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1、APPLICATION FOR IRREVOCABLE DOCUMENTARY CREDITTo:Bank of China (Canada)Date:Please establish by mail full telex / SWIFT an Irrevocable Documentary Credit as follows:Documentary Credit No.Expiry date and place:ApplicantBeneficiaryAmount (in figures and words)Advising Bank (if any)Partial shipment all
2、owed not allowedTransshipment allowed not allowedPlace of Taking in Charge / of Receipt: Port of Loading / Airport of Departure: Port of Discharge / Airport of Destination:Place of Final Destination / of Delivery: Latest Date of Shipment: Credit available with nominated bank: at sight by payment by
3、negotiation at days after sight by negotiation after shipment date by deferred payment by acceptanceAgainst the documents detailed herein and beneficiary draft(s) drawn on credit issuing bankGOODS:Documents required: Signed Commercial Invoice(s) in _ copies. Full set of clean “on board” Ocean Bills
4、of Lading made out to Bank of China (Canada) / to order and endorsed in blank marked “Freight Prepaid” / “Freight to Collect” and notify applicant with full address. Clean Air Waybill marked “Freight Prepaid” / “Freight to Collect” consigned to Bank of China (Canada) / _ indicating the actual date o
5、f dispatch, flight no., airport of departure and airport of destination. Packing List in _ copies. Insurance Policy(ies) or Certificate in _ copies endorsed in blank for 110% invoice value showing claims payable at destination / _ and covering All Risk and War Risks / Institute Air Cargo Clauses (A)
6、 and Institute War Clauses. Canada Customs Invoice(s) in _ copies. Certificate of Origin / Certificate of Origin GSP Form A in _ copies. Export License in _ copies. Beneficiarys Certificate certifying that they have faxed and sent one set of non-negotiable shipping documents directly to applicant by
7、 courier service immediately after shipment effected. Applicants initial:OTHER TERMS AND CONDITIONS: All banking charges outside Canada including reimbursing charges are for account of beneficiary. All documents must be presented with _ days after shipment date but within the validity of this credit
8、. _ % more or less in quantity and amount of the credit is acceptable.“We acknowledge that this credit, if issued by you at our request, is subject to the terms and conditions of the Hypothecation of Term Deposit / “General Trade Finance Agreement given by us in your favour, terms and conditions att
9、ached to this application form, and the Uniform Customs and Practice for Documentary Credits (2007) Revision, International Chamber of Commerce Publication No.600.” Please debit our CAD / USD Account No. _ for your commission and charges. Please debit our CAD / USD Account No. _ as 100% / _ % margin
10、 deposit. For queries, please contact Mr. / Ms. _ at Tel No. _ _ Applicants Signature(s)FOR BANK USE ONLYSignature(s) Verified byAPPLICATION FOR IRREVOCABLE DOCUMENTARY CREDITTERMS AND CONDITIONSIN CONSIDERATION OF THE ISSUANCE BY BANK OF CHINA (CANADA) (the Bank) OF THE IRREVOCABLE DOCUMENTARY CRED
11、IT REOUESTED BY THE APPLICANT ON THE REVERSE HEREOF, THE APPLICANT HEREBY AGREES WITH THE Bank AS FOLLOWS:1.In this Agreement:“Applicant” means each party signing the Application for irrevocable Documentary Credit on the reverse hereof;Beneficiary means the party designated on the reverse hereof in
12、favour of whom or which the Applicant has requested the Bank to issue the Credit and, if the Credit is designated as transferable, each person to whom the Beneficiary transfers the Credit or part thereof;“Credit means the irrevocable documentary credit which the applicant has requested the Bank to i
13、ssue in substantial compliance with the instructions on the reverse hereof and the Banks usual practice and, to the extent that the Credit is transferable, each credit issued in transfer thereof;Drawing means any demand or request for payment under the Credit by a party entitled to make demand or re
14、quest whether by draft, telecommunication, written demand or other effective means;Foreign Currency means any currency other than Local Currency;Local Currency means currency at the country in which the Bank is situate.The expressions herein, hereof”, herewith” and this Agreement refer to the Applic
15、ation for irrevocable Documentary Credit on the reverse hereof and to these Terms and Conditions.2.The Applicant authorized the Bank to forward to the Applicant at the address on the reverse hereof by ordinary mail and at the risk of the Applicant a copy of the Credit, or in the case of a Credit est
