BANK GUARANTEE
TO,
Rocketry Box Private Limited
2/98, Azadgarh, Regent Park, Kolkata,
Kolkata, West Bengal, India, 700040
B.G. No.: -
Date: - [To be inserted]
Amount: - [To be inserted]
Valid up to: - [To be inserted]
Ref: Service Agreement for RB Franchise with effect from [insert the effective date] (the
“Agreement”).
Under the Agreement agreed between [insert the other Party’s name] having registered office
at [insert the address](hereinafter called the “Franchise”) and Rocketry Box Private Limited
having its registered office at 2/98, Regent Park, Kolkata, Kolkata, West Bengal, India, 700040
(hereinafter called the “Rocketry Box/you/your”), Franchise has agreed to be the Business
Partner to Rocketry Box on terms and conditions as agreed mutually between the
parties(hereinafter called the “Services”).
Pursuant to the said Services under the Agreement, Franchise has undertaken to produce an
unconditional and irrevocable bank guarantee for Rs. [Insert the Amount] (Rupees [insert the
amount in words] only) in favor of Rocketry Box for the due fulfillment of its obligations as per
the Agreement.
We [Insert name of the Bank providing the Guarantee], a bank incorporated under [applicable
law to be inserted] having its registered office at [insert the address] and branch office at
[insert the issuing branch address] (hereinafter called “Bank”, “we” or “us”) at the request of
Franchise, do hereby expressly, irrevocably and unconditionally undertake and guarantee as
principal obligors and not merely as surety on behalf of Franchise that in the event Rocketry Box
submits a written demand to us that Franchise has not performed according to the contractual
obligations included in the said Agreement or any loss/damage has been suffered by Rocketry
Box by reason of non-payment of any amount by Franchise, we will pay you on receipt of
written demand without demur and without reference to the Franchise any amount subject to a
maximum of Rs. [Insert the Amount] (Rupees [insert the amount in words] only) (“Guarantee”).
Your demand shall be conclusive evidence to us that such repayment is due under the terms of
the said Agreement. Payment by us to you will be made within seven days from receipt of your
written request making reference to this Guarantee and on demand.
This Guarantee shall not be revoked during its currency without your express consent and shall
not be affected by your granting any indulgence to Franchise, which shall include but not be
limited to postponement from time to time of the exercise of any powers vested in you or any
right which you may have against Franchise and to exercise the same in any manner at any time
and either to forbear or to enforce any covenant contained or implied in the Agreement or any
other course or remedy or security available to you, and we shall not be released from any
obligations under this Guarantee by your exercising any of your rights with reference to matters
herein or by reason of any other act or forbearance or other acts of omission or commission on
your part or any other indulgence shown by you or by any other matter or thing whatsoever
which under law relating to sureties would, but for this provision, have the effect of relieving our
Bank from its obligation under this Guarantee.
This Guarantee shall remain in force continuously till [insert the date till which the guarantee is
required] (hereinafter called the “Expiry Date”) with claim period upto [Claim period shall be till
one year after the expiry date] thereafter which the Bank shall be relieved and discharged from
all liability hereunder.
Unless a demand or claim under this guarantee is made on us in writing on or before [ Claim
Period to be inserted] or unless this Guarantee is extended by us all your rights under this
guarantee terminate upon the Claim Expiry Date and we shall be discharged from the liabilities
hereunder.
The Bank hereby waives all its rights of suretyship which are inconsistent with any of the
provisions of this Guarantee and the Bank will have no right of subrogation against Franchise
unless all obligations owed to Rocketry Box under the Agreement and under this Guarantee are
fully paid to Rocketry Box.
Notwithstanding anything to the contrary mentioned herein and without prejudice to the
Rocketry Box’s other rights under law or otherwise, Rocketry Box shall be entitled to charge or
receive interest from the Bank at the rate of 12% per annum in the event of the Bank’s failure
to pay the Guarantee amount within seven days from the date of receipt of written demand to
Rocketry Box and the Bank shall be bound to make such payment of interest for the period
commencing from date of receipt of demand till the actual date of settlement of claim in
addition to the amounts guaranteed to Rocketry Box.
The Courts of Pune alone will have jurisdiction over all claims arising on or relating to such
Guarantee. This Guarantee is governed by the laws of India.
This Guarantee shall not be affected or revoked by any change in the constitution of our Bank or
of Franchise or for any other reason whatsoever.
The Bank undertakes to pay to Rocketry Box any money so demanded notwithstanding any
dispute or before any court or tribunal relating thereto our liabilities under this Guarantee being
absolute and unequivocal.
The Bank lastly undertakes not to revoke this guarantee during its currency except with the prior
consent of Rocketry Box in writing.
Notwithstanding anything contained herein:
a) Our liability under this guarantee shall not exceed Rs. [Insert the Amount] (Rupees [insert
the amount in words] only)
b) The Bank, further declares that this bank Guarantee will be valid for [insert the validity
period] since [insert the date] up to [insert the date] (inclusive of claim period) and we
undertake to renew this Guarantee
IN WITNESS WHEREOF we [insert name of the Bank]., hereto affix our hand and seal on this
________________ day of _________________ Two Thousand ___________.
Signed and delivered for and on Witness:
on behalf of the above named
________________________ Bank
____________________________
Seal of the Bank