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BANKER’S GUARANTEE/INSURANCE BOND FORMAT
Director-General of Customs / Comptroller of Goods and Services Tax
55 Newton Road
# 07-02 Revenue House
Republic of Singapore
LETTER OF *BANKER’S GUARANTEE/INSURANCE BOND NO. _____________________ FURNISHED UNDER -----
SECTION 99(1) OF THE CUSTOMS ACT (CAP 70) 2004 REVISED EDITION;
SECTION 99(1) OF THE CUSTOMS ACT READ WITH SECTION 26 OF THE GOODS AND SERVICES ACT (CAP. 117A) (2005 REVISED EDITION); AND/OR
SECTION 81(3) OF THE GOODS AND SERVICES ACT
In consideration of your having agreed at our request not to require the payment of the sum of Dollars ____________ ($ _________ ) from __________________________________1 (UEN __________ ) (hereinafter referred to as “the Principal”) as security pursuant to (i) section 99(1) of the Customs Act (Cap 70) (2004 Revised Edition), (ii) section 99(1) of the Customs Act read with section 26 of the Goods and Services Tax Act (Cap 117A)(2005 Revised Edition), and/or (iii) section 81(3) of the Goods and Services Tax Act, we hereby unconditionally and irrevocably agree to pay to you on demand the whole of any sums, in such currency which you may stipulate, that you require from the Principal for the payment of:
any duties, taxes, fees, penalties and all other charges payable under the Customs Act or any subsidiary legislation promulgated thereunder;
any goods and services tax chargeable under the Goods and Services Tax Act or any subsidiary legislation promulgated thereunder, including but not limited to any goods and services tax chargeable on the importation of goods; and/or
any duties, taxes, fees, penalties and all other charges payable under the Customs Act or subsidiary legislation promulgated thereunder, read with section 26 of the Goods and Services Tax Act,
including any interests thereon PROVIDED THAT the total amount recoverable from us under this *Guarantee/Bond shall not exceed Singapore Dollars ______________ ($ ____________).
We warrant that the provision of this *Guarantee/Bond does not contravene any law or statute and that we have obtained all necessary approvals in relation to the provision of this *Guarantee/Bond.
No liquidation, administration or other insolvency or other incapacity of or any changes whatsoever in the constitution of the Principal shall affect, impair or discharge our liability under this *Guarantee/Bond notwithstanding any law, statutory or otherwise, to the contrary2.
This *Guarantee/Bond shall take effect from the 1st day of *January/Month Year and shall remain in full force and effect until the 31st day of December ____ and is conditional only when all sums are paid by us in respect of claims made by you in writing and received by us on or before the 31st day of January ____ and it is further agreed that we shall not concern ourselves with whether any sums claimed are properly payable to you by the Principal or with whether any event or transaction giving rise to any claims actually occurred within the validity period of this *Guarantee/Bond3.
Our liability under this *Guarantee/Bond shall not be affected, impaired or discharged by (i) your giving time, any other indulgence or concession to the Principal or any third party, (ii) anything you may do or omit to do, (iii) your requiring further or other security from the Principal in respect of the same or similar subject matters as those covered by this *Guarantee/Bond or (iv) any other dealing, act or omission that but for this provision would discharge our liability. All payment made by us under this *Guarantee/Bond shall be made in full without set-off or counterclaim of any kind and free and clear of and without deduction of or withholding for or on account of any tax of any nature now or subsequently imposed by any country or any subdivision or taxing authority of or in any country or any federation or organisation or organisation of which country is a member.
No delay or omission on your part in exercising any right, power, privilege or remedy in respect of this *Guarantee/Bond shall impair such right, power, privilege or remedy or be construed as a waiver of it nor shall any single or partial exercise of any such right, power, privilege or remedy preclude any further exercise of it or the exercise of any other right, power, privilege or remedy. The rights, powers, privileges and remedies provided in this *Guarantee/Bond are cumulative and not exclusive of any rights, powers, privileges or remedies provided by the law.
A person who is not a party to this *Guarantee/Bond has no right under the Contracts (Rights of Third Parties) Act (Cap 53B)(2002 Revised Edition) to enforce any term of this *Guarantee/Bond.
This*Guarantee/Bond is binding on us and we may not assign our liability under this *Guarantee/Bond to any third party without your consent.
This *Guarantee/Bond shall be governed by and construed in accordance with the laws of the Republic of Singapore in every respect.
(Name and Designation)
For and on behalf of
(Name of *Bank/Finance Company/Insurance Company)
1*Please delete as appropriate
Please insert Name & Address of Company/Firm/Person(s).
2 This paragraph is to be included if the Principal is a company or a firm.
3 The guarantee/bond may be valid for two years or more with expiry date set at 31 Dec of any year and one month claim period ending at 31 Jan of the following year
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