16、ablished by telecommunication, a copy of such telecommunication or the Banks requisition thereof, and the Applicant shall be deemed to have received such copy on the fifth day following deposit thereof in the mail by the Bank.3.The Applicant hereby indemnities and agrees to hold the Bank harmless fr
17、om all losses, damages, costs, demands, claims, expenses and other consequences which the Bank may incur, sustain or suffer, other than pursuant its own negligence or wilful misconduct, as a result of issuing the Credit or enforcing or protecting the provisions hereof, including without limitation l
18、egal and other professional expenses reasonably incurred by the Bank and whether incurred in defending any action brought against the Bank to compel payment under the Creditor to restrain the Bank from making payment thereunder in any proceedings brought by or on behalf of the Beneficiary or the App
19、licant, or in any proceedings brought by the Bank against the Applicant, any guarantor of the Applicants liabilities lathe Bank hereunder or with respect to the Applicants or guarantors property charged or pledged to the Bank for the purpose of protecting, taking possession thereof, holding or reali
20、zing thereon, or otherwise in connection herewith.4. The Applicant shall provide the Bank with funds to meet Drawings under the Credit as follows:i)In the case of a Drawing payable on demand or at sight in Local Currency, the Applicant will pay an equal amount in Local Currency to the Bank on demand
21、 or, if required by the Bank, the Applicant will pay an amount in Local Currency sufficient to meet the maximum amount of the Drawing to the Bank in advance;ii)In the case of any other Drawing payable in Local Currency, the Applicant will pay the Bank an amount in Local Currency equal to the amount
22、of the Drawing not later than the business day prior to maturity.iii)In the case of a Drawing payable on demand or at sight in Foreign Currency, the Applicant will pay the Bank on demand the Foreign Currency or the equivalent in Local Currency of the amount paid thereon (calculated according to the
23、Banks selling rate on the date of demand for cable transfers in such Foreign Currency to the place at payment).iv)In the case of any other Drawing payable in Foreign Currency, the Applicant will pay the Bank the Foreign Currency or the equivalent in Local Currency of the amount of the Drawing (calcu
24、lated according to the Banks selling rate on the date of the Applicants payment for demand drafts in such Foreign Currency on the place of payment) not later than five business days prior to maturity.5.The Applicant shall pay the Bank on demand its commission in respect of the Credit at the rate est
25、ablished by the Bank for its customers in its current schedule of charges and in such currency as the Bank may determine to be appropriate and, without limiting the generality of paragraph 3 above, agrees to reimburse the Bank on demand for all charges and expenses incurred by it in connection with
26、the Credit.6.The Bank may charge all amounts payable to the Bank pursuant to the provisions hereof to any account the Applicant maintains with the Bank.7.If the Applicant fails to pay when due any amount payable by the Applicant hereunder or with respect hereto, then subject to the provision otherwi
27、se of any agreement in writing between the Applicant and the Bank, the Applicant agrees to pay interest on the daily balance of such amount calculated and payable monthly not in advance at a variable nominal rate per annum equal at all times to the Banks prime rate of interest for loans to its custo
28、mers in the currency in which the Applicant owes payment to the Bank. The Banks prime rate of interest for loans to its customers in the currency in which the Applicant owes payment to the Bank is the variable nominal rate per annum publicly announced by the Bank from time to time as its prime comme
29、rcial rate of interest for loans to customers of the Bank in such currency. If the Bank is required to make payment of the proceeds of the Credit into court or to otherwise make payment under the Credit such payment shall be treated as a Drawing under the Credit and the Applicants obligation to reim
30、burse the Bank and pay interest on such Drawing shall be the same as with any other Drawing made hereunder. The Bank shall credit the Applicant with any interest or reimbursement of principal it receives from the court or from any other person on account of the Banks payment into court.8.The Applica
31、nt promises and agrees that any and all warehouse receipts, bills of lading, policies or certificates of insurance or other documents referred to in the Credit or relating to the goods described therein (the “Documents”) shall be and the same and the proceeds thereof are hereby pledged and assigned
