Guarantee guarantee contract

Contract number: _________
guarantor:_________
Legal address: _________
Legal representative: _________
Position: _________
Attorney: _________
identification number:_________
mailing address:_________
Postal code: _________
Contact: _________
phone:_________
fax:_________
account number:_________
email:_________
Account opening financial institution and account number: _________
creditor:_________
Legal address: _________
Legal representative: _________
Position: _________
Attorney: _________
identification number:_________
mailing address:_________
Postal code: _________
Contact: _________
phone:_________
fax:_________
account number:_________
email:_________
In order to ensure the performance of the _________ contract, when the debtor fails to perform the debt, the guarantor _________ is willing to perform the debt or assume the responsibility according to the agreement. After reviewing, the creditor agrees to accept _________ as the guarantor, and the two parties agree to conclude the agreement according to the following terms. contract.
Article 1 Scope of guarantee
1. The scope of the guarantee guarantee includes: the main creditor's rights and interest, the liquidated damages and damages payable by the debtor, and the expenses for realizing the creditor's rights.
The type and amount of the main creditor that is guaranteed: _________.
2. If the parties to the contract have no agreement on the scope of the guarantee or the agreement is not clear, the guarantor shall be liable for all debts.
3. If the contractual parties agree that the scope of the guarantee liability stipulated in the contract exceeds the scope of the statutory guarantee liability, it has no effect on the validity of the guarantee contract, but the part exceeding the scope of the statutory guarantee liability has no enforcement effect. If the guarantor performs voluntarily, the law does not prohibit it; if the guarantor repents after voluntary performance, it will not support it.
Article 2 Guarantee method of guarantee
1. The guarantee for this contract is:
General guarantee
Joint liability guarantee.
2. If the parties to this contract have no agreement on the guarantee method or the agreement is not clear, they shall assume the guarantee responsibility in accordance with the joint responsibility guarantee.
3. The guarantor bears joint and several liability for the debtor's debt in the main contract. If the debtor fails to perform or does not fully perform its debts, the creditor has the right to directly request the guarantor to assume the guarantee responsibility.
4. Where two or more guarantors provide guarantees for the same debt at the same time or separately, if the guarantor and the creditor do not agree to guarantee the share, they shall be deemed to be jointly and jointly guaranteed.
5. If the debtor with joint guarantee fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may request the debtor to perform the debt, or may require any guarantor to assume full guarantee responsibility.
6. After the guarantor with the joint guarantee assumes the guarantee responsibility, the part that cannot be recovered from the debtor shall be shared by each joint guarantor in proportion to its internal agreement. If there is no agreement, the average share.
Article 3 Guarantee responsibility
1. The guarantee period begins on the effective date of this contract and ends two years after the expiration of the performance period of the main contract.
2. During the guarantee period, if the creditor transfers the main creditor's right to a third party according to law, the guarantor will continue to assume the guarantee responsibility within the scope of the original guarantee.
3. During the guarantee period, if the creditor permits the debtor to transfer the debt, the guarantor shall obtain the written consent of the guarantor, and the guarantor shall no longer assume the guarantee responsibility for the debt transferred without its consent.
4. During the guarantee period, the parties to the main contract agree to change the main contract except for _________, and the written consent of the guarantor of this contract shall be obtained in advance. The guarantor no longer assumes the guarantee responsibility without the written consent of the guarantor.
5. During the guarantee period, the creditor and the debtor have changed the number of the main contract, the price, the currency, and so on. Without the consent of the guarantor, if the debtor’s debt is alleviated, the guarantor should still bear the guarantee responsibility for the changed contract; if the debtor is aggravated The debtor, the guarantor does not assume the guarantee responsibility for the aggravated part.
6. The creditor and the debtor have changed the time limit for the performance of the main contract. Without the written consent of the guarantor, the guarantee period is the period stipulated in the original contract or prescribed by law.
7. Where the creditor and the debtor agree to change the content of the main contract, but the actual contract is not fulfilled, the guarantor shall still bear the guarantee responsibility.
8. During the guarantee period stipulated in this contract, if the creditor does not require the guarantor to assume the guarantee responsibility, the guarantor shall be exempt from the guarantee responsibility.
9. Where the same creditor has both a guarantee and a guarantee provided by a third party, the creditor may request the guarantor of the guarantor or the property to assume the guarantee liability. If the parties do not agree on the scope of the guarantee or the scope of the guarantee of the goods, or the agreement is unclear, the guarantor who has assumed the guarantee responsibility may recover the debtor from the debtor, or may require other guarantors to pay off the share that should be shared.
10. Where the same creditor has both guarantee and material guarantee, if the guarantee contract of the property is confirmed invalid or revoked, or the collateral is lost due to force majeure and there is no substitute, the guarantor shall still undertake the guarantee according to the contract or the law. responsibility.
