人名称]

地址： [担保人地址]

联系电话： [担保人电话]

邮箱： [担保人邮箱]

授权人： [授权人姓名]

英文样本

Performance Bond

Bond No.: [Performance Bond Number]

THIS PERFORMANCE BOND, dated [date], is made by and between AS SURETY, [surety name], having its principal place of business at [surety address], hereinafter called "Surety," and as PRINCIPAL, [contractor name], having its principal place of business at [contractor address], hereinafter called "Principal," in favor of [owner name] AS OWNER, hereinafter called "Owner," in the penal sum of [amount] Dollars ($[amount]), and WHEREAS, Principal has entered into a Contract with Owner to construct or perform certain work as described in the Contract, and Principal has requested Surety to issue this Bond, as hereinafter set forth in order to secure to Owner, full and timely performance of the Contract by Principal.

NOW, THEREFORE, in consideration of the foregoing and of the sum of Ten Dollars ($10.00), paid by Principal to Surety, receipt of which is hereby acknowledged, and subject to the limitations set forth herein, Surety hereby binds itself unto Owner that if Principal fails to well and truly perform and complete its obligations as stated in the Contract within the time specified therein, or any extension thereof, or fails to pay for any materials or labor in accordance with the provisions of the Contract, or fails to comply with and perform any and all of the terms and conditions of the Contract as therein stated and contained on Principal's part to be performed, or defaults in the performance of any of its obligations hereunder as hereinafter provided, Surety shall be liable to Owner and Owner shall have the right to collect from Surety the full amount of such damages, not exceeding the penal sum of this Bond, as Owner shall sustain by reason of any default on the part of Principal under the Contract, as hereinafter provided.

THIS BOND shall be in full force and effect from [start date] to [end date], inclusive.

Notice of claim under this Bond must be made by Owner to Surety by [notification period]. Surety shall have the right to contest Owner's claim as to the amount of damages sustained by Owner by reason of the failure of Principal to fulfill the terms and conditions of the Contract. Any such determination of damage shall not be binding upon Owner unless approved in writing by surety.

Surety’s maximum liability under this Bond not to exceed the penal sum of this Bond. If Surety shall have made payment of the full amount hereof, then the liability of Principal and Surety hereunder shall terminate and Principal shall assign to Surety, to the extent of such payment, all of its right, title and interest in and to the Contract and the fruits thereof and all moneys and credits due or to become due thereunder.

No provision of this Bond shall be deemed to have been waived or discharged by Owners unless in writing. This Bond is not subject to termination by the Owner without the consent of Surety, and no extension of time permitted by Owner to Principal to complete the Contract beyond the time stated therein, and no variation of the Contract or the plans or specifications relating to the Contract or any provisions thereof shall increase or decrease the liability of Surety hereunder.

Surety: [surety name]

Address: [surety address]

Phone: [surety phone]

Email: [surety email]

Authorized Person: [authorized person]

保函使用注意事项

使用预付款保函时，需要注意以下事项：

总结

预付款保函作为保障预付款安全的有效工具，在工程项目中具有重要作用。使用预付款保函时，应充分了解保函条款，并注意保函的使用注意事项，确保保函能够有效保障预付款的安全。