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Guarantee Application Form - 2023-VERSION ONE

This document is a request form for a bank guarantee or bond. It collects information about the applicant, beneficiary, type of guarantee, amount, validity period, format, collection details, and terms and conditions. Specifically: 1) It requests details about the applicant, beneficiary, type of guarantee needed (e.g. bid bond, performance bond), amount, currency, purpose, validity period and format. 2) It specifies that bank charges will be deducted from the provided account number and cash cover details are required if the guarantee is cash-covered. 3) It outlines terms such as authorizing the bank to debit accounts, indemnifying the bank against claims, applying credit balances to

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Phillip Kakuru
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0% found this document useful (0 votes)
722 views5 pages

Guarantee Application Form - 2023-VERSION ONE

This document is a request form for a bank guarantee or bond. It collects information about the applicant, beneficiary, type of guarantee, amount, validity period, format, collection details, and terms and conditions. Specifically: 1) It requests details about the applicant, beneficiary, type of guarantee needed (e.g. bid bond, performance bond), amount, currency, purpose, validity period and format. 2) It specifies that bank charges will be deducted from the provided account number and cash cover details are required if the guarantee is cash-covered. 3) It outlines terms such as authorizing the bank to debit accounts, indemnifying the bank against claims, applying credit balances to

Uploaded by

Phillip Kakuru
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

Branch Name________________________________________________ Date D D M M Y Y

For any queries or clarifications on the Application Form, please call Trade Operations Department
on Tel. No: 0313114130

I / We hereby request and authorize you to issue a Guarantee / Bond with the following details:

PARTY DETAILS

Applicant Name, Address & Contact Details Beneficiary Name, Address & Contact Details

Beneficiary Bank Details/SWIFT Address (optional but mandatory for


offshore/cross-border beneficiaries)

TYPE OF BOND/GUARANTEE
Bid Bond Performance Bond Advance Payment Guarantee Immigration Bond

Customs Bond Payment/Financial Guarantee Other (please specify) _______________________

SBLC (please attach format of the SBLC)

GUARANTEE DETAILS
Amount in Figures Currency: Amount:

Amount in Words

Procurement Reference
Number

Purpose of the
Guarantee

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For Bid Bonds/Bid Security Only

Bid Submission date: D D M M Y Y

Validity Period

Expiry Date: D D M M Y Y Auto-extension/No expiry date

Guarantee Format

Bank Standard Format Others (please attach format)

If no format is attached, the Bank will issue the guarantee(s) using the standard bank format(s)

Bank Charges

Debit bank charges from our account number _____________________________________ Currency ____________

Others (please specify) ______________________________________________

SECURITY DETAILS
Please tick as applicable

Pre-approved Bank Facility Cash Covered Unsecured Bid Bond


CASH COVER DETAILS (only applicable for cash covered Guarantees)

If Cash Covered, please insert the below details: Amount of cash cover (amount in figures and words)

(Currency & Amount in Figures) ______________________________________________________________________

(Currency & Amount in Words) _______________________________________________________________________________

___________________________________________________________________________________________________________

CASH COVER ACCOUNT DETAILS

Currency Account Number

We authorize the Bank to debit the above account number with the above cash cover amount and utilize the same for
settlement in case of a claim.

AGENT COLLECTING THE GUARANTEE FROM THE BANK (tick appropriately) Applicant Beneficiary

Name: __________________________________________________________________________________________

ID/Passport Number: __________________________________ Telephone Number: ____________________________

COLLECTION POINT
My Agent above will collect the guarantee from
Head Office Branch Name
NOTE: Guarantees collected from the branch will be rubber-stamped and not sealed with Equity Bank Uganda Limited company seal .

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COMFORT LETTER OR LINE OF CREDIT DETAILS:
Amount in Figures Currency: Amount:

Amount in Words

ADDITIONAL CONDITIONS:
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________

_________________________________________________________________________________________________

Note: The guarantee(s) will be issued using the standard bank format(s) unless otherwise advised.

