Guarantee Update Condition

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📖 Detailed Explanation

Guarantee Update Condition refers to the prerequisites that must be met to amend an issued bank guarantee (such as a performance guarantee or advance payment guarantee) when the underlying contract (e.g., supply contract, engineering contract) is modified, extended, or adjusted in amount in international trade, engineering contracting, or shipbuilding. Use cases include: extending the guarantee's validity period in line with an extended contract schedule; increasing the guarantee amount when the contract value rises; or changing guarantee terms at the beneficiary's request. Notes: any update requires the issuing bank's consent and typically requires the applicant to submit a written application, the original guarantee (or a bank-accepted alternative), and the contract amendment agreement; if the guarantee amount is increased, the bank may require additional margin or counter-guarantee. Unlike 'guarantee amendment,' the update condition emphasizes the specific triggering circumstances (e.g., 'contract extension exceeding 30 days') rather than the amendment action itself; compared with 'guarantee extension,' the update condition is broader and can cover changes in amount, terms, etc. Foreign trade practitioners should specify update conditions in the contract to avoid guarantee invalidity or breach due to failure to update in time.

📝 Examples

1. According to Article 8.2 of the contract, if the project is delayed by more than 60 days, we must, within 15 working days after receiving the employer's written notice, apply to the bank to extend the performance guarantee's validity period to 30 days after the new completion date—this is one of the guarantee update conditions. (Note: the contract stipulates the specific timing and operational requirements that trigger the guarantee update.) 2. Because the buyer increased the order amount from USD 500,000 to USD 800,000, the seller requested the buyer to amend the advance payment guarantee amount accordingly, but the bank set the update condition that the seller must provide an additional 20% margin. (Note: the bank's prerequisite for updating when the guarantee amount is increased.)

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