Guarantee Expiry

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📖 Detailed Explanation

Guarantee Expiry refers to the state in which a bank guarantee or standby letter of credit loses legal effect due to the expiration of the agreed expiry date, fulfillment of the guarantee obligation, release after a claim due to the applicant's default, or voluntary release by the beneficiary. Use cases include: international engineering contracting, bulk commodity trading, shipbuilding, and other fields requiring bank guarantees. Precautions: 1) Guarantees usually specify a clear expiry date, but if the expiry date falls on a non-banking day, it may be extended to the next banking day; 2) Some guarantees contain an 'automatic extension' clause, and one must be alert to automatic extension without consent; 3) Expiry does not mean the bank's liability is immediately released; if a claim has already occurred before expiry, the bank still needs to handle it; 4) The beneficiary should confirm before expiry whether renewal or claim is needed to avoid loss of rights. Unlike 'guarantee cancellation', cancellation requires the consent of all parties, while expiry is natural expiration or satisfaction of conditions; unlike 'guarantee release', release can be based on active actions such as completion of contract performance. Foreign trade practitioners should strictly track the guarantee expiry date, promptly handle cancellation or renewal, and prevent fund occupation or risk exposure.

📝 Examples

1. According to Article 5 of the contract, the performance guarantee issued by our company will expire on June 30, 2025. Please confirm before the guarantee expires whether extension is required, otherwise the bank will automatically release the guarantee liability. (Note: Reminding the other party that the guarantee is about to expire and subsequent arrangements need to be confirmed) 2. Since the seller has completed all delivery obligations as agreed, the buyer agrees to issue a written release letter, and this advance payment guarantee shall expire early from the date the release letter is delivered to the bank. (Note: Due to completion of contract performance, the guarantee expires early)

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