addressfor communication · • sblc/bg/pof letter and swift text: provide (if relevant) the swift...

Application Form - Guarantee/Letter of Credit

Service Type :

Date :Standby LC Documentary LC Bank Guarantee Other

Applicant

Tel No.: Fax No.:

Business Details

Business Name:

Address: E-Mail:

Contact Details Passport Details First Name: Last Name: Number: Issuer:

Tel No.: E-Mail: Date of Issue: Expiry:

Beneficiary

First Name: Last Name: Business Name:

Tel No.: E-Mail:

Business Address:

Address for Communication:

Country:

Passport

Number: Issuer: Date of Issue: Date of Expiry:

Beneficiary Bank Bank Name: Bank Tel No.: Address:

Account Name: Account No.:

Bank Officer: Bank Officer Email: SWIFT Code:

Numerical: Currency:

Amount and Currency of Guarantee

In Words:

Verbiage to be Issued Applicable Rules

Provided VerbiageForeign Bank Standard Verbiage

Law Clause as per verbiage provided

Beneficiary Applicant Agent/Contact Method of Delivery

Telex/SWIFT

Validity

From: Date of Issue Fixed Date: Until: Event Fixed Date

Last Date for Claims

Other :

BWI Verbiage Other URDG URDG 758

Same as Expiry

If other please specify:

Recorded Courier

Guarantee Details

Receiving Bank

BWI Account #:

Bank Of West Indies | Enterprise House, 1 Enterprise Way, Enterprise Zone, Banjul, Republic of The Gambia | BankOfWestIndies.com


Freight: Insurance: Partial Shipments: Trans- shipments: Terms:

Transferable:

Notes and Other Conditions:

Transaction Details

Details of Tender/Order/ Contract

Contract Reference No.

Guarantee value as % of contract value: %

Description of goods or services:

Agent/Contact Details

Issuing Bank (if different than BWI)

Name: Address:

Shipment Information (For Import /Export Transactions Only)

Expiration Date: Latest Shipment Date:

Shipping Medium

Land Air Sea

Merchandise Description:

Additional Import/Export Information

Collect Buyer

Not Allowed

Not Allowed

FOB CIF CFR DDP

Yes No

Agent/Contact

Other :To Collect To be advised of issue

Order Dated

Address:

Prepaid Seller

Allowed

Allowed

Name:

Shipping From: Shipping To:


ALL ORIGINAL ACCOUNT OPENING DOCUMENTS AND APPLICATION DOCUMENTS MUST BE SUBMITTED TO BANK VVITHI N 10 BANKING DAYS AFTER ACCOUNT OPENING

ADDITIONAL DOCUMENTATION REOUIRED

Please attach the following documents when submitting your application:

• Companies: Corporate applicants must provide a Certificate ofIncorporation or Certificate of Good Standing, and Articles ofIncorporationAuthorized Persons Associated or authorized applicants must providePassport identification.

• Proof of Funds: All applications must provide a statementshowing the Funds available for payment of bank fees.All brokerFees are paid following the successful delivery ofthe Instrument.

Third Party Contracts: Provide any sales contracts, agreements,letters of Intent, etc. regarding the purposes transaction withThird parties.Short Summary of Business Plan

• Profile of Management Group• Non-Solicitation Non-Disclosure Statement• SBLC/BG/POF Letter and SWIFT Text: Provide (if relevant) the SWIFTtext required by the receiving Beneficiary Bank.

I Attest as a legally appointed director, member, executive, or otherwise legally authorized and appointed individual to the applicant company that the information inputted here with any and all attached documentation is true and correct to the best of my knowledge.

________________________ Authorized Digital Signature Full Name:Designation:Date:


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INDEMNITY

To: Bank of West Indies (“BWI”)

This Indemnity is given to BWI by the Indemnifying Party, referred to ad “I/we/us”, “my/our” or “Indemnifying Party” in this Indemnity.

In consideration of BWI issuing or arranging for the issue by another party (against BWI’s counter- indemnity) of the Guarantee requested in this Application, the Indemnifying Party and its successors and assigns hereby:

a) unconditionally and irrevocably agree to indemnify BWI or BWI’s successors or assigns againstall actions, proceedings, liabilities, claims, damages, losses, costs and expenses of whatevernature (including reasonable legal costs) in relation to or arising out of the Guarantee, includingbut not limited to BWI’s actual or attempted enforcement of its rights under this Indemnity, andto pay to BWI on demand all payments, losses costs and expenses suffered or arising therefromin the currency in which the same are incurred or if BWI so specifies the sterling equivalentcalculated at BWI’s spot selling rate prevailing at the time of demand by BWI under thisIndemnity; and