11. If the creditor succumbs to the exercise of the security interest after the expiration of the performance period of the main contract, causing the value of the collateral to be reduced or damaged or lost, it shall be regarded as a guarantee by the creditor to waive part or all of the property. The guarantor mitigates or waives the warranty liability within the scope of the creditor’s waiver of rights.
Article 4 The rights and obligations of the guarantor
1. During the guarantee period, if the guarantor has changed, revoked or other circumstances that may affect its ability to guarantee, the guarantor shall notify the creditor in writing _________ days in advance, and all obligations under this contract shall be borne by the changed institution or by the guarantor within the day. Implement a new guarantor accepted by creditors.
2. During the warranty period, the guarantor shall not provide third parties with a guarantee that exceeds their own affordability.
3. If the main contract of this contract has both guarantees and guarantees of goods, the guarantor shall assume the responsibility for the guarantees other than the guarantee of the goods. Where the creditor waives the guarantee of the property, the guarantor shall be exempt from the guarantee liability within the scope of the creditor’s waiver of the right.
4. The guarantor does not bear civil liability in any of the following circumstances:
The parties to the main contract collude and swindle the guarantor to provide guarantee;
The main contract creditor adopts fraud, coercion and other means to enable the guarantor to provide guarantees in violation of the true meaning.
5. After the guarantor assumes the guarantee responsibility, he has the right to recover from the debtor.
6. After the people's court accepts the debtor's bankruptcy case, if the creditor fails to declare the creditor's rights, the guarantor may participate in the distribution of the bankruptcy property and exercise the right of recovery in advance.
7. During the period of this contract guarantee, if the guarantor provides the guarantee to others, the creditor's interests shall not be harmed and the creditor's consent shall be obtained.
Article 5 Rights and obligations of creditors
1. During the guarantee period, the creditor has the right to supervise the guarantor's funds and property status, and has the right to request the guarantor to provide information such as its financial statements, and the guarantor should provide it truthfully.
2. One of the following circumstances occurs, the creditor has the right to ask the guarantor to assume the guarantee responsibility in advance, and the guarantor agrees to assume the guarantee responsibility in advance:
The guarantor violates the agreement of this contract or other serious breach of contract;
During the performance of the main contract, the debtor’s death, declaration of disappearance or loss of civil capacity caused the creditor’s claim to fail, or the debtor’s breach of contract.
3. Before entering into the guarantee contract, the creditor has the right to refuse to sign a guarantee contract with the guarantor provided by the debtor without solvency; but once the guarantee contract is concluded, whether the guarantor has solvency does not affect the validity of the guarantee contract.
Article 6 Guarantor’s liability for breach of contract
1. If the guarantor does not assume the guarantee responsibility or violates other obligations stipulated in this contract, it shall pay the creditor a liquidated damages of _________% under the guaranteed main contract, thus causing economic losses to the creditor and the amount of liquidated damages is insufficient to make up for the losses. The actual economic loss of the creditor shall be compensated. For the above-mentioned liquidated damages, compensation and the amount, interest and other expenses that the guarantor has not assumed the guarantee responsibility, the creditor has the right to directly offset the funds in the guarantor's deposit account.
2. Where the debtor and the guarantor jointly defraud the creditor and enter into the main contract and the guarantee contract, the creditor may request the people's court to revoke it. Therefore, if the creditor causes losses, the guarantor and the debtor shall be jointly and severally liable for compensation.
Article 7 The guarantor hereby makes the following declarations and warranties to the creditors:
1. The guarantor is a _________ formally established and validly existing under the _________ law, has the status of an independent legal person, is capable of suing and responding in its own name and owns its assets and operates its current or planned business;
2. The guarantor has sufficient statutory rights, powers and licenses to sign this guaranty and perform the responsibilities under this pledge;
3. This warranty is effective at the same time as the main contract becomes effective, that is, it constitutes a legal, effective and binding obligation to the guarantor, which can be implemented in accordance with its terms and can be enforced at any time in the _________ court;
4. The guarantor's signature and/or performance of this pledge will not violate or violate any law or regulation, or the guarantor's statute or establishment of the clerk or breach or breach of any contract or agreement entered into by the guarantor or binding on the guarantor itself or any of its assets. Archives; or beyond the guarantor's warranties, or beyond the guarantor's board of directors, or resulting in or forcing any collateral on any of its own assets.
