What is an Advance Payment Guarantee?
An advance payment guarantee (APG) is a financial instrument issued by a bank or financial institution on behalf of the buyer (applicant) to the seller (beneficiary). It ensures that the seller receives payment in advance for goods or services to be delivered in the future. If the buyer fails to fulfill their contractual obligations, the bank guarantees to reimburse the advance payment made to the seller.
An advance payment guarantee is also called an advance payment bond (APB). The instrument is common in construction, import, export, heavy equipment purchases, bulk orders, and domestic transactions. Without the advance payment bond, the buyer faces prepayment risks. If the seller defaults, the buyer incurs heavy losses.
Key Features:
- Security for Sellers: Ensures sellers get paid upfront.
- Buyer Assurance: Buyers are assured that their advance payment will be returned if the seller fails to deliver as agreed.
- Reduced Risk: Mitigates the risk of non-performance by the seller.
Typical Usage:
- Construction Projects: To ensure funding is available for project initiation.
- International Trade: For securing initial payments in large trade deals.
Process:
- Issuance: Buyer requests the guarantee from their bank.
- Payment: Buyer makes the advance payment to the seller.
- Fulfillment: Seller delivers goods/services as per the contract.
- Reimbursement: If the seller defaults, the bank reimburses the buyer.
Bonds & Guarantees
Performance Bonds: Bonds and Guarantees are services that support your business by demonstrating your credit-worthiness and ability to meet contractual obligations.
Features Tenor is usually for one year or less. Bonds and Guarantee are both multi-currency documents and can be for any amount. Available as SBLC/APG/Performance Bond, Bid Bond Benefits Allows flexibility on negotiating contract terms Funds can be used to support working capital requirements
Bid Bonds: Bid Bonds are part of documentary requirements to obtain contracts. We offer this service in a manner that gives our clients a competitive advantage over others.
Advance Payment Guarantees: The Advance Payment Guarantee serves as a guarantee to principal contract employers to enable our borrowing customers (Contractors, suppliers, developers, etc) secure release of an advanced payment of the contract value (in part or full) for execution of project / works according to technical specifications.
Bank Guarantees: Bonds and Guarantee are services that support your business by demonstrating your credit-worthiness and ability to meet contractual obligations
Custom Bond: Custom bonds are offered to service customers specific requirements of the port authorities and customs service.
Importation Bonds: These are bonds issued to support imports and other requirements from the port.
Advance Payment Guarantee vs Performance Bond
Now let us look at the comparison of the advance payment guarantee vs performance bond to distinguish between the two.
- Advance payment bond agreements are used to recover advance payments. In contrast, performance bonds ensure contractual obligations. Financial guarantees mitigate contract breaches.
- When there is a contract breach, the damage extends beyond the prepayment. Yet, the advance payment bond only recovers the advance. In contrast, performance bonds ensure compensation for the damages—additional losses caused by the contract breach (failure to complete a task).
- If a manufacturer fails to produce agreed-upon goods, the buyer can recover the prepayment using an advance payment guarantee. Performance bonds go a step further. If the manufacturer fails to complete the order, the manufacturer is liable to pay the cost of the complete order.
Key Differences Between APG and Performance Guarantee
While both APGs and Performance Guarantees are financial instruments used to mitigate risks in business transactions, several key differences set them apart:
1. Purpose: The primary purpose of an APG is to protect the principal’s advance payment, while a Performance Guarantee aims to ensure the satisfactory completion of the project or contract.
2. Timing: An APG is typically issued before the project or contract commences, guaranteeing the refund of the advance payment if the contractor defaults. Conversely, a Performance Guarantee is issued after the contract is awarded and guarantees the contractor’s performance during the execution of the project.
3. Claim Trigger: In an APG, the trigger for a claim is the contractor’s failure to perform or fulfill their obligations. On the other hand, in a Performance Guarantee, the trigger for a claim is the contractor’s non-performance or breach of the contract terms.
4. Coverage: An APG covers the advance payment amount, ensuring its refund in case of default. In contrast, a Performance Guarantee typically covers a percentage of the contract value, providing compensation for losses incurred due to the contractor’s non-performance.
General Credit Finance and Development Limited is a provider of advance payment guarantees. When a buyer or employer makes advance payments to a seller or contractor, these funds are often needed for purchasing essential materials or preparing to fulfill the contract. To protect against potential failure—such as insolvency—that might prevent the seller or contractor from delivering goods or services as agreed, the buyer or employer will require an advance payment guarantee. This guarantee ensures that if the seller or contractor defaults on their obligations, the issuer will refund the advance payments made.
Real-World Example of Advance Payment Guarantee
Scenario:
PT Ambang, a mining company in Indonesia, secures a contract to supply