Retention Bank Guaranthhee.docx

download Retention Bank Guaranthhee.docx

of 3

Transcript of Retention Bank Guaranthhee.docx

  • 7/27/2019 Retention Bank Guaranthhee.docx

    1/3

    RETENTION AMOUNT BANK GUARANTEE

    BANK GUARANTEE NO : Date : 30th July 2013

    To

    M/s. Rane TRW Steering Systems Limited38th K.M.Stone, G.S.T. Road (NH 45)Vallanchery Village, Guduvanchery Post 603 202.

    This guarantee is made this 31st day of July 2013, Between The Karur Vysya Bank Ltd, acompany incorporated under Banking Regulations Act and having its Branch Office at No.50,

    AMM Towers, Thiruvalluvar Main Road, Mogappair, Chennai 600 037 and having its headoffice at Erode Road, Karur (hereinafter called the Bank) which expression shall unless

    repugnant to the context or contrary to the meaning thereof include its successors of the on partand M/s. Rane TRW Steering Systems Limited, incorporated in India under Indian Companies

    Act 1956 (hereinafter called Beneficiary) which expression shall include the successors andconsignees) of the other part.

    WHEREAS the Beneficiary has placed a contract vide Purchase Order No : 4300 4900076765 Dated 12.03.2013 ( hereinafter called Work Order ) with M/s.PKM MetalBuildings Company ( hereinafter called the Contractor ) having registered office & factory at #43/17, Thulangum Thandalam Village, Dimmasamudram Post, Near Vellagate, Kancheepuram

    631 502 for Removal of existing AC Sheet and provision of single skin insulated sheet withweld mesh in pump building (hereinafter called theWork) at the Total Basic cost of

    Rs 48,39,099/-.

    AND WHEREAS it is one of the terms of the said contract that the Contractor shall furnish tothe Beneficiary a Bank Guarantee for 10% of the Basic Value of the Final Tax Invoice No 037 Dated 15.07.2013, Rs 4,83,910/- and shall be valid for a period of one year from the date offinal Tax Invoice..

    AND WHEREAS the Bank has, at the request of the Contractor, agreed to be given in favour ofthe Beneficiary a Guarantee in manner hereinafter appearing, which the Beneficiary hasagreed to accept.

    NOW THIS DEED WHITNESSETH AS FOLLOWS :

    1. In pursuance of the said agreement and in consideration of the premises, the Bankhereby guarantees to the Beneficiary due observance and fulfillment by theContractor of the items of the said contract relating to the said work and of theperformance warranty which is part of the said contract and agrees and undertakesthat if the contractor fails to observe and fulfill the said terms of the said contract and/ or the performance warranty, then the Bank shall immediately pay to theBeneficiary on demand such sum or sums of money to the extent of 10% of the

  • 7/27/2019 Retention Bank Guaranthhee.docx

    2/3

    Final Tax Invoice Value on account of losses and damages suffered by theBeneficiary as may claimed by the Beneficiary by reason of such non-observations and non-fulfillment by the contractor may suffered by the Beneficiaryas aforesaid and against all costs, changes, expenses which may be incurred by theBeneficiary, in connection herewith. The Bank shall pay the said amount withoutdemur of protest or without recourse to the contractor. Any such demand placed on

    the Bank shall be inclusive as regards the amount due and payable by the Bankunder this Guarantee.

    2. This guarantee is a continuing guarantee and not revocable except with the previouswritten consent of the Beneficiary and save as aforesaid it will continue in force untilthe expiry of the defects liability period of one year ie; 14.07.2014,under the saidcontract and observed and fulfilled the said performance warranty and all other termsand conditions of the said contract.

    3. The Beneficiarymay, without affecting Banks liabilities and obligations hereunder,grant time or other indulgence to or compound with the contractor or enter into anyagreement or agree to forebear to enforce any of the terms and conditions of the

    said contract against the contractor or agree to vary any of the terms and conditionsof the said contract.

    4. This guarantee shall not be affected by any change in the constitution of theBeneficiary by absorption with any other body or corporation or otherwise and thisguarantee will be available to or enforceable by such body or corporation.

    5. All compositions and payments received by the Beneficiary from or on behalf of thecontractor shall be regarded as payments in gross and in the event of the contractorbeing wound-up, the Beneficiary will be entitled to prove against the properties ofthe contractor in respect of the whole of the Contractors indebtedness of theBeneficiary, without any right on the part of the Bank to stand in the Beneficiary

    place in respect of or to claim the benefits of such composition and payment or anysecurity held by the Beneficiary until the Beneficiary shall have received the fullamount of the claims against the Contractor.

    6. In order to give effect to this guarantee the Beneficiary will be entitled to act as ifthe Bank were the Principal debtor and the Bank hereby waives all and any of itsrights of surety ship.

    7. This guarantee shall continue to be in force notwithstanding the discharge of thecontractor by operation of law and shall cease only on payment of the full amount bythe Bank of the Beneficiary of the amount hereby secured and on the claim of theBeneficiary against the Contractor in respect of the said contractor being satisfied.

    8. This guarantee shall be in addition to and not in substitution for any other guaranteeor security for the contractor given or to be given to the Beneficiary in respect of thesaid contract be the Bank (whether alone or jointly with others)

    9. Subject to Clause 2 hereof this Guarantee shall remain in force for 12 months fromthe date of Final Tax Invoice 15th July 2013.

  • 7/27/2019 Retention Bank Guaranthhee.docx

    3/3

    10. Unless a demand or claim under this Guarantee is made on the bank in writing withinthe expiry date of this bank guarantee ie; 15 th July 2014, we shall be discharged fromall liability under this Guarantee.

    11. Any notice by way of request, demand or otherwise hereunder may be sent by postto the Bank addressed as aforesaid and if sent by post, it shall be demand to have

    been given at the time when it would be delivered in due course of post and inproving such notice, when given by post, it shall be sufficient to prove that theenvelope containing the notice was posted and a certificate signed by and an officerof the Beneficiary that the envelope was so posted shall be conclusive.

    12. This present shall be governed by and construed in accordance with Indian Law.

    13. The Bank hereby declares that it has the power to issue this Guarantee and theundersigned has full powers to do so.

    14. Notwithstanding anything contained hereinabove our liability under this guarantee isrestricted to Rs. 4,83,910/- (Rupees Four Lakhs eighty three thousand nine hundredand ten only) and shall remain in force up to 14.07.2014 unless a demand or a claimin writing on or before 14.07.2014 we shall be discharged from all liabilities under thisnotice thereafter.

    IN WITNESS where of the Bank has executed these present the day and year first abovewritten.

    SIGNED AND DELIVERED for an on behalf _________________________________ of theabove named ______________________________________.