Performance bond refers to: at the request of the labor party and the contractor (applicant), the bank and financial institutions to the owner of the project (beneficiary) to make a kind of performance guarantee commitment. Here are some templates that I have organized for you about performance bond commitment letter, I hope they are useful to you.
Performance Guarantee Commitment Letter Part I
To: China Railway Fourteen Bureau Group Limited Zhang Tang Railway Project Manager Department of the second work area
I voluntarily with your unit (hereinafter referred to as ? Party A?) Ltd. Zhang Tang Railway Project Manager Department of China Railway 14 Bureau Group, the second work area within the management of the project construction labor cooperation matters for discussion and agreement, and make the following commitments.
1, to ensure that the work undertaken by the project is not subcontracting or subcontracting, otherwise we are in breach of contract, we can pay the performance bond forfeited as a penalty.
2, to ensure compliance with the Party's leadership, scheduling and coordination, and to deal with the neighboring construction units to cooperate with the relationship, such as the construction program, schedule requirements and other aspects of the change or our reasons, to comply with the Party's adjustment of our tasks.
3, we promise that the project does not need to pay the advance payment, in the process of project payment, such as the owner of the Party can not be allocated on schedule, the Party's allocation to us can be equally deferred. Appropriation to take the monthly price checking way, we provide timely pricing information for the month, and agree that the price checking is for qualified and achieve good project payment, is validated by the Party and does not exceed the number of construction drawings to calculate the number of projects.
4, the duration of each delay of one day by the contract price of 0.1? to be penalized; more than 5 days, the duration of each delay of one day by the contract price of 0.5? to be penalized; more than 10 days, the Party will have the right to terminate the contract and according to the contract price of 5% down on the amount of completed work to be settled.
5, in the process of contract implementation, such as we can not guarantee the quality, safety, progress, Party A has the right to unilaterally suspend the contract, and does not bear any economic and legal responsibility; we guarantee that the time specified by the Party A to withdraw from the construction site, and compensation for the losses caused to the Party accordingly.
6, willing to sign the contract in the form of a comprehensive unit price agreed upon by both sides, the contract implementation period to ensure that the price is not adjusted.
7, our project leader and the person in charge of technology, machinery and equipment according to the agreed time on site. The project manager and the person in charge of technology, such as delay in the field, will accept the main equipment and the main personnel delay in the field of the penalty, that is, a fine of 500 yuan per person per day, machinery and equipment, such as delay in the field, a fine of 500 yuan per day per unit. The amount of the fine will be deducted from the contract performance bond. The fine is only a means to an end, but it does not exempt us from the responsibility of continuing to bring in the personnel and mechanical equipment.
8, our project leader to ensure long-term in the construction site, leave must be reported to the party responsible for the approval of the site, if there is no reason not to be on site, a fine of 500 yuan per day, deducted in the personnel performance bond.
9, we guarantee that the quality of the project to do the following:
(1), the quality of the project in line with the construction norms issued by the Ministry of Railways, regulations, quality standards and engineering construction standards, and accept the construction unit and supervision engineers to check, and to do a good job of hidden works visa procedures.
(2), must meet the technical requirements specified in the design drawings.
(3), the quality standard of this project is the current Ministry of Railways industry excellent engineering standards, quality objectives for the Ministry of Railways quality engineering, and strive to create a national award.
(4), the project quality warranty and maintenance methods, according to the state and the Ministry of Railways industry regulations.
(5), the completion of the acceptance criteria according to the Ministry of acceptance, the unit project a pass rate of 100% and meet the requirements of the construction project to create a good planning.
(6), if the quality does not meet the acceptance standards, all the losses caused by our unit.
10, we undertake to cause safety accidents due to our reasons, we bear all the economic and legal responsibility, and properly handle the aftermath of the work; will not occur due to the occurrence of accidents caused by improper handling of the aftermath of the situation on the party. Otherwise, we will be improperly handled to bear the economic losses caused by Party A and related legal responsibility.
11, in the implementation of the contract, to ensure that the Party's unified leadership to carry out all the work, in the owners, supervisors, the Bureau of finger, the relevant departments of the local government and other regulatory units in the business dealings, from the overall situation, and actively maintain the credibility of the work area.
