What does a payment guarantee mean, and what does an advance payment guarantee mean

payment

guarantee

A payment guarantee is a written document issued by the guarantor bank to the seller at the request of the buyer to guarantee the buyer's fulfillment of the payment obligations under the purchase of goods, technologies, patents or labor contracts.

At the request of the buyer and the owner, the payment guarantee guarantees to the seller and the construction party that after the seller and the construction party provide goods, technical services and materials according to the contract or complete the agreed project quantity, if the buyer and the owner do not pay the contract payment as agreed, the bank will pay the corresponding amount after receiving the claim from the seller and the construction party.

The statement that inverter air conditioners are more energy-efficient is not entirely correct, and the power-saving effect has yet to be confirmed.

After the inverter air conditioner controls the room temperature to the set temperature, the unit runs in a low-frequency (low-speed) state for a long time, and the motor power consumption at this time is low, so it saves power; Second, during the operation of the inverter air conditioner, the unit rarely stops, which avoids the frequent start of the ordinary air conditioner, so the additional starting power consumption is saved.

For example, in a high-temperature environment, in order to achieve the effect of refrigeration, the inverter air conditioner must run at full capacity, and will not change the operation mode at any time until it reaches the best condition. And when running at full load, it does not save electricity, "which is no different from fixed-frequency air conditioning".

The operation of the air conditioner is affected by various factors such as ambient temperature, room size, structure, orientation, number of indoor personnel, indoor activities, etc., even after the room temperature is controlled to the set temperature, how much time does the unit have to maintain a low-frequency and low-speed (i.e., low energy consumption) operating state? The low energy consumption operation is accompanied by low cooling and heat production, and this state is difficult to meet the actual needs of the room, once the actual demand can not be met, the unit still has to return to the rated frequency or higher frequency of operation energy saving has become a difficult to fulfill the promise.

Secondly, although the ordinary air conditioner starts frequently, the starting time is very short, about a few tenths of a second each time. Although the inverter air conditioner does not need to be started frequently, its rapid temperature control is achieved by high-frequency operation, which is in exchange for high energy consumption.

Uncovered. Long-term operation of inverter air conditioner to save electricity.

The 'more energy-saving' characteristics of inverter air conditioners need to be manifested in a certain specific environment. "If the inverter air conditioner and the fixed-frequency air conditioner are placed at the same temperature and run for more than 6 hours at the same time, the inverter air conditioner can reflect the advantages of more power saving than the fixed-frequency air conditioner. If it only runs for two or three hours at a time, the inverter air conditioner consumes more electricity than the ordinary air conditioner.

But. Frequency conversion.

Air conditioning. Noise will.

It's really smaller.

The advance payment guarantee, that is, the repayment guarantee, refers to the written guarantee commitment that the bank is the guarantor and opens to the beneficiary at the request of the applicant, and if the applicant cannot pay the relevant amount, the beneficiary of the letter of guarantee has the right to claim the guarantee amount of the guarantee from the bank as compensation with the advance payment guarantee.

Article 386 of the Security Law: The holder of the security interest shall enjoy the right to receive priority in respect of the secured property in accordance with the law in the event that the debtor fails to perform the debts due or the parties agree to realize the security interest, except as otherwise provided by law.

The advance payment guarantee, that is, the repayment guarantee, refers to the written guarantee that the bank will issue to the beneficiary according to the applicant's requirements to guarantee that once the applicant fails to perform the contract or fails to perform in full, the advance payment will be returned to the beneficiary after receiving the claim submitted by the beneficiary.

Project Advance Payment Guarantee: Also known as Project Repayment Guarantee, it is a guarantee to the project owner (beneficiary) that if the applicant fails to perform the contract or fails to use the project advance payment in full according to the contract, the owner can provide relevant evidence at this time and file a claim with the bank, and the bank has the obligation to pay on demand.

1. What does an advance payment guarantee mean?

1. It is a kind of credit letter that the contractor requires the bank to issue to the owner to guarantee that the advance payment paid by the owner will be used for the implementation of the project. The contract signed by the bidder after winning the bid stipulates that the contractor entrusts the bank to issue a guarantee letter to the owner that the owner shall pay a project advance payment to the contractor in accordance with the provisions of the contract and use it for the implementation of the project in a timely manner.

2. Legal basis: Article 46 of the Tendering and Bidding Law of the People's Republic of China.

The tenderer and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract. If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it.

2. How long is the validity period of the advance payment guarantee?

Generally speaking, according to the contract, the bank generally provides a maximum guarantee of 24 months, and if it continues to provide a performance bond, it needs to apply again, and the bank will also submit an expired official letter to the party accepting the performance bond. The duration of the contractor's performance bond is agreed upon in the contract. The effective deadline agreed in the contract is generally 30 days to 180 days after the date of completion and acceptance of the project agreed in the project construction contract.

Legal analysis: A performance guarantee refers to a kind of performance guarantee commitment made by a bank or financial institution to the owner (beneficiary) of the project at the request of the labor party and the contractor (applicant).

If the contractor and the contractor fail to complete the construction on time, quality and quantity, the bank will pay the owner a sum of about 5% to 10% of the contract amount. There are certain format restrictions on the performance bond, and there are also certain conditions.

Payment guarantee: It is relatively simple, pay the money directly to the buyer or the trading center you mentioned above, which is a cash guarantee for the performance of the contract. Compare:

Although the formalities of the performance guarantee are cumbersome, there is a clear validity period in the letter of guarantee according to the terms of the contract or the agreement between the two parties (and the requirements of the bank), and on this date, the money will automatically be free from the bank, and there is no need for the buyer's consent or disagreement, of course, provided that there is no other handle (such as warranty money) in the hands of the buyer. If he is in a bad mood, even if you don't make a little mistake in the execution of the contract, he will find an excuse to ask for money. Now the company's funds are tight, and there is no payment plan this month, and the leader is not there, and he can't sign it, etc.

Therefore, on the one hand, the bank performance guarantee is conducive to revitalizing the funds, which is conducive to reducing the burden on construction enterprises, and on the other hand, the letter of guarantee instead of the deposit is conducive to standardizing the market order, establishing and improving the credit system, and enhancing the overall image of the engineering construction unit.

Legal basis: Article 46, paragraph 2 of the Tendering and Bidding Law of the People's Republic of China If the bidding documents require the winning bidder to submit a performance bond, the winning bidder shall submit it.

1. What are the differences between a payment guarantee and a performance guarantee?

1. The differences between an advance payment guarantee and a performance guarantee include:

1) Guarantee responsibilities are different. The performance guarantee is provided by the guarantor to the construction party to the owner, and the advance payment guarantee is provided by the guarantor to the construction party to the owner, and the guarantor guarantees the construction party to fulfill the obligation to withhold the advance payment;

2) The guarantee time is different. The performance guarantee often runs through the entire project and takes a long time. The duration of the advance payment guarantee is often not long, generally 30-90 days.

2. Legal basis: Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

2. What are the forms of performance guarantees?

The forms of performance bonds include:

1. Bank performance guarantee. The bank performance guarantee is a guarantee certificate issued by a commercial bank, and the bank guarantee is divided into conditional bank guarantee and unconditional bank guarantee;

2. Performance guarantee. A performance guarantee is a written guarantee document issued by an insurance company, trust company, etc. to the beneficiary at the request of the applicant to guarantee the applicant's performance of obligations under a contract;

3. Performance guarantee. The performance bond can be a certified cheque, bank draft or cash cheque.