5. The guarantor has not defaulted on any other debts payable, nor has it occurred in any contract, trust deed, agreement or other file that the guarantor has signed or has constituted any breach of contract in any file due to the occurrence and existence of anything;
6. No one is suing a guarantor or its assets in any court, tribunal, arbitration office or government agency, which will seriously affect the guarantor’s financial, business, assets and other conditions;
7. Except for statutory priority debts, the guarantor’s liability under this bond is direct and unconditional, and its payment obligations are equal to other unsecured debts at any time;
8. The guarantor does not violate any agreement on debt performance at the date of signing this warranty, or does not perform or violate any other agreement, and such default will have an adverse effect on the guarantor;
The guarantor has fully and accurately disclosed to the creditors all of the actual important debts that existed on the date of this Guaranteed Bookmark;
The recently validated annual financial statements provided by the guarantor to creditors have been prepared in accordance with _________ laws and conditions and generally accepted accounting principles. The above financial statements, together with the accompanying records, accurately and clearly reflect the financial status of the guarantor during the period covered by the statement, and since the completion of the above financial statements, the guarantor's operations, business, assets, liabilities or conditions have not actually changed adversely;
The guarantor does not have any significant debts or any significant unrealized or anticipated losses that have not been disclosed in its recently audited financial statements or accompanying records;
The guarantor provides the creditor with all information about the guarantor, which is true, complete and accurate on the date the information is provided;
All of the payables of the Guarantor under this Guarantee are free of any deductions or withholdings arising from taxes.
Article 8 guarantor's exemption
1. Guarantee the contractual agreement, the creditor transfers its creditor's rights, and guarantees that the liability is waived;
2. During the guarantee period, although the debtor obtained the permission of the creditor, the debt was transferred to a third party without the consent of the guarantor; The creditor and the debtor agree to change the main contract, but without the consent of the guarantor; In the joint liability guarantee, the guarantee period expires, the creditor does not require the guarantor to assume the guarantee responsibility; Where the same creditor has both a guarantee and a material guarantee, if the creditor waives the guarantee of the property, the guarantor shall be exempt from liability within the scope of the creditor’s waiver of the right.
Article 9 Notice
1. According to this contract, all notices sent by one party to the other party, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and can be passed by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The mailing address of each party is as follows: _________.
3. The notice of change or the address of a party shall be notified to the other party in writing within ______ days from the date of the change; otherwise, the unrecognized party shall bear the relevant liabilities arising therefrom.
Article 10 Dispute Resolution
1. This contract is governed by and construed in accordance with the laws of the People's Republic of China.
2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:
Submit to the _________ Arbitration Commission for arbitration;
Prosecuted to the people's court according to law.
Article 11 Force Majeure
1. If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.
2. The party claiming to be affected by the event of force majeure shall, as far as practicable, notify the other party in writing of the occurrence of the event of force majeure in the shortest possible time, and provide the other party with such force majeure events and their continuation within _________ days after the occurrence of the force majeure event. Appropriate evidence of time and written information that the contract cannot be performed or needs to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.
3. When a force majeure event occurs, both parties shall immediately decide how to implement this contract through friendly negotiation. Upon termination or elimination of the event of force majeure or its effects, both parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.
4. “Force Majeure” as used in this contract means that the affected party cannot reasonably control it, cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party has all or part of this contract. Perform any event that is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.
Article 12 Change of Contracts During the period of validity of this contract, neither party to the contract may change or cancel the contract without authorization.
Article 13 Interpretation of the contract The unfinished matters or the contents of the clause are unclear. The parties to the contract may, in accordance with the principles of this contract, the purpose of the contract, the trading habits and the content of the related terms, make a reasonable explanation of the contract in accordance with the usual understanding. This interpretation is binding unless the interpretation is inconsistent with the law or this contract.
Article 14 Supplementary and Subsidiary Files The matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where the laws and regulations do not provide for, the parties may conclude a written supplementary contract. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.
Article 15 Guarantee the validity of the contract
1. The validity of this contract is independent of the principal contract that is guaranteed, and the invalidity of the main contract does not affect the validity of this contract.
2. Where the guarantor's branch does not enter into the guarantee contract with the creditor without the written authorization of the guarantor or beyond the scope of authorization, the part of the guarantee contract that is invalid or beyond the scope of the authorization is invalid. If the creditor and the guarantor are at fault, they shall bear corresponding civil liabilities according to their faults; If the creditor is not at fault, the guarantor shall bear civil liability.
3. This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix the official seal of the unit or the special seal of the contract. Valid for _________ years, from _________ years ______ months _________ days to _________ years _________ months _________ days.
4. The original form of this contract is _________ copies, and each party holds _________ copies, which has the same legal effect.
Guarantor: _________ Creditor: ______
Legal representative: _________ Legal representative: ______
Attorney: _________ Attorney: ______
Signing location: _________ Signing location: _________
_________Year ____________________________________________