(1), our preparation into a work class, into the Party unified management; according to the Party's requirements personnel uniform dress, machinery and equipment uniform identification. Personnel to accept the Party's unified organization of education and training before starting work, after passing the examination and obtaining a certificate to work.
(2), all laborers have signed a labor contract with us, and register, prepare a monthly wage scale, reported to Party A for review; and to ensure that under Party A's supervision, in accordance with the local labor department and Party A's requirements for the management of wages of migrant workers pay wages in a timely manner; in the event of arrears in the event of labor fees, we undertake that Party A has the right to terminate the contract of labor services, and to deduct the performance bond paid by us and other payables as laborers. As well as other payables as the release of laborers' fees, and bear all the economic losses and legal liabilities arising therefrom.
(3), we undertake to self-procurement of ground materials and ancillary materials of all the risks borne by us, to ensure that after the end of the project is not due to our procurement of materials caused by disputes affecting the Party, where our procurement of ground materials and other small materials and equipment and so on, any economic and legal responsibility, will be borne by us.
12, we agree that all the main materials and special materials (including but not limited to concrete, cement, sand, gravel, reinforcing steel, concrete additives, sheet rock, stranded steel, anchorage, bellows) by the Party unified organization of bidding procurement, self-purchase of materials suppliers need to be approved by the Party, if necessary, the Party has the right to specify the supplier.
13, in the construction process, we use the Party to provide material consumption shall not exceed the limit of material consumption
consumption, such as more than, we undertake to exceed the consumption of materials Party A according to the market price of 110% of the price in the current settlement of Party B deducted in the calculation of the price.
14, we are willing to unconditionally comply with Party A on the construction of the construction of environmental protection, soil and water conservation measures; occupational health and safety measures; labor organization plan; civilized construction, heritage protection and a series of measures conducive to the project.
15, if we fail to achieve the milestones in accordance with the requirements of the Party to achieve the goals or quality standards of the Party have the right to adjust the scope of our works and the amount of work, the right to replace the construction labor team, we guarantee that on time to withdraw from the construction site, all of our temporary equipment or machinery and equipment free of charge to the Party to the use of the project is completed to return without having to pay any fees.
16, we understand that due to the owner's capital allocation is not in place, the impact of land acquisition and relocation, design changes in the delay in the provision of documents, and undertake not to affect the progress of the project, quality.
17, we promise that once the contract is signed, the comprehensive unit price is no longer adjusted, if a loss occurs, by our own responsibility, and construction labor contract we only need to retain a copy of the work content of the construction project; due to third-party reasons for lost time loss, we promise to wait for the construction unit to be approved by the party compensation costs can be considered only after compensation, and no more than the cost of the approval of the construction unit, if the construction unit is not approved, then no compensation; the construction unit is not approved, then no compensation; the construction unit is not approved, then no compensation; the construction unit is not approved, then no compensation; the construction unit is not approved.
18, we guarantee that in the process of construction, all of our personnel without any one man-made nuisance, trouble, blocking the project department of Party A's work area, mixing station and Party A's vehicles and personnel events, otherwise, Party A has the right to immediately terminate the contract, and even submit the construction contract to the Court of the location of Party A's organs to prosecute, and at the same time, we bear all the economic and legal liabilities, and to ensure that the site is withdrawn from the construction site within 24 hours. We will take all the economic and legal responsibilities at the same time, and guarantee to withdraw from the site within 24 hours.
19, during the performance of the contract, we guarantee that at any time and in any place, we shall not abuse and insult the personality of Party A's staff, personal attacks and other violations and offenses. If the conflict occurs due to our reasons, Party A will refuse all work contacts with us, and confiscate the performance bond paid by it, and if the situation is serious, it will be dealt with by the public security and judicial organs in the place where Party A's legal organs are located to carry out the judgment.
20, this commitment, as signed? Engineering construction labor cooperation contract? One of the main contents.
Commitment:
February 2011
Performance Bond Commitment II
Commitment No.:
Commitment (I): ID card number:
I commit to the complete and unconditional implementation of the Henan Shunyu Water Conservancy and Construction Engineering Co. Construction Contract (Project Name: Contract No. ) of the entire contract.