32、to the Bank, subject in the case of assignment of any policy of insurance to any requisite consent of the insurer, as collateral security for the payment of the indebtedness and liability of the Applicant to the Bank arising hereunder or arising out of its issuing the Credit and the Bank may realize
33、 upon the Documents in such manner, at such time or times, on such terms and at such price or prices as the Bank may consider advisable. The Applicant agrees to deliver and execute as necessary such financing statements and other documents as the Bank may require in order to effect, perfect, protect
34、 or give notice of its security interest in the Documents. Subject to the provisions of applicable law, the Bank may give the Applicant a notice of general intention to realize upon the Documents by way of selling the goods described therein within such time prior to sale as the Bank in its sole dis
35、cretion considers to be reasonable and such notice shall be sufficient in respect of any sale or sales of the goods or any part thereof the Bank makes after the date of such notice and no other notice of sale whether by mail, publication, advertisement, posting of public notice or otherwise need be
36、given at any time by the Bank and the goods or any part thereof may be sold by public auction or private sale or partly by each mode. Without limiting the generality of paragraph 3 hereof, the Applicant shall be liable to the Bank for all expenses reasonably incurred in connection with sale or attem
37、pted sale of the goods including expenses of taking possession of goods described in the aforementioned Documents, holding, repairing. processing, preparing for disposition and disposing thereof and legal fees end expenses associated therewith.9.If, in the opinion at the Bank, adequate insurance on
38、the goods described in the Credit is not provided by the Beneficiary, the Applicant shall insure the goods with the loss made payable to the Bank against such risks and with such companies as may be satisfactory to the Bank and shall deliver the relative policies or certificates of insurance to the
39、Bank.10.Except as otherwise expressly provided herein the Credit shall be subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision), International Chamber of Commerce, Publication No. 600 (“UCP), and without limitation thereof, neither the Bank nor its employees shall be re
40、sponsible for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any Documents received under the Credit, or for the general or particular conditions stipulated in such Documents or superimposed thereon or for the description, quantity, weight, quality, condition, packing
41、, delivery, value or existence of the goods represented thereby or for the good faith or acts or omissions, solvency, performance or standing of any consignor, carrier or insurer of such goods or any other person whomsoever, or for the consequences arising out of delay and/or toss in transit of the
42、Credit, any messages, letters or Documents or failure to carry out instructions the Bank, its agents or correspondents have transmitted, or for delay, mutilation or other errors arising in the transmission of any telecommunication or for errors in translation or interpretation of technical terms, or
43、 for the consequences arising out of the interruption of business by acts of God, riots, civil commotions, insurrections, wars, strikes or lock-out, or any other causes beyond the control of the Bank or its employees.11.The rights and powers conferred upon the Bank hereby are in addition and without
44、 prejudice to any other rights which the Bank may now or hereafter enjoy and the security provided hereby is in addition to and without prejudice to any securities of any kind which the Bank may now or hereafter hold for the account of the Applicant. The Applicant agrees to provide the Bank with suc
45、h further security as the Bank may require from time to time for the Applicants obligations hereunder.12.The provisions hereof shall apply to the Credit as varied from lime to time with the consent of the Applicant and other requisite parties and this Agreement shall be binding upon the Applicant an
46、d the Bank and their respective heirs, executors, administrators, successors and assigns. Notwithstanding any provision in UCP to the contrary, unless the Application on the reverse hereof expressly provides otherwise, the Bank may accept as complying with the terms of the Credit any Documents or instruments or both required by the Credit to be completed, signed, presented or delivered by a Beneficiary which has or have been completed or signed by a receiver, trustee in bankruptcy, assignee for the bene