预付款保函是合同双方的一种合同担保，保证由订金人向承包人支付的预付款的偿还。预付款保函用于保护订金人免受承包人在收到预付款后未能履行合同义务的风险。以下是预付款保函常用的英文范本：
RE: Advance Payment Guarantee No. [Insert Guarantee Number]
Date: [Insert Date]
To: [Beneficiary Name] [Beneficiary Address] [Beneficiary City, Postal Code]
Dear Sirs/Madams,
This Advance Payment Guarantee (the "Guarantee") is issued by [Issuing Bank Name] ("the Issuing Bank") in favor of [Beneficiary Name] ("the Beneficiary") pursuant to the terms and conditions of the Contract No. [Insert Contract Number] (the "Contract") entered into between the Beneficiary and [Contractor Name] ("the Contractor") on [Insert Date] (the "Contract Date").
In consideration of the Beneficiary entering into the Contract with the Contractor and for good and valuable consideration, the receipt of which is hereby acknowledged, the Issuing Bank hereby unconditionally and irrevocably undertakes to pay the Beneficiary, upon the Beneficiary's first demand in writing, any sum or sums not exceeding the total amount of [Insert Guarantee Amount] (the "Guaranteed Amount"), which shall be due and payable to the Beneficiary under the terms of the Contract, including any interest or other charges due and payable thereunder. Such payment shall be made within [Insert Number] banking days of receipt by the Issuing Bank of the Beneficiary's written demand, accompanied by the following documents:
A statement by the Beneficiary that the Contractor has failed to perform its obligations under the Contract; A copy of the Contract; A statement of the amounts due and payable under the Contract;The Beneficiary hereby declares and warrants that:
It is duly organized and validly existing under the laws of its jurisdiction and has the power and authority to enter into the Contract; The Contract is valid and binding upon the Beneficiary and the Contractor; The Beneficiary has not amended, modified, or varied the Contract without the prior written consent of the Issuing Bank; The Guaranteed Amount is not greater than the amount of prepayment made by the Beneficiary to the Contractor under the Contract;This Guarantee shall be irrevocable and shall remain in full force and effect until the Beneficiary has been paid the full amount of the Guaranteed Amount. The Guarantee may only be used by the Beneficiary and may not be assigned or transferred to any other party without the prior written consent of the Issuing Bank.
This Guarantee shall automatically terminate and be of no further force and effect upon either of the following events:
The Beneficiary has received payment in full of all amounts due and payable under the Contract; The Issuing Bank receives a written request from the Beneficiary to terminate the Guarantee.This Guarantee shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. All disputes arising out of or in connection with this Guarantee shall be submitted to the exclusive jurisdiction of the courts of [Insert Jurisdiction].
Please sign and return a copy of this Guarantee to the Issuing Bank to acknowledge your acceptance of its terms and conditions.
For the Issuing Bank:
[Issuing Bank Official Name] [Issuing Bank Official Title] [Issuing Bank Name]
[Issuing Bank Address] [Issuing Bank City, Postal Code]
Signature: _______________________
Date: _______________________
We, the undersigned, hereby acknowledge that we have read, understood, and accepted the terms and conditions of the above Advance Payment Guarantee.
For the Beneficiary:
[Beneficiary Name]
Signature: _______________________
Date: _______________________