I. Mode
Responsible for the formation of (hereinafter referred to as the project department), fully responsible for the establishment of the project department and project staffing. The company supervises and inspects the project according to the project. I guarantee that the project from the company to receive the Ministry of the project seal and the Ministry of the project financial seal, only as the project to organize the project information and for the project owner of the project payment procedures to use, not for other purposes. Otherwise, all the economic losses caused by this in addition to my responsibility, and willing to pay 3-5 million yuan to the company liquidated damages.
The project is fully responsible for my management and operation, self-financing. Bear all the resulting debt relationship and deal with all things related to it, and bear all the economic responsibility.
Second, the cost of extraction
The contract price of this project is RMB (￥ yuan). I will pay % of the total price of the final account of the project to the company and be responsible for the payment of all other taxes and fees. The company's proposed fee is based on the progress of payment in accordance with the proportion of the withdrawal.
Third, construction organization and quality standards
1, the implementation of this project, such as owners and supervisors of the competent authorities or to the company call letter complaints, the first time I to Henan Sunyu Water Conservancy Construction Engineering Co. Ltd. and compensate Henan Sunyu Water Conservancy Construction Engineering Co., Ltd. for the loss of reputation of 30,000-50,000 yuan. If the blacklist cannot be eliminated within the specified time, I promise to pay a one-time compensation of 3 million RMB to Henan Sunyu Water Conservancy Construction Engineering Co.
2. During the construction period of the project, I promise to obey the management of the project by Henan Sunyu Water Conservancy Construction Engineering Co., Ltd. and that the company has the right to supervise my performance of the construction contract and inspect the construction quality, safety, progress, civilized construction, construction expenses, payment of wages for the migrant workers, and construction data.
3, in order to ensure that the company's effective management of the project, I weekly and monthly in accordance with the company's engineering department shall be timely format of the project statement truthfully reported. Not in accordance with the provisions of the timely and effective reporting according to my delay in reporting time deferred to postpone the project payment.
4. I promise to construct the project in strict accordance with the design documents and relevant specifications, and to provide a complete set of original completion and acceptance data to Henan Sunyu Water Conservancy Construction Engineering Company Limited within 15 days after the acceptance of the project (subject to the date of signing the completion and acceptance report), and to hand back the seal of the project department and the financial seal of the project. If the completion and acceptance information is not provided in time, the payment for the project will be postponed according to the schedule. If complete completion and acceptance information cannot be provided, the payment for the project may not be settled. Warranty period of the quality of the deposit borne by me, the owner of the warranty deposit will be returned to the company, the company promptly returned to this commitment.
Fourth, the responsibility for safety
I am responsible for the development of construction safety measures, safety education of personnel entering the field, and to do a good job of safety and technical briefings. For construction personnel for insurance; responsible for the establishment of a sound security system, the production safety work is fully responsible. Ensure the implementation of safety measures to prevent the occurrence of various safety accidents. If a safety or quality accident occurs, I will assume full economic responsibility for the accident and pay 5% of the direct economic loss to Henan Sunyu Water Conservancy Construction Engineering Co.
V. Responsibilities and Obligations
1. I am responsible for providing the performance bond, advance payment bond funds, project payment of bidding deposit and performance bond must be paid through the company's basic account, such as not through the company's account or the owner does not require the payment of the performance bond, you need to pay the company not less than 50,000 yuan performance bond, performance bond, such as acceptance report of the completion of the project, project stamps back to the company. The performance bond will be returned to the company after the completion and acceptance report and the project chapter are handed back to the company. If due to my organization construction is not appropriate, to the company caused by economic or reputation (quality, safety accidents, default on wages of migrant workers, bad record, etc.) losses, the above funds as a reputational compensation to the company will not be returned.
2, I promise that if the relevant departments found and dealt with the project there is a dependence, lending qualifications, sale and purchase of contracts and other violations, all the economic penalties and compensation for me to bear the responsibility.
3, the owner of the project has been paid in accordance with the company's financial management system by me to provide the full amount of formal tax invoices transferred to my designated account.
4. I will provide the names and contact information of the participating units of the project in a timely and effective manner to ensure the smooth flow of project information. To the company's engineering technology department to provide the owner of the engineering section chief, quality inspection section chief, director, site supervisor, construction team foreman's phone.
5, I promise to enter the construction site in accordance with the unified requirements of the company set the gate, indoor and outdoor signs, civilized construction, in order to establish a good image of the company.
