MARCO TEÓRICO
1.2. Fundamentación Científica
1.2.2. La migración de medios tradicionales en la web.
This Guarantee is made at ………. on this ………, 2011 by ………, having its Registered / Head Office at ……… (hereinafter called the “Bank”, which expression shall, unless repugnant to the context or meaning thereof, shall mean and include, its successors and assigns) in favour of ……….. a body corporate constituted under ………. having its Corporate Center at ……… (hereinafter called “the Bank”, which expression shall, unless repugnant to the context or meaning thereof, shall include its successors and assigns)
WHEREAS ………, a company registered under the Companies Act, 1956, having its Registered Office at ……… (hereinafter called ………., which expression shall, unless repugnant to the context or meaning thereof, shall mean and include its successors and assigns) has accepted Purchase Order No………. dated ………, issued by the Bank (“Order”) pursuant to an offer made by ………. dated ……….. to deploy ……….. CDs, SIS, Managed and Other Services” and whereas ………. has agreed to make provision of ……….. CDs, SIS, Managed Services and Other Services to ……….. as set out in the Agreement dated ……… entered between the Bank and ……….
AND WHEREAS, the Bank has agreed to avail the services of ………… CDs which are to be installed by ……… .
AND WHEREAS, in accordance with terms and conditions of the Order and Agreement dated ……….. (hereinafter referred to as “Agreement”), ………. is required to furnish a Bank Guarantee for a sum of Rs. ………. only) for due performance of their obligations as regard to provision of ………. CD, SIS, Managed and Other Services to the Bank, guaranteeing payment of the said amount of Rs. ……… only to the Bank, if ……….. fails to fulfill its obligations under the Order and Agreement in respect of such services. Such Bank Guarantee is required to be valid for a total period of 60 months plus 3 months claim period. In the event of failure, on the part of ………, to fulfill its commitments / obligations in respect of availing the services of …………. CDs, SIS, Managed Services and Other Services under the Order and Agreement the Bank shall be entitled to invoke the Guarantee.
AND WHEREAS, the Bank, at the request of ……….. , agreed to issue on behalf of ……… , Guarantee as above, for Rs. ……… only).
Page 65 of 71 NOW THIS GUARANTEE WISTNESSETH THAT
l. (a) In consideration of the Bank having agreed to entrust ……….. for availing the ATM services through ………….. CDs, SIS, Managed and Other Services, we, the ……….……., hereby unconditionally and irrevocably guarantee that ………. shall fulfill its commitments and obligations in respect of such Services under the Order and Agreement and in the event of ……… failing to perform / fulfill its commitments / obligations in respect of such Services under the Order and Agreement, we, the ………, shall on demand(s), from time to time from the Bank, without protest or demur or without reference to ……… and not withstanding any contestation or existence of any dispute whatsoever between ……… and the Bank, pay the Bank forthwith the sums so demanded by the Bank in each of the demands, subject to a cumulative maximum amount of Rs. ………. only)
(b) Any notice / communication / demand from ……….. to the effect that ………. has failed to fulfill its commitments / obligations in respect of such Services under the Order and Agreement shall be conclusive, final & binding on the Bank and shall not be questioned by the Bank in or outside the court, tribunal, authority or arbitration as the case may be.
2. We, ………., HEREBY FURTHER AGREE & DECLARE THAT:
(a) Any neglect or forbearance on the part of the Bank to ……… or any indulgence of any kind shown by the Bank to ………. or any change in the terms and conditions of the said Order and Agreement shall not, in any way, release or discharge the Bank from its liabilities under this guarantee.
(b) This Guarantee herein contained shall be distinct and independent and shall be enforceable against the Bank, not withstanding any Guarantee or Security now or hereinafter held by the Bank at its discretion.
(c) This Guarantee shall not be affected by any infirmity or absence or irregularity in the exercise of this Guaranteeing by and / or on behalf of the Bank or by merger or amalgamation or any change in the Constitution or name of the Bank.
(d) This guarantee shall not be affected by any change in the constitution of the Bankor ………. or winding up / liquidation of ………., whether voluntary or otherwise.
Page 66 of 71 (e) This guarantee shall be a continuing guarantee during its validity period to
the extent of cumulative maximum amount mentioned herein. (f) Notwithstanding anything contained herein above:
(i) The Bank’s overall liability under this Bank Guarantee shall not exceed Rs. ………. only);
(ii) This Bank Guarantee shall be valid for a total period of 36 months (i.e. upto ………) plus 3 months claim period (i.e. upto ………;
(iii) The Bank is liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if SBI serves the Bank claim or demand on or before ………...
(iv) The Bank has, under its constitution, powers to give this guarantee and Shri ………. (signatories) Official(s) / Manager(s) of the Bank who has / have signed this guarantee has / have powers to do so.
IN WITNESS WHEREOF the Bank has caused these presents to be signed at the place and on the date, month and year first hereinabove written through its duly authorised official.
Signed and Delivered ) __________________ )
Page 67 of 71
Format 8.12