TERMS AND CONDITIONS


The account opening General terms and condi ons are supplemental to these Terms and Condi ons. In the event of con ict between the
account opening General terms and condi ons and these Terms and Condi ons, these Terms and Condi ons will prevail and take
precedence.
1. The Applicant authorizes the Bank to debit its account with the applicable Bank commissions, charges, marginal deposits and
expenses together with those of the Bank’s correspondents where applicable as and when they become due.
2. In considera on of the Bank issuing the guarantee, the Applicant hereby undertakes to indemnify (on a full and unquali ed
indemnity basis) and hold harmless the Bank from and against all claims, demands, liabili es, taxes, costs, losses, charges, ac ons,
damages, suits and expenses (including without limita on all legal costs) which the Bank may incur or su er arising out of or in
connec on with any breach or non-performance or observance by the Applicant of the Applicant’s obliga ons and du es hereunder
and / or arising out of the said guarantee as extended and / or amended from me to me at the Applicant’s request.
3. The Applicant, for the considera on referred to in clause 1 above, hereby undertakes to pay to the Bank, forthwith on demand by
the Bank any sums referred to in clause 1 together with interest thereon (as well a er and before any judgment or liquida on) from
the date of demand to the date of repayment in full.
4. The Applicant hereby irrevocably authorizes the Bank to make any payments and comply with any demands which may be claimed
from or made to the Bank under the guarantee without any reference to or further authority from the Applicant and agree that it
shall not be incumbent upon the Bank to enquire whether or not any such payments or demands claimed from or made to the Bank
under the guarantee are in fact due or whether or not any dispute exists between the Applicant and the Bene es) of the
guarantee and further agree that any payments which you shall make in accordance or purpor ng to be in accordance with the
guarantee shall be binding on the Applicant and shall be accepted by the Applicant as conclusive evidence that the Bank were liable
to make such payment or comply with such demand.
5. In the event of any asserted claim by the Bene to the Bank, the Bank shall serve the Applicant with a wri en no ce of the
same, and there er the Applicant shall at his or her own expense defend, protect and hold harmless the Bank against the said
claim or any loss or liability thereunder.
6. In the further event that the Applicant shall fail to so defend and / or indemnify and hold harmless the Bank harmless from the said
claims, then in such instances the Bank shall have the full right to defend, pay or se e the said claim on the Applicant’s behalf
without further no ce to the Applicant and with full rights to recourse against the Applicant for all dues, amounts, costs, expenses
and payments made or agreed to be paid to discharge the said claim upon default, the Applicant further agrees to pay all
reasonable orney’s fees necessary to enforce this indemnity.
7. The Applicant irrevocably authorizes the Bank in its absolute discre on to apply any credit balance that the Applicant may have
from me to me with the Bank in any account in payment of any claims, losses, costs, interest and expenses under this indemnity
or to set o without prior reference to the Applicant any amounts so paid by the Bank.

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8. The Applicant hereby agrees and undertakes not at any me to countermand or stop payment of any cheque drawn by the
Applicant on the Bank and made payable to the Bene ciary.
9. Where a Cash Collateral is provided by the Applicant to the Bank as security for issuance of the guarantee:

(a) The Applicant understands that where any cash margin (herein referred to as Cash Collateral) is held by the Bank as security
for above bank facility by the Bank this will be released upon expiry or cancella on of the facility and con rma on of full
se ement of the Applicant’s obliga ons to the Bank.
(b) The Applicant further understands that no interest shall accrue on the Cash Collateral and that the same will be held in the
sole name of and shall be the property of the Bank un l u liza on of the facility by the Bank at which me we shall be en tled
on demand made on that date to payment of the said amount.
(c) The Bank will be en tled to retain the receipt for the Cash Collateral and to record a lien thereon. The Applicant agrees that
the Cash Collateral which may from me to me stand to the Applicant’s credit on any account with the Bank shall be held as
a security for the payment of any sum or sums of money now or here er from me to me become due or owing to the Bank
by the Applicant or by the Applicant jointly with any other person or persons whether as principal or surety on any banking
account or loan account or upon any discount or other account or for any other er or thing including the usual banking
charges and may be retained and at any me without no ce to the Applicant be applied by the Bank in or towards payment or
sa sfac on of any such indebtedness or liability whether presently payable or not.
(d) The Bank will be en tled without further no ce to the Applicant at any me and from me to me to apply the whole or
any part of the Cash Collateral thereon in repayment of the whole or any part of the Applicant’s then indebtedness to the Bank
of the said advances and/or nancial accommoda on for principal, interest, costs and charges (legal or otherwise and of any
nature whatever) and may so apply the whole or any part of such amount un l the Applicant’s obliga ons are fully se ed.

e) Every such applica on of the Cash Collateral shall to the extent of the amount so applied discharge the indebtedness to the
Bank in respect of the Cash Collateral in all respects as if the amount so applied had been paid to us personally and accepted by
the Bank as payment in whole or in part (as the case may be) of the amount due or accruing to us in respect of the said Cash
Collateral.

