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:
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
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.