You are on page 1of 2

Standard Chartered

Discounting Request based on Negotiable Instrument

Standard Chartered Bank, Indonesia (the “Bank”)


Trade Operations Department
Date : 1st May 2013
Bank Ref :

DISCOUNTING REQUEST AGAINST BUYER RISK OF : □ Bill of Exchange □ Promissory Note

PT. MANNA JAYA

Address Jl Belibis no 06 Kanaan, Bontang Barat, Bontang


Contact Person:Wilhelmina Adiphoetra Phone: 082125430431
Drawee/Maker:

PT PAMAPERSADA NUSANTARA

Processing instructions

(a) provided the terms and conditions of the Bill of Exchange / Promissory Note are acceptable to the Bank, please
negotiate/discount /advance loan on, as appropriate, the Bill of Exchange / Promissory Note against buyer risk of PT
Pamapersada Nusantara, which will be submitted from time to time to the Bank, until our further notice.

(b) if applicable, present the Bill of Exchanges to the buyer for acceptance.

(c) in respect of the negotiation/discount/advance loan, please remit/pay/credit the proceeds of Bill of Exchange /
Promissory Note less the discounting fees or any other charges:
□ To our A/c No. _________________________________
□ Telegraphic transfer of the funds to our account with:
Account Name PT MANNA JAYA Account Number 0612197504 at Bank BNI Cabang Bontang

□ To repay: ________________________________________________________________
□ Other instructions: _________________________________________________________
(d) protest for non payment / non acceptance by the buyer.

(e) if the terms and conditions of the Bill of Exchanges / Promissory Notes are not acceptable to the Bank and/or any
documents presented do not comply with the terms of the Bill of Exchange / Promissory Note, please return the
documents to us at our sole and entire risk.

We confirm that we agree to the terms and conditions set out in page 2 of this document.

_________________ Fernandes. TP
Signature verified Company stamp and Authorized Signature

1/3

© Copyright 2008 – 2009 Standard Chartered Bank. All rights reserved. 401398682.doc
Standard Chartered
Discounting Request based on Negotiable Instrument

TERMS AND CONDITIONS

1. We will submit from time to time to the Bank, bill of exchange / promissory note for discounting without recourse to us together with,
where applicable, the original invoice, transport documents and contracts of sale.

2. In consideration for the purchase or discounting of the bill of exchange / promissory note, we hereby authorize the Bank, at its absolute
discretion and without our consent:
a. to take unconditional or conditional acceptances of the bills of exchange / promissory note (including acceptances for honour) and/or
extend the due date for payment thereof upon such conditions as the Bank deems appropriate;
b. to accept full or partial payment from buyers or acceptors before maturity under rebate or discount; and
c. to commence any legal action or proceedings in our name if necessary.

3. We represent and warrant to the Bank that:


a. the bill of exchange/promissory note is valid, binding and legally enforceable under the terms thereof;
b. in the case of a bill of exchange, it has been duly accepted/made by duly authorized signatories on behalf of the buyer;
c. the bill of exchange /promissory note has been duly indorsed to the Bank by duly authorized signatories on our behalf;
d. we have no obtained and shall not obtain any other financing against the bill of exchange / promissory note and we are not aware of
any other reason which may jeopardize the Bank’s rights and remedies under the bill or exchange / promissory note;
e. we shall hold on trust for the Bank and promptly remit to the Bank any monies received by us from the buyer in respect of any bill of
exchange/promissory note; and
f. we will provide our full and diligent co-operation, including the execution of any documents, affidavits, powers of attorney, in any
action or proceedings commenced (whether in our name or not) to enforce or obtain payment from the buyer.

4. Notwithstanding any other term in this agreement, we agree to indemnify the Bank and its successors and assigns in full and at all times
to keep the Bank fully and completely indemnified from and against all losses of whatsoever nature and description which may be made
or incurred or suffered by the Bank directly or indirectly in relation to the bill of exchange / promissory note arising from:
a. failure to pay by the buyer on the maturity date of the bill of exchange / promissory note:
i. by reason of a court injunction; or
ii. as a result of or in connection with a commercial dispute between the buyer and Us; or
iii. by reason of an allegation of fraud on Our part being made by the buyer; or
b. any tax, fee or other payment paid or payable by the Bank by reason of the Bank holding or exercising any of its rights in respect of
the bill of exchange / promissory note.
Without prejudice to the foregoing, the Bank is entitled to reverse / debit any payment by the Bank to any account we maintain with the
Bank.

5. We irrevocable consent to the disclosure by the Bank, its officers and agents, in any manner howsoever, of any account information
(including any personal data) relating to us including but not limited to details of our facilities, any securities taken, transaction undertaken,
our account balances and deposit with the Bank to (i) its head office, any of its representative offices, documents checking and
processing centers, branch offices in any jurisdiction, related corporations (the “Permitted Parties”), (ii) professional advisers and service
providers of the Permitted Parties, (iii) any actual or potential assignee, novatee, transferee or participant in relation to any of the Bank’s
rights and /or obligations under any agreement; and (iv) any rating agency, insurer or insurance broker and any direct of indirect provider
of credit protection to any Permitted Party and (v) any court or tribunal or regulatory, supervisory, governmental or quasi-governmental
authority with jurisdiction in any jurisdiction.

6. Unless the underlying contract of sale is on an open account basis, this application is subject to Uniform Rules for Collection (1995
Revision), International Chamber of Commerce Publication No. 522 (“URC 522”) or the latest version of Uniform Rules for Collections of
ICC Publication which is applicable on the date of the application. For the avoidance of doubt, where there is inconsistency between the
terms and conditions herein and the provisions of URC 522, the latter shall be deemed to be expressly excluded to the extent of such
inconsistency.

7. The agreement between us and the Bank contained in or evidenced by the foregoing terms and conditions shall be governed and
construed in accordance with the laws of the Republic of Indonesia and we agree to submit to the non-exclusive jurisdiction of the Rules
of Arbitration of Badan Arbitrase Nasional Indonesia (“BANI”). The arbitration will be conducted by arbitration tribunal consisting of 3
(three) members which will be appointed in accordance with said rules. The language of the arbitration shall be English. The decision of
the arbitration tribunal shall be final and binding upon the Parties.

8. Unless stated otherwise in this agreement:


a. a person not a party to this agreement has no right to enjoy or enforce any benefit under it; and
b. the consent of any person not a party to this agreement is not required to amend such agreement.

2/3

© Copyright 2008 – 2009 Standard Chartered Bank. All rights reserved. 401398682.doc 3/3

You might also like