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What can make a genuine claim fail under a guarantee?
Understand what a beneficiary normally needs to present and why timing matters.
The guarantee states what a demand must contain, where it must be presented and whether supporting documents or statements are required.
For a URDG 758 demand, the rules generally require a supporting statement indicating in what respect the applicant is in breach, unless the relevant rule exception applies. The actual guarantee wording must also be followed.
A demand must be presented before expiry and at the place/method allowed by the guarantee. A valid underlying complaint does not rescue a late or non-complying presentation.
Some guarantees allow or encounter a demand asking the guarantor to extend the guarantee or pay. The exact rule and guarantee wording must be read carefully.
What can make a genuine claim fail under a guarantee?
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