Performance Bond

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📖 Detailed Explanation

A Performance Bond is a written guarantee issued by a bank or insurance company at the request of an applicant (usually an exporter or contractor) to a beneficiary (usually an importer or project owner). If the applicant fails to fulfill contractual obligations, the guarantor will compensate the beneficiary up to the bond amount. Usage scenarios include large equipment exports, international engineering contracts, and long-term supply contracts, where the beneficiary uses it to hedge against the other party's default risk. Precautions: the bond amount is typically 5%-10% of the contract value; the validity period should cover the performance period and warranty period; claim conditions must be clearly specified (e.g., only upon the beneficiary's written statement or requiring third-party certification). Difference from a letter of credit: an LC is a payment instrument, while a performance bond is a default compensation instrument. Difference from a standby letter of credit: a standby LC is governed by UCP600, while a performance bond is mostly governed by URDG758, but their functions are similar.

📝 Examples

1. We have received the performance bond issued by your side for 10% of the contract amount, and after the equipment passes acceptance inspection, the bond will be released as agreed. (Note: The importer confirms receipt of the performance bond provided by the exporter and agrees on the release conditions.) 2. Because the contractor failed to complete the project on schedule, the owner claimed USD 800,000 from the bank under the performance bond. (Note: The beneficiary actually used the bond to obtain compensation due to the applicant's breach.)

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