A Maintenance Guarantee is a written guarantee commitment issued by a bank at the request of a contractor or supplier to the owner or buyer. In engineering contracting, large equipment export, or long-term service contracts, the owner usually requires the contractor to repair defects during the warranty period (typically 1-2 years). If the contractor fails to fulfill its maintenance obligations, the owner may claim against the bank under the guarantee to cover the cost of self-repair or third-party repair. Use cases include international engineering, complete equipment export, EPC contracts, etc. Notes: The guarantee amount is usually 5%-10% of the contract price; the validity period should cover the warranty period, and attention should be paid to the release clause after expiry; claim conditions must be clear (e.g., claim may be made solely upon the owner's written statement); it should be distinguished from a Performance Guarantee, which guarantees the contract performance stage, while a Maintenance Guarantee guarantees maintenance obligations during the warranty period. In addition, a Maintenance Guarantee may be required to be an on-demand guarantee, which carries higher risk and requires careful assessment.
📝 Examples
1. According to the contract terms, the contractor shall submit a Maintenance Guarantee in the amount of 10% of the contract price after equipment acceptance, valid until the end of the warranty period. (Note: Specifies the guarantee amount and validity requirements)
2. The owner claimed against the bank under the Maintenance Guarantee because the supplier failed to repair the equipment fault within 30 days after receiving notice. (Note: Demonstrates the claim trigger conditions of the guarantee)
💡 Foreign Trade Tips
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