1. Introduction
These Terms and Conditions govern the issuance of Bank Guarantees (BG) and Standby Letters of Credit (SBLC) by Subcontracts India (“Issuer”, “we”, “our”, or “us”) to its customers (“Client” or “you”). By engaging with us for the issuance of BG/SBLC, you agree to comply with these terms in full.
2. Definitions
- Bank Guarantee (BG): A financial instrument issued by a bank or financial institution guaranteeing payment on behalf of a client in the event of the client's default on contractual obligations.
- Standby Letter of Credit (SBLC): A document that provides a guarantee of payment by the issuing bank in case the applicant fails to meet contractual obligations.
3. Eligibility and Compliance
3.1 Know Your Customer (KYC)
Clients must provide all required KYC documentation, including but not limited to proof of identity, proof of address, financial statements, and corporate documentation (if applicable). Enhanced due diligence may be required for compliance.
3.2 Compliance with Laws
The issuance of BG/SBLC must comply with all applicable laws, including anti-money laundering (AML) and counter-financing of terrorism (CFT) regulations.
3.3 Client Representation
You represent that the funds or assets backing the BG/SBLC are of legitimate origin and not subject to legal disputes or restrictions.
4. Application Process
- Submission of Request: Clients must submit a formal application specifying details such as the type of instrument, face value, purpose, and beneficiary details.
- Assessment and Approval: Applications will undergo internal review for feasibility, risk, and compliance checks. Approval or rejection will be communicated within a specified timeline.
- Documentation and Execution: Upon approval, a draft of the BG/SBLC will be shared, finalized, and issued after payment and collateral submission.
5. Fees, Costs, and Payment Terms
- Issuance Fees: A non-refundable application fee and other charges must be paid as per the fee schedule provided.
- Collateral Requirements: Issuance may require collateral, such as cash deposits or pledged assets, agreed upon in a separate agreement.
- Payment Schedule: All fees must be paid in advance or as per the agreed schedule prior to issuance.
6. Validity, Usage, and Renewal
BG/SBLC will be issued for a specified period. Renewals or extensions must be requested 30 days before expiration and are subject to fees and compliance checks.
7. Timelines
- Preliminary Review: 7 business days from submission.
- Draft Preparation: 10 business days following approval.
- Issuance: 5 business days after payment confirmation and submission of collateral.
8. Liability and Indemnification
The Issuer is not liable for losses arising from force majeure or the Client's non-compliance. The Client indemnifies the Issuer for any misuse or false representation.
9. Contact Information
For inquiries, please contact us at [email protected]
Visit our website: www.subcontractsindia.com