Demand Guarantee

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📖 Detailed Explanation

A Demand Guarantee is an independent guarantee in which the guarantor (usually a bank) undertakes to pay the beneficiary unconditionally and immediately upon the beneficiary's submission of a written demand complying with the terms of the guarantee (typically only a statement of the applicant's default), regardless of the actual performance or disputes under the underlying contract. It is widely used in international trade, engineering contracting, shipbuilding, etc., as performance guarantees, advance payment guarantees, or bid bonds. Its core feature is 'payable on demand,' meaning the beneficiary need not prove the applicant's default, but only submit complying documents. Note: The applicant faces significant risk because the beneficiary may abuse the right to claim; the guarantee is usually subject to the ICC Uniform Rules for Demand Guarantees (URDG758). Unlike a Conditional Guarantee, which requires the beneficiary to provide proof of default. Similar to a Standby L/C, but a Demand Guarantee emphasizes independence and documentary compliance.

📝 Examples

1. We have received the Demand Guarantee issued by your side; if you fail to deliver the goods as agreed in the contract, we will claim against the bank under this guarantee. (Note: The buyer requires the seller to provide a Demand Guarantee as performance security, allowing direct claim in case of default.) 2. According to URDG758, this Demand Guarantee shall be paid within three business days after receipt of the beneficiary's written demand, without the applicant's consent. (Note: Clarifies the independence and payment timeliness of the guarantee, emphasizing the payable-on-demand feature.)

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