b) irrevocably authorize BWI or BWI ’s successors or assigns to make any payments and complywith any demands with may purport or appear to be claimed from or made upon BWI under theGuarantee without any further authority or reference and agree that any payment made shallbe binding on me/us and shall be accepted as conclusive evidence between us as to BWI’sliability to make such payment or comply with such demand; and

c) irrevocably authorize BWI or BWI ’s successors or assigns to: (i) debit any account I/we may havewith BWI for all such payments, losses, costs and expenses or provide BWI with funds to meetsuch payments; and (ii) in its sole discretion, with or without prior notice to us, from time totime, set-off, apply or combine any monies from time to time standing to the credit of any ofour accounts with BWI (whether in sterling or any other currency, and where necessaryconverted at BWI ’s spot selling rate prevailing at the relevant time in relation to the relevantcurrency) in and towards satisfaction of any indebtedness to BWI in respect of this Indemnity;and

d) agree the liability hereunder shall apply to:(i) any extension or renewal (whether in the same terms or not) of the Guarantee or any

other amendment and this indemnity shall remain valid until notification by BWI thatBWI is satisfied that it has no further liability under the Guarantee; and

(ii) BWI ’s payment to or failure to pay (as the case may be) a third party who makes ademand claiming (whether correctly or not) that it is the assignee or transferee of aGuarantee, in circumstances where a Guarantee is issued, at the Applicant’s request,without a full prohibition on transferability and assignability; and agree BWI may chargecommission from the date of issue until BWI is satisfied that it is under no furtherliability in connection with the Guarantee and acknowledge that this period may extendbeyond the stated expiry of the Guarantee

e) agree that if BWI uses the services of another party for the purposes of giving effect to theApplicant’s instructions, BWI shall do so for the applicant’s account and at the Applicant’s risk


and that BWI shall assume no liability or responsibility should any instructions which BWI gives to any such other party not be carried out even if the choice of such other party was BWI ’s; and

f) agree, to the extent that the indemnifying Party is not also the Applicant and/or the Principal,that your rights hereunder shall not be impaired, discharged or otherwise affected by any timeor indulgence granted by you to the Applicant or any other person or by any liability of theApplicant or any other person or any security therefore being varied or released or by yourfailure to take or perfect any such security or by any other act, event or omission which would,but for this provision, discharge or otherwise affect any such rights; and

g) agree, to the extent that the Indemnifying Party is not also the Applicant and/or the Principal,that we will not, prior to your written confirmation that all liabilities of the Applicant to you inrelation to the Guarantee have been discharged finally and in full, take any security from theApplicant in respect of any liabilities the Applicant may have to us, nor shall we exercise, withoutyour written consent, any right or make any claim against the Applicant (including any rightof subrogation or to prove in any winding up), in each case arising by virtue of any paymentmade hereunder

This Indemnity is in addition to and not in substitution for any other indemnity of other security interest now or hereafter held by or available to you.

This Indemnity and any non-contractual obligations arising out of or in connection with it shall be construed and governed in accordance with the laws of St Lucia and shall be subject to the non- exclusive jurisdiction of the St Lucian courts.

“Guarantee” means a guarantee, bank guarantee, tender, due performance, facility or customs bond, advance payment, hold cover or other similar obligation to be issued, pursuant to this Application, by BWI or at BWI ’s request (supported by counter-indemnity by BWI in favour of such issuer, substantially in the wording specified (and, if applicable, incorporating any amendments to such wording which may be advised or are purported to be advised to BWI on the Applicant’s behalf).

This section for use by Bank of West Indies approving official only-after completion, forward to the Compliance Department…

This section for use by Bank of West Indies approving official only- after completion, forward to Compliance Department. Customer Account# Details: If this original form is confirmation of fax, tick box. If Open Ended (without expiry) prior approval from Compliance is required, tick box to indicate this has been obtained. Wording Reviewed - Reference I confirm that it is in order to issue this Guarantee, that all limits are in place and that all required documents are attached have been sent separately. Bank of West Indies Authorized Signatory:____________________________________________Name: Pin Number

COMMISION RATE Commission will be charged at the Bank's standard tariff from date of issue unless a special tariff, agreed with the International Business Manager/Product Management, is specified below. Direct Guarantee Issuance through a Correspondent Bank: Special Tariff Ref No_ Min. Comm

% Special Tariff Ref No Guarantee Issuance through : All-inclusive tariff Min Comm

plus tariff _ % if applicable.

Charging period (tick boxes): Advance After delivery


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