- Performance Guarantee is an agreement between a Client and a Contractor
- Bank Offer a guarantee to the client on behalf of a contractor.
- Bank will assure the client that work will be done as per the agreement.
- There are two types of Performance Guarantee – Advance Payment Guarantee and Tender Guarantee.
Definition of Performance Guarantee
Performance guarantee is the agreement between a client and a contractor to assure the client to perform the contractor’s obligation as per agreement.
In this respect, the Bank gives an undertaking to its client that contractor will do their job as per agreement. If the contractor fails to perform his duties as per contract, the bank will pay the damage up to the guaranteed amount. This guarantee might include a clause to protect the client against the losses incurred if the contractor fails to perform.
Types of Performance Guarantee
There are different types of guarantees that a bank will offer to its clients and parties. Following two types of Guarantee are very familiar and commonly used in the corporate field. These two are:
Advance Payment Guarantee
Advance taken from the buyer is a very common practice in today’s business. In this respect, the bank provides a guarantee to the buyer that the money given by him to the seller against advance payment to deliver the required goods. If the seller fails to comply with the requirements mentioned in the sale agreement, the seller will be liable to back the amount to the buyer. The Bank offered the guarantee to back the advance payment for non-compliance with the conditions.
This guarantee is also referred to as the ” Bid Bond” guarantee. Both in International Tender and Local Tender, this guarantee is used where a contractor/supplier is obliged to comply with the conditions as mentioned in the agreement.
Finally, we can say, Performance Guarantee is the bond that gives the security of work and safeguards the company from probable losses that may arise from quality issues. Performance guarantee assures regarding the certain level of performance of the product or the services are delivered, commissioned, installed, etc.
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(Last updated on: 06.09.21)