A Performance Letter of Guarantee is essential in scenarios where parties seek financial security for contractual performance, particularly in large-scale projects or significant commercial arrangements. Under Singapore's legal framework, this document provides a binding commitment from a bank to pay a specified sum if the principal defaults on their obligations. The guarantee typically includes detailed information about the parties involved, the underlying contract, specific performance requirements, and claim procedures. This instrument is widely used in Singapore's business environment due to its strong legal enforceability and alignment with international banking practices.
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1. Bank Details: Full identification and contact details of the issuing bank, including registration number and registered address
2. Beneficiary Details: Complete identification of the party receiving the guarantee, including address and registration details
3. Principal Details: Complete identification of the party for whom the guarantee is being issued
4. Guarantee Amount: Explicit statement of the maximum guaranteed sum and currency
5. Contract Reference: Details of the underlying contract or obligation being guaranteed, including contract date and reference number
6. Validity Period: Clear specification of the guarantee's effective date and expiry date
7. Demand Requirements: Specific conditions and procedures for making a claim under the guarantee
1. Partial Claims Provision: Terms allowing for multiple partial claims up to the maximum guarantee amount, typically included for phased projects
2. Assignment Clause: Provisions governing the transfer of rights under the guarantee, included when assignment might be necessary
3. Counter-Guarantee Reference: Reference to any counter-guarantees, particularly relevant in international transactions
4. Force Majeure: Provisions dealing with extraordinary circumstances that may affect the guarantee
1. Schedule A - Form of Demand: Prescribed format for submitting claims under the guarantee
2. Schedule B - Authority Documents: Required documentation proving authority of signatories
3. Schedule C - Underlying Contract Extract: Relevant excerpts from the contract being guaranteed
4. Schedule D - Bank's Standard Terms: Standard terms and conditions of the issuing bank applicable to guarantees
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