6, I am responsible for declaring the progress payment and settlement of the project.
7, responsible for bearing all the costs incurred by the company to the site personnel.
8. I will be responsible for the security and criminal cases occurring in the place.
9, if the owner requires the company to replace the project manager or construction team due to the quality and progress of the project, so that the company sends a working group to the project at the owner's request, the resulting rework, rush, deployment of the construction team and the company's on-site management personnel wages (according to the company's standards) and other economic responsibilities borne by me, the company can be extracted from me based on the original cost of the company and then increased by 5% management fee.
10, I guarantee that the content of this cooperation will not be subcontracted or illegal subcontracting others, otherwise, I bear all the resulting economic and legal responsibility. And I do not have the right and guarantee that the name of the company will not be the project as a mortgage, guarantee, loan. Otherwise, I bear all the resulting economic responsibility and failure to deal with and pay 5-10 million yuan to the company's liquidated damages.
11, if I have construction quality, safety, schedule lag, migrant workers wages in arrears and other issues, the company has the right to notify the owners and supervisors to deal with the above matters, and to stop payment of promises to the company's account of the project, I will bear all the economic responsibility that occurs.
Six, financial management and payment methods
After the project money into the company's account, the company's Engineering Department to provide the settlement of the project, the company's Finance Department after deducting the relevant costs to pay me (in principle, the promisor to meet the company's financial requirements no more than three days to transfer funds), earmarked for special purposes. All costs incurred in the settlement of the project shall be borne by me.
The financial management of the project is in line with the state and the company's financial management system. Reporting personnel in principle for my own; if entrusted to another agent, I have to bring myself and the agent's original ID card in advance for the entrustment procedures. The agent must provide the company with a real and effective power of attorney original.
When handling the project payment, provide 80% (the current withdrawal amount) of the valid legal full cost bills and 20% of the labor cost of legal information (including copies of valid ID cards, time sheets, payroll); otherwise, the company in the handling of the project payment disbursement procedures, the temporary withholding of the current settlement of 3% of the amount, I will be withheld from the date of the date of the seven working days to provide the company with the above information, if the expiration date, the company will no longer refund I will provide the above relevant information to the Company within 7 working days from the date of withholding, if the period is exceeded, the Company will not refund this amount as compensation to the Company.
VII, out of business card management
I undertake to handle the project at the latest 7 working days before the settlement to inform the company, the company went to the location of the organization to issue out of business card. I provide a detailed tax address (specific to the township), the issuance of out of business license in accordance with the provisions of the stamp duty paid by me, in order to avoid duplication of taxes paid by me to the local tax authorities.
Away from the business license period has arrived, but the project settlement has not been completed, before the expiration date for the local tax department to sign, stamped back to the company's financial department to renew the opening; if completed within the validity period of the away from the business license, so that the local tax department to sign, stamped and canceled online, returned to the company's Finance Department. Otherwise, all the consequences caused by this is my responsibility.
VIII. Disputes over breach of contract
I strictly abide by the performance of this commitment, if I can not perform in accordance with all the contents of the commitment and the contract price, I voluntarily agree to accept the company and the owner of the settlement of 70% of the price of the work I have completed and is responsible for the repayment of the project before all the money owed to the remaining 30% of the settlement of the project as I am to the Henan Shunyu Water Conservancy and Construction Engineering Co. Ltd. for liquidated damages. If there is any conflict between the above commitment and liquidated damages, the highest amount will be applied. Both the company and the individual have the right to file a lawsuit, and the court of jurisdiction will be the place where the enterprise is located.
IX. Composition of this commitment and the order of priority interpretation
1.
2, the annex to this commitment (relevant personnel documents).
3, construction schedule, construction organization plan.
4, the project company and the owner of the construction of the general contract.
5. Bidding documents.
This commitment by my signature (seal) after the entry into force, to the content of this commitment to fulfill the completion of their own expiration.
