Advance payment guarantee

Also called an advance payment bond. A contract under which the issuer undertakes to be responsible for the fulfilment of a contractual obligation owed by one person to another if the first person defaults. The issuer's obligation may be primary (as in an on-demand obligation or indemnity) or secondary (as in a guarantee). An advance payment guarantee or bond is typically used to underpin or guarantee the performance of a commercial contract, such as a contract for the sale of goods (where the buyer is the beneficiary) or a construction contract (where the employer is the beneficiary). For example, a buyer or employer may make down or advance payments to a seller or contractor to provide it with funds to purchase necessary materials or machinery or otherwise prepare itself to perform the contract. The buyer or employer will wish to ensure that if the seller or contractor fails (perhaps because of insolvency) to deliver the goods or perform the services in accordance with the contract then, at the very least, it can recover the payments made to the seller or contractor. The buyer or employer will, therefore, require the seller or contractor to provide an advance payment guarantee or bond for these payments. The guarantee or bond will provide that if the seller or contractor fails to meet its contractual obligations, the issuer will refund the advance payments made by the buyer or employer.

For more information, see Practice note, Bonds, guarantees and standby credits: overview: Advance payment guarantee or bond ( www.practicallaw.com/4-107-3649) .

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