Order for the issuance of a guarantee




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RAIFFEISEN BANK INTERNATIONAL AG
Am Stadtpark 9

A-1030 Wien

("RBI")



ORDER FOR THE ISSUANCE OF A GUARANTEE

Applicant:

     
Account no. of applicant:      
Tel.no.:      

I/We herewith instruct you to issue on

my/our behalf the following irrevocable guarantee by:


 letter

 SWIFT / telex


Beneficiary:

     


Currency/amount:      


Valid until:      


Type of guarantee:

 performance guarantee

 tender guarantee

 advance payment guarantee

 retention money guarantee

 payment guarantee

 credit line guarantee

 warranty guarantee


 other:      


Subject (contract number/tender number/description of goods as per contract/invoice number):

     


Total order value:

     


Delivery and payment terms:

     


Wording of guarantee:

 no special wording required, use RBI standard wording

 no special wording required, use RBI standard wording, subject to URDG 758
 use wording as per attached text

 use wording as per attached text, subject to URDG 758


A condition in the guarantee will be disregarded by the guarantor if the guarantee does not specify a document to indicate compliance with this conditions and the fulfilment cannot be determined from the guarantor's own records or from an index specified in the guarantee (for details see Art 7 URDG).


Guarantee to be issued as direct guarantee, to be sent to:

 beneficiary directly

 to be advised by following bank, without commitment on the bank’s side:
     


Guarantee to be issued as indirect guarantee under your counter guarantee:

 by following bank:

     

 your correspondent bank

Guarantee to be sent to:

 beneficiary

 applicant

 to our representative:      


 will by collected by:      


Remarks:

     


Language(s) of the documents:
 All documents specified in and presented under the guarantee shall be in the language of the guarantee.
 Documents specified in and presented under the guarantee, which are not issued by or on behalf of us or the beneficiary, but by any other person shall be in       language


Foreign bank charges are for:

 account of beneficiary

 our account




In case the guarantee is subject to the Uniform Rules for Demand Guarantees (URDG 758):
We herewith confirm that we know the provisions of URDG 758 and we agree with them.

We also confirm that RBI explicitly directed our attention to Article 4 URDG 758 whereby a guarantee is issued when it leaves the control of the guarantor and is irrevocable on issue even if it does no state this.

Upon request we can provide you with a copy of URDG 758.




We hereby undertake, explicitly waiving any objection, defense, set-off or counter-claim, to reimburse you for any payments made by you under or in connection with the guarantee issued by you in fulfillment of this order, and we agree that you are authorized to debit our account with you, as specified above, with any such amount as well as all costs, fees, commission and charges arising in this connection.
In the event that our order is for the issue of the guarantee by a non-Austrian bank, that guarantee will be subject to applicable laws and regulations in the relevant jurisdiction, and we agree that RBI does not assume any responsibility for the text of the guarantee as worded by the relevant bank. Furthermore, we agree that you will not release us from our obligations in respect of the guarantee before you have been released from your obligations under the relevant counter-guarantee.
This order is governed by Austrian law and supplemented by the General Terms and Conditions of RBI.

 For any dispute arising in connection with this order you hereby submit to the exclusive jurisdiction of the competent courts having jurisdiction over Vienna-Innere Stadt, Austria.

 Any dispute arising in connection with this order shall be finally settled by arbitration under the Rules of Conciliation and Arbitration of the Arbitral Centre of the Austrian Federal Economic Chamber. The tribunal shall consist of one arbitrator to be appointed pursuant to said Rules. The arbitration proceeding shall take place, and the award shall be rendered, in Vienna and the proceeding shall be held in English.



     

date


     

stamp and authorized signature of applicant




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