Undertaker: (seal)
Phone:
Date:
Performance Bond Undertaking III
Contractor's Performance Bond
(Name of Contractor):
WHEREAS, you, as the contractor, have signed a performance bond with (Name of Contractor) (hereinafter referred to as the ? Contractor?) (Name of Project) on the day of , (hereinafter referred to as?), you as the Contractor have entered into a Construction Contract (hereinafter referred to as the? Main Contract?) Upon the application of the Contractor, we would like to provide you with the following guarantee in the form of warranty for the Contractor's fulfillment of its obligations under the Main Contract:
I. Scope of Guarantee and Amount of Guarantee
The scope of our guarantee is the actual loss caused to you by the Contractor's failure to fulfill its obligations in accordance with the agreement of the Main Contract. The amount of our guarantee is % of the total contract price agreed in the main contract, and the maximum amount shall not exceed RMB Yuan (capital).
Second, the guarantee mode and guarantee period
We guarantee the mode: joint and several liability guarantee.
The period of guarantee is: from the effective date of this contract to the date of completion of the works agreed in the main contract within days. If you and the contractor agree to change the completion date of the project, the guarantee period will be adjusted according to the changed completion date after our written consent.
III. Forms of guarantee responsibility
We shall bear the guarantee responsibility in one of the following ways according to your request:
(1) We shall provide financial and technical assistance to enable the Contractor to continue to fulfill the obligations under the main contract, and the amount of payment shall not be more than the amount of the guarantee as stipulated in the first article of this guarantee.
(2 ) We shall compensate you for the loss within the guarantee amount stipulated in Article 1 of this guarantee.
IV. Arrangement of Reparation
If you request us to assume the guarantee responsibility, you should send us a written notice of claim and the supporting materials of the contractor's failure to fulfill the obligations agreed in the main contract. The notice of claim shall state the amount of the claim, the account number to which the payment shall be made, and shall be accompanied by documentary evidence of the loss caused to you by the contractor's breach of the main contract.
If you make a claim for breach of contract on the grounds that the quality of the works does not comply with the standard agreed in the main contract, you should also provide the quality statement issued by the quality inspection department that meets the requirements of the corresponding conditions.
Upon receipt of your written notice of claim and the corresponding supporting materials, we will undertake the guarantee responsibility in accordance with the commitment of this guarantee within the working days after the approval.
V. Release of guarantee responsibility
1. If you do not claim guarantee responsibility to us in writing within the guarantee period of this guarantee, our guarantee responsibility will be released from the day after the guarantee period expires.
2. If the contractor fulfills the obligations according to the main contract, the guarantee responsibility will be released from the day after the expiration of the guarantee period.
3. When the amount paid by us to you for the fulfillment of the guarantee responsibility in accordance with this guarantee reaches the amount of this guarantee, the guarantee responsibility shall be discharged on the date when I pay to you (the payment is transferred from our account).
4. In accordance with the provisions of laws and regulations or other circumstances that should be relieved of our guarantee responsibility, our guarantee responsibility under this guarantee shall also be relieved.
After we release the guarantee responsibility, you should return the original copy of this guarantee to us within one working day from the date of release of our guarantee responsibility.
Sixth, exemption clauses
1, due to your default caused by the contractor can not fulfill their obligations, we do not assume the responsibility of guarantee.
2, according to the provisions of laws and regulations or you and the contractor's other agreement, exempt the contractor from part or all of the obligations, we also exempt its corresponding guarantee responsibility.
3. If you and the Contractor agree to change the main contract (except for the change in accordance with Clause 15 of the main contract), and if the Contractor's liability is increased, resulting in the increase of our guarantee liability, you have to obtain our written consent, otherwise we will not bear the guarantee liability for the increased part.
4. If the Contractor is unable to fulfill its obligations due to force majeure, we shall not be liable for the guarantee.
VII. Settlement of disputes
Disputes arising from this guarantee shall be resolved through consultation between you and us, and if the consultation fails, through litigation, with the court of jurisdiction being the court.
VIII. Effectiveness of the Letter of Guarantee
This Letter of Guarantee shall come into effect on the date when it is signed or sealed by our authorized representative (or his authorized agent) and delivered to you.
The delivery referred to in this Article means: .
Guarantor (financial unit): (seal)
Legal representative or his authorized agent: (signature)
Address:
Zip code:
Phone:
Fax: Monthly
Remarks: The form of this Performance Guarantee may be in any other format agreed by the Contractor, but the relevant contents shall not be contrary to the contract documents. However, the relevant content shall not be contrary to the substantive content of the contract documents.
Remarks