(f) Un l such me as all present or con ngent indebtedness of the Applicant to the Bank of whatsoever nature or kinds is discharged
in full, the Applicant shall not be en tled to call for payment of or to be paid the whole of or any part of the Cash Collateral and
the Bank shall be under no indebtedness to the Applicant in respect thereof.
(g) The Cash Collateral referred to herein may be, if realized, appropriated against any indebtedness of the Applicant to the Bank,
at the Bank’s sole discre on notwithstanding that such indebtedness may be expressed in a currency other than the currency
received by the Bank in realiza on thereof. In the event that the Bank demands payment of any indebtedness of the Applicant,
the Bank reserves the right, at its sole discre on, to switch any foreign currency indebtedness by the Applicant into Uganda
Shillings at the rate ruling at the day of such switch. In exercising the rights to switch foreign currency indebtedness of the
Applicant into Uganda Shillings, the Bank will not be liable for any losses incurred by the Applicant resul ng from exchange rate
fluctua ons.
(h) The Bank may at any me and without no ce whatsoever to the Applicant, combine or consolidate all or any of his/ their
exis ng accounts with the Bank and set-o or transfer any sum standing to the credit of any one or more of those accounts in
or towards the sa sfac on of any monies, obliga ons or liabili es of ours to the Bank whether those liabili es be presen t,
future, actual, con ngent, primary, collateral, joint or several.
10. Any no ce to be given hereunder to the Applicant shall be deemed to be duly served if le at the principal place of business of
the Applicant or if sent by post to the Applicant to the address hereinabove referred to provided that in the case of any notice served by
post such no ce shall be deemed to have been given and served e (5) days er pos ng provided further that proof is given that the
no ce was properly addressed and adequately stamped and put into the post. Email delivery to the Applicant’s email address shall
cons tute su cient no ce.
11. No failure or delay by the Bank in exercising any right, power or privilege shall impair the same or operate as a waiver thereof nor
shall any single or par al exercise of any right, power or privilege preclude any further exercise thereof or the exercise of any other
right, power, or privilege. The rights and remedies herein provided are cumula ve and not exclusive of any rights or remedies
provided by law.
12. Each of the provisions of these Terms and Condi ons is severable and dis nct from the others and if at any one me one or more of
such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
hereof shall not in any way be a ed or impaired thereby.
13. These Terms and Condi ons shall be unlimited as to amount or dura on.
14. These Terms and Condi ons are con nuing to any amendments to the guarantee pending its extensions
15. All complaints may be made in person in any Equity Bank Branch, in wri ng, email to info@equitybank.co.ug or by telephone on
0312327000. The Bank take all reasonable measures to resolve all complaints within a reasonable me.
16. These Terms and Condi ons shall be governed, construed and interpreted in accordance with the laws of Uganda.
17. Any dispute arising out of or in connec on with these Terms and Condi ons that is not amicably resolved between the Bank and the
Customer shall be referred to the exclusive jurisdic on of the courts of Uganda.

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OTHER GENERAL TERMS AND CONDITIONS
The following provisions supplement these Terms and Condi ons herein and shall apply to any guarantee that the Bank or its
Correspondent Bank issues on the Applicant’s Instruc on or otherwise on the Applicant’s behalf.
1. The Bank may arrange for the guarantee to be issued by any correspondent bank on such terms as the Bank or such Corresponding
Bank may decide. The Bank may issue a counter-guarantee or counter-indemnity in favour of such Correspondent Bank.
2. The following provisions apply to any guarantee The Bank or its correspondent bank issues on the Applicant’s instruc on or
otherwise on the Applicant’s behalf.

(a) The Bank or its correspondent bank may issue the guarantee on such terms as the Bank or its correspondent bank may decide
to give e ect to the instrument.
(b) If a demand is made under the guarantee, the Bank will no fy the Applicant as soon as reasonably p ble but the Bank
shall not be required to wait for the Applicant’s instruc ons to honour a claim under the guarantee.
(c) The Applicant will not in any circumstances claim that such payment was not due or should not have been made if the Bank or
its correspondent bank have to make a payment to any person pursuant to the terms of the guarantee.
(d) If the Bank issues a counter-guarantee or counter-indemnity in favour of any guarantee issued by a correspondent bank
and if the governing law of the guarantee is of a di erent jurisdic on from where we are located, the Bank may (at the
Applicant’s cost) obtain a legal opinion from a lawyer in the jurisdic on where the guarantee is governed, con rming the validity
and enforceability of the guarantee. The Bank may refrain from issuing the guarantee, Counter-guarantee or honouring any
demand made upon Us under the counter-guarantee or counter-indemnity in the absence of a sa sfactory legal opinion.

(e) The Applicant agrees to hold the Bank and its o cers and correspondents free from any responsibility for mistakes or delay
which may result in issuance of the guarantee.

In witness whereof the Applicant has hereunto subscribed his name, address and signature the day and ye rst herein before wri en.
I / We the undersigned con rm I / We have read and understood the terms of the Privacy Policy and hereby give express, unequivocal,
free, speci and informed authority to Equity Bank (Uganda) Limited and its a liates to collect, use and process my / our data as per
the policy provided at h ps://equitygroupholdings.com/privacy-policy/

To be signed as per account mandate held with the bank.

Authorized signatories of the Applicant

NAME SIGNATURE DATE

(1)

(2)

(3)

(4)

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