XXX101 DDMMYYYY

BANK GUARANTEE/SBLC DRAFT

---------------------- MESSAGE READER --------------------------
SWIFT INPUT: FIN 760 GUARANTEE
SENDER: WISMATWWXXX
BANK WINTER/BANK INTERNATIONALE BANK FUR
AUSSENHANDEL AG
VIENNA AUSTRIA
RECEIVER: XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
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: 27: SEQUENCE OF TOTAL:
1/1
: 20: TRANSACTION REFERENCE NUMBER:
XXXXXXXXXXXXX
: 23: FURTHER IDENTIFICATION:
ISSUE
: 30: DATE:
DD.MMM.YYYY
: 77C: DETAILS OF GUARANTEE
.
BANK GUARANTEE NO. XXXXXXXXXX
.
BY ORDER AND FOR ACCOUNT OF XXX-APPLICANT-XXX (THE “APPLICANT”)
WE, BANK WINTER AND CO. AG VIENNA, AUSTRIA HEREBY ISSUE OUR
IRREVOCABLE BANK GUARANTEE NO XXXXXXXXXX IN FAVOUR OF XXX-
BENEFICIARY-XXX (“BENEFICIARY”) FOR A SUM NOT EXCEEDING USD/EUR
XXXXXXXXXXXXX (UNITED STATES DOLLARS / EUROS XXXXXXXXXXX ONLY)
AVAILABLE BY PAYMENT BY US AT SIGHT AGAINST PRESENTATION OF THE
FOLLOWING DOCUMENTS:

1) BENEFICIARY’S SIGNED STATEMENT TO READ AS FOLLOWS:

WE CONFIRM THAT ALL CONTRACTUAL OBLIGATIONS FROM OURSELVES
TOWARDS THE APPLICANT HAVE BEEN FULFILLED AND THAT THE AMOUNT
DRAWN REPRESENTS THE INDEBTEDNESS FROM THE APPLICANT PURSUANT TO
THE CONTRACT NO. XXXXXX WHICH IS NOW DUE AND REMAINS UNPAID.
2) BENEFICIARY’S DRAFT DRAWN AT SIGHT ON APPLICANT, MARKED
“DRAWN UNDER BANK GUARANTEE NO. XXXXXXXX DATED DD.MMM.YYYY OF
BANK WINTER AND CO. AG.
3) BENEFICIARY’S STATEMENT STATING THAT BENEFICIARY HAS DEMANDED
PAYMENT OF THE AMOUNT OWED AND THAT PAYMENT HAS NOT BEEN MADE AS
DEMANDED. THIS STATEMENT MUST BEAR THE MANUAL SIGNATURES OF ALL
OF THE APPLICANT’S AUTHORIZED SIGNATORIES AS AT THE DATE OF THE
DEMAND, CONFIRMING THAT THE STATEMENT IS CORRECT.
4) COPY OF SWIFT SENT BY ISSUING BANK TO ADVISING BANK, AFTER
RECEIPT OF APPLICANT'S INSTRUCTIONS, CONFIRMING THAT APPLICANT
HAS PRESENTED TO THEM A COPY OF THE SIGNED BENEFICIARY'S
STATEMENT(DOCUMENT NO.3 ABOVE) AND THAT THE SIGNATURES OF
APPLICANT'S SIGNERS THEREON BEING IN CONFORMITY WITH BANK'S
RECORDS AND INCLUDE ALL AUTHORIZED SIGNERS, AS PER ISSUING BANK
RECORDS, HELD IN THE ISSUING BANK'S FILE AT THE DATE OF DEMAND.
.
FOR THE PURPOSE OF IDENTIFICATION, THE REQUEST OF PAYMENT HAS TO
BE PRE-ADVISED BY ADVISING BANK, BY SWIFT MASSAGE TO US,
 XXX101 DDMMYYYY
CONFIRMING SIGNATURES ON THE CLAIM FOR PAYMENT AND ON DOCUMENTS
1. 2.AND 3. ARE LEGALLY BINDING FOR YOURSELVES.
.
OUR BANK GUARANTEE EXPIRES ON DD.MMM.YYYY AND AUTOMATICALLY IF
YOUR WRITTEN DEMAND FOR PAYMENT, COPY OF ADVISING BANK SWIFT
PRE-ADVISE AS WELL AS THE DOCUMENTS REQUESTED IN STRICT
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS BANK GUARANTEE
ARE NOT IN OUR POSSESSION ON OR BEFORE THAT DATE.
.
ANY DEMAND FOR PAYMENT MADE BY SWIFT ONLY, IS NOT ALLOWED.
.
THIS BANK GUARANTEE IS NOT ASSIGNABLE TO ANY THIRD PARTY.
.
ALL CHARGES AND EXPENSES IN CONNECTION WITH THIS BANK GUARANTEE,
EXCEPT THE OPENING BANK’S CHARGES, ARE FOR THE ACCOUNT OF
BENEFICIARY AND WILL NOT BE BORNE BY THE APPLICANT.
.
WE HEREBY ENGAGE OURSELVES TO EFFECT PAYMENT ACCORDING TO THE
NEGOTIATION BANK’S INSTRUCTIONS UPON RECEIPT OF ALL THE ABOVE
REQUESTED DOCUMENTS IN STRICT COMPLIANCE WITH THE TERMS AND
CONDITIONS OF THIS BANK GUARANTEE, ACCOMPANIED BY YOUR
AUTHENTICATED SWIFT DEMAND