PdC lawyers: decode, please
Am I correct in identifying as a problem the use of a letter of credit as the financial guarantee?
Anyone know, or care to investigate what is required for the financial guarantee?
over 1 year ago
R Mc
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Not a lawyer
But yes, that seem to be the case. The rule book [pdf] has a number of articles about the bank guarantee (starting on page 139 for Pro conti), but I’ve had a few too many snaps and meatballs to digest all the text.
Anyway, if the rules states that the team sends a first-demand bank guarantee, the teams are asking for trouble if they send a letter of credit. To my enjoyment, I’ve never needed to explore the real difference between the two, but there is a difference. So when White writes “Bank guarantee/letter of credit” the only purpose seem to be to give the impression that they have complied with the rules, when they haven’t.
Badger, badger, badger, badger, badger, badger...
y'all
don’t need lawyers to figure this out.
"Next year we will build a strong team around Tom. We don't need pseudo-stage racers any more in this team." -Patrick Lefevre, 2005
by Chris Fontecchio on Dec 24, 2010 2:14 PM EST up reply actions
Here:
A bank guarantee and a letter of credit are similar in many ways but they’re two different things. Letters of credit ensure that a transaction proceeds as planned, while bank guarantees reduce the loss if the transaction doesn’t go as planned.
A letter of credit is an obligation taken on by a bank to make a payment once certain criteria are met. Once these terms are completed and confirmed, the bank will transfer the funds. This ensures the payment will be made as long as the services are performed.
A bank guarantee, like a line of credit, guarantees a sum of money to a beneficiary. Unlike a line of credit, the sum is only paid if the opposing party does not fulfill the stipulated obligations under the contract. This can be used to essentially insure a buyer or seller from loss or damage due to nonperformance by the other party in a contract.
For example a letter of credit could be used in the delivery of goods or the completion of a service. The seller may request that the buyer obtain a letter of credit before the transaction occurs. The buyer would purchase this letter of credit from a bank and forward it to the seller’s bank. This letter would substitute the bank’s credit for that of its client, ensuring correct and timely payment.
A bank guarantee might be used when a buyer obtains goods from a seller then runs into cash flow difficulties and can’t pay the seller. The bank guarantee would pay an agreed-upon sum to the seller. Similarly, if the supplier was unable to provide the goods, the bank would then pay the purchaser the agreed-upon sum. Essentially, the bank guarantee acts as a safety measure for the opposing party in the transaction.
These financial instruments are often used in trade financing when suppliers, or vendors, are purchasing and selling goods to and from overseas customers with whom they don’t have established business relationships. The instruments are designed to reduce the risk taken by each party.
The internet addicted men of this decade seems less interested in stuffing vaginas.
So they used the "this pays so long as I don't screw up" version
in place of the “this works even if I screw up” version?
















