I consideration of your opening or establishing from time to time
at my/our request such documentary credits as you, Demo Bank, Ltd., may, at your sole discretion, think fit,
I/we, the person(s) who signed or executed the form overleaf, hereby
agree that the following terms and conditions shall apply to all
such credits:
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I/We expressly authorize Demo Bank, Limited
(the “Bank”) to employ in the preparation of said OUTWARD GURANTEE
such terminology as the Bank deems consistent with clarity of
expression, usual banking practice, and my/our intent as set forth
herein.
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I/We acknowledge that this application and issuance of the B/G
are governed by the various rules and regulations issued and/or
amended from time to time by the competent authorities.
Notwithstanding your acceptance of this application, you are not
obligated to issue any B/G if I/we are not qualified to apply for
under such applicable laws and regulations. Furthermore, you may
reserve the right to alter or even delete any part or parts of
this application so as to be consistent with the applicable laws,
regulations and/or the license issued by the competent authorities
(if any).
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I/We authorize you to accept and/or pay for my/our account all
drafts and/or accompany documents purporting to be drawn under any
such credit.
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I/We undertake to fully indemnify you against all losses,
costs, damages, expenses, claims and demands whatsoever which you
may incur or sustain by reason of your opening or establishing any
such credit and to provide you with sufficient and cleared funds
in Australia/Hong Kong unless otherwise agreed to meet all payments
made by you or your agents and all drafts drawn or accepted by you
or your agents and the amount of all charges, commissions and
interest in connection with such credits and in connection with
the relative goods and I/we hereby authorize you to debit my/our
account or to deduct from the proceeds of our export bills with
you with such money on receipt by you of advice of payment or at
any time thereafter at you sole discretion.
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I/We undertake that all goods shall be fully insured against
all risks and that the insurance policies shall be assigned to you
as payee or beneficiary and that until full payment by me/us of
all amounts due to you in respect of credits opened and of all our
other indebtedness or liability to you on any account the
insurance money payable is to be held as available to you and if
received by me/us shall be paid to you forthwith and until so
fully paid shall be held by me/us in trust on your behalf. You are
entitled to take out insurance policies at my/our cost if I/we
fail to do so.
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All documents received by you or your agents under any such
credit and the goods represented thereby shall be held by you as
security in support for the due payment by me/us in respect of
credits opened and of all my/our indebtedness or liability to you
from time to time on any account. I/We agree to assign to you all
my/our rights as unpaid sellers to transfer the goods into your
control and that until full payment by me/us of such money due to
you the proceeds of the sales of the goods are to be held as
available to you and if received by me/us shall be paid to you
forthwith and until so fully paid shall be held by me/us in trust
on your behalf.
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On arrival of the goods you shall be at liberty for my/our
account to have them warehoused in your name and insured against
fire but without obligation on you so to warehouse and insure and
you will be in no way responsible for any loss or damage entailed
through your omission so to warehouse and insure. If I/we fail to
repay on demand all money due by me/us to you from time to time as
aforesaid you may without notice or further consent of any persons
interested sell the goods at such prices, in such manner and at
such times as you may think fit and I/we undertake to pay you
promptly on demand the amount of any deficiency remaining after
such sale together with all usual commission charges and expenses
and interest. Notwithstanding anything contained herein, you are
entitled to determine, at your sole discretion, how to apply the
net proceeds and money received from you.
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I/We agree that the rights and powers conferred by this
Agreement are in addition and without prejudice to any other
securities which you may now or hereafter hold for my/our account
and this Agreement shall continue in force and be applicable to
all transactions notwithstanding any Change in the individuals
composing my/our firm or otherwise.
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Except as far as otherwise expressly stated, Agreement and the
credits issued in pursuance thereof shall be subject to the ICC
Uniform Customs and Practice for Documentary Credits currently in
force.
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I/We agree to be bound by the conditions of the General
Customer Agreement for Trade Finance Business or other Agreement
with different name executed by us.
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I/We agree to deposit on demand being made by you at your sole discretion, cash margin or any other form of security approved by you.