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Guarantee Cheque Against Advance Payment
"Need a Guarantee Cheque Against Advance Payment agreement for a construction project where we're providing a PHP 5 million advance payment to a contractor in March 2025, with the guarantee cheque to be held for 6 months until project completion."
1. Parties: Identification of all parties involved - the payor (issuer of the guarantee cheque), the payee (party providing the advance payment), and any relevant banking institutions
2. Background: Context of the transaction, including the purpose of the advance payment and the need for the guarantee cheque
3. Definitions: Key terms used in the agreement, including 'Advance Payment', 'Guarantee Cheque', 'Maturity Date', and other relevant technical terms
4. Advance Payment Details: Specific details of the advance payment including amount, payment method, and timing
5. Guarantee Cheque Provisions: Details of the guarantee cheque including cheque number, amount, bank details, and date
6. Terms and Conditions: Conditions under which the guarantee cheque may be encashed, including default scenarios
7. Rights and Obligations: Specific responsibilities of each party regarding both the advance payment and the guarantee cheque
8. Default and Remedies: Consequences of default and available legal remedies for both parties
9. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Bank Confirmation: Section for bank acknowledgment of the guarantee cheque, used when additional security is required
2. Interest Provisions: Terms regarding interest on the advance payment, included when interest is applicable
3. Security Provisions: Additional security measures beyond the guarantee cheque, used in high-value transactions
4. Dispute Resolution: Detailed arbitration or mediation procedures, included for complex or high-value transactions
5. Force Majeure: Provisions for unforeseen circumstances, included when long-term obligations are involved
6. Notices: Formal communication procedures, included in more complex agreements
1. Schedule A - Cheque Details: Copy or details of the guarantee cheque including cheque number, bank details, and amount
2. Schedule B - Advance Payment Schedule: Detailed breakdown of the advance payment terms and timeline
3. Schedule C - Bank Details: Complete banking information for all parties involved
4. Appendix 1 - Authorization Documents: Corporate authorizations, board resolutions, or other relevant authorization documents
5. Appendix 2 - KYC Documents: Required Know Your Customer documents for banking compliance
6. Appendix 3 - Bank Certificates: Any relevant bank certificates or confirmations regarding the guarantee cheque
Authors
Construction
Manufacturing
Real Estate Development
Import/Export
Wholesale Trade
Engineering Services
Industrial Equipment
Technology Services
Infrastructure Development
Telecommunications
Legal
Finance
Procurement
Treasury
Risk Management
Commercial Operations
Compliance
Business Development
Project Management
Accounts
Chief Financial Officer
Finance Manager
Legal Counsel
Procurement Manager
Contract Administrator
Treasury Manager
Risk Manager
Business Development Manager
Project Manager
Financial Controller
Compliance Officer
Account Executive
Commercial Director
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