You are on page 1of 5

PROPRIETORSHIP CONCERN

I, the undersigned, declare that I am the sole proprietor, of the firm M/s_____________________ and am solely responsible for the firm. I request and authorize you to honour all cheques, bills of exchange, promissory notes and other orders drawn, accepted or made by me, in the name of my firm on said account, whether the account 'be for the time being in credit or overdrawn. I agree that the bank may recover its claims from my personal assets as from the assets of my said firm. I further undertake to inform the bank in writing whenever any change occurs in constitution of the firm. I shall, however, continue to be personally liable to bank for all dues of my said firm until I receive from the bank an acknowledgement of my letter and all my liabilities to the bank as on the date of receipt of such notice by the bank are fully satisfied.

Signature of the Sole Proprietor

This Deed of irrevocable Guarantee made at Bathinda on the 2nd day of may 2CP12 by The Bank (Name ) Indian Bank branch Bathinda hereinafter called " The Bank"' (which expression shall, unless repugnant to the context or meaning thereof include its successors and assigns) of one part, in favour of Bosch Limited (formerly Motor industries Co. Ltd) a company incorporated under the Companies Act, 1913 having its Registered Office at Hosur Road, Adugodi, Bangalore- 56003Cand Sales office at T304, Sangam Tower, Church Road , Ml Road, Jaipur -302001 hereinafter called " 30SCH" (wnich expression shall, unless repugnant to the context or meaning thereof include its successors and assigns) cf !he Other parts. V|HEREAS 1. M/s New Luxmi Trading Co. a Sole Prop, concern having its principle place of business at bathinda (here'nafter called" Bank. 2. 3. 4. M/s New Lu;:mi Trading co. is desirous of purchaisng from BOSCH one or more of the proaucts manufactured or traded by BOSCH. BOSCH proposes to sell from time ti time goods to M/s New Luxmi Trading Co terms and condition as may be mutually agreed between the parties. M/s New Luxmi Trading Co. has agreed to furnish to BOSCH the security by way of Bank Guarantee for Rs. 5,00,000/- (Rupess Five lac) for and in connection with amount due by M/s New Luxmi Trading Co. to BOSCH for supply of goods by BOSCH to M/s New Luxmi Trading Co. 5. 6. Time is the essence of the contract between BOSCH and M/s New Laxmi Trading Co. In the above premises M/s New Luxmi Trading co. approached the bank to issue a Bank guarantee favouring BOSCh for value of Rs. 5,00,000/- (Rupees Five Lac) NOW THIS INDENTURE WITNESSETH as follow:1 We Indian Bank, Bathinda (Bank Name) Undertake to pay on demand forthwith to BOSCH a sum of Rs. 5,00,000/- (Rupees Five Lac) being an amount guaranteed by The Bank or any such sum not exceeding Rs. 5,00,000/) is a valued customer of The

(Rupees Five lac) without any demur merely on receiving a demand from BOSCH that the amount claimed is due, by way of non payment for the goods supplied or loss or damage caused or likely to be caused or suffered by BOSCH or by reason of any non performance or beach of any of the terms and conditions of the purchases from/supply of goods by BOSCH to M/s New Luxmi Trading co. and the demand made by BOSCH on the bank in connection therewith, shall be conclusive as regards the amount due and payable, by us under this guarantee. We shall forthwith on receiving such demand pay to BOSCH the said sum Rs. 5000/-(Rupees Five lac) any sum not exceeding Rs. 5,00,000/- (Rupees Five lac) as demanded by BOSCH without further enquiry with or confirmation by M/s New Luxmi Trading Co. or by/from any other source agency/agencies. The demand shall have to be delivered to Bank Name Indian Bank, bathinda. and the demand shall be signed by any authorized officer of BOSCH and the authority of the officer demanding the amount shall not be called in question. 2 Any demand so made on The Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee provided always that the Banker's liability under the guarantee shall not exceed Rs. 5000/(Rupees Five lac). The Bank as guarantor may be BOSCH all rights, defenses and pleas, which the bank, as guarantor may be entitled to. To give effect to this guarantee BOSCH may act as thought Bank Were the Principal debtors. 3 The Bank further agrees that BOSCH shall be sole judge whether M/s New Luxi'.fi Trading Co. has committed any breach or breaches of any of the terms and conditions of the purchases/supply of goods and to the extent of loss, damages, costs, charges and expenses suffered or incurred or could be suffered or incurred by BOSCH on account thereof. 4 The Bank further agrees that the Guarantee herein contained shall not be revoked during its currency and shall remain in force and continue to have full effect up to 01.05.2013 ( one year from the date of issue). The Bank further undertakes that BOSCH shall have the fullest libety without our consent or without affecting in any manner our obligation hereunder to vary any of the

terms & conditions of purchases/sale of goods, to extent further time of performance by M/s New Luxmi Trading Co. from time to time or to postpone for any time or from time ti time any of the power exercisable by BOSCH against M/s New Luxmi Trading co. and to forbear or enforce any such of the terms and conditions relating to the purchases/sale of goods and we shall not be relieved from our liablility by reason of any variation or extension being granted to M/s New Luxmi Trading Co. or for any forbearance act or omission on the part of BOSCH or any indulgence by BOSCH to M/s New Luxmi Trading Co. or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 5 6 The Bank further undertakes not to revoke this Guarantee during its currency except with the previous consent in writing from BOSCH. The Bank further agrees to extent the validity period of this guarantee for further period, sixty days prior to the expiry of this guarantee so that BOSCH is not left uncoveredJsy-Bgnk Guarantee for amounts that may be due by M/s New Luxmi Trading co. to BOSCH as on the terminal date of this Bank guarantee. 7. This guarantee shall not in anyway be effected by BOSCH taking or varying or giving up any securities from M/s New Luxmi Trading C./ ( or any other person firm or company on its behalf or by winding up of M/s New Luxmi Trading Co. 8. Subject to the maximum limit of Bank's liability and maximum period of bank liability as aforesaid, this guarantee will cover all BOSCH claim or claims against M/s New Luxmi Trading Co. and in respect of which BOSCH demand or notice in writing be received by the Bank. 9. This guarantee and the power and provision herein contained are in addition to and not by way of limitation of or substitution for any other guarantee or guarantees hereinbefore give to BOSCH by The Bank (whether jointly with other's or along) and now existing and that this guarantee is not intended is not intended to and shall not revoke or limit such guarantee or guarantes,

10.

This guarantee shall not be affect by any changes in the constitution of

M/s New Luxmi Trading Co. the bank nor it be affected by any changes in BOSCH constitution or of any amalgamation or absorption therof or therewith but it will ensure of or and be available to and enforceable by the absorbing or amalgamated company or concern, Further this guarantee shall not be effected or determined by the liquidation, voluntary or by any order of the court or by the amalgamation or reconstitution of M/s New Luxmi Trading Co. or BOSCH or the bank and notwithstanding any such act occurrence the bank's liability under this guargntee shall be irr3vocable, final and binding upon the bank. 11. This guarantee will remain valid upto 01.05.2013 (one year from the date of issue or before. 01.05.2013 this guarantee shall be forfeited and the bank be relieved and discharged from all liabilities under this guarantee. Notwithstanding anything herein. 1. Our liability under this Bank guarantee shall not exceed Rs. 5,00,000/- Lac (Rupess Five Lac) 2. 3. This Bank Guarantee shall be valid upto 01.05.2013 (here state the We are liable to pay the guarantee amount or any part thereof this date one year form the date of isse) guarantee only and only if you serve upon as a written claim or demand before. 01.05.2013. In witness whereof, the bank has executed these presents on the date and pale above written,.

You might also like