betsy28:帮我看下是否软条款
有一合同,我方要求50% 预付款TT。收到巴基斯坦信用证。
内容如下
PAYMENT TERM:
++++++++++++++++
I) 50 PERCENT OF THE L/C AMOUNT IS PAYABLE BY THE APPLICANT AS
ADVANCE PAYMENT UPON RECEIPT OF THE FOLLOWING DOCUMENTS THROUGH
THEIR BANK:
a) a) PERFORMANCE BANK GUARANTEE OF EQUIVALENT AMOUNT ISSUED BY
ANY FIRST CLASS BANK IN BENEFICIARY'S COUNTRY IN OPENER'S FAVOUR.
THE GUARANTEE MUST COVER THAT THE FUNDS WILL BE REFUNDED TO US IF
SHIPMENT NOT EFFECTED AND DOCUMENTS ARE NOT RECEIVED BY US FOR
FULL L/C AMOUNT.
b) BENEFICARY'S DRAFT DRAWN FOR THEADVANCE PAYMENT AMOUNT
BEING CLAIMED BY THEM.
c) BENEFICIARY'S INVOICE DRAWN FOR THEADVANCE PAYMENT AMOUNT
BEING CLAIMED BY THEM.
.
THIS ADVANCE PAYMENT AMOUNT WILL ONLY BE REMITTED BY US UPON
RECEIPT OF FUNDS FROM THE L/C APPLICANT WITH INSTRUCTIONS TO
REMIT THEM TO THE BENEFICIARY'S BANK WHO FORWARDED THE ABOVE
DOCUMENTS IN ACCORDANCE WITH THEIR INSTRUCTIONS MENTIONED ON
THEIR COVERING SCHEDULE. UPON RECEIPT OF ORIGINAL SHIPPING
DOCUMENTS COMPLYING WITH THE TERMS AND CONDITIONS OF THIS CREDIT
THE BALANCE AMOUNT OF THIS CREDIT WILL BE REMITTED TO THE
NEGOTIATING BANK AS PER THEIR INSTRUCTIONS MENTIONED ON THEIR
COVERING SCHEDULE. THE INVOICES FORWARDED WITH THESE DOCUMENTS
MUST SHOW TOTAL VALUE OF GOODS LESS (DEDUCTION) OF THE AMOUNT
RECEIVED AS ADVANCE PAYMENT. THE SHIPPING DOCUMENTS OF ADVANCE
PAYMENT MUST BE RECEIVED BY THE L/C ISSUING BANK WITHIN 120 DAYS
FROM THE DATE OF ADVANCE PAYMENT.
II) 50 PERCENT OF THE L/C AMOUNT IS PAYABLE BY THE APPLICANT ON
THE PRESENTATION OF 100 PERCENT CREDIT COMPLIED DOCUMENTS
1)这是不是要求银行保函的意思,那我必须把LC全部金额还是50%放在银行帐户,银行才会给我开保函吗
2)THE SHIPPING DOCUMENTS OF ADVANCE
PAYMENT MUST BE RECEIVED BY THE L/C ISSUING BANK WITHIN 120 DAYS
FROM THE DATE OF ADVANCE PAYMENT.
提交三份文件,开了银行保函,对方才会付预付款款给我方银行,那这三份预付款需要提交的文件怎么又是收到预付款的120天内开证行收到就行呢。
这里面还有一个COVERING SCHEDULE是指我方银行快递单证时的面单吗?
b) BENEFICARY'S DRAFT DRAWN FOR THEADVANCE PAYMENT AMOUNT
BEING CLAIMED BY THEM.
这是指预付款的汇票?
c) BENEFICIARY'S INVOICE DRAWN FOR THEADVANCE PAYMENT AMOUNT
BEING CLAIMED BY THEM.
这是指预付款的发票?
请大家指教,主要是银行保函那部分的金额到底是一半还是全部,第一次遇到这样要求,好紧张。谢谢了
SIYUAN2003:
这个是 信用证自带预付款的条款。
按照信用证要求的东西 ,找你们银行去操作 。
就可以先期得到预付款。
lewis9898:这些条款很明确的描述了如何提取预付款,以及如何提交各项单据的细节。如果你完全没有完全看懂,建议你最好找有经验的人协助你操作信用证,或者请银行的人指导你操作,千万不要自己独立操作,可能会造成很大的麻烦或者损失。
要想提取预付款,就必须给开证行提交银行保函,这是拿到预付款的关键单据。如果你们不愿意提交银行保函,就无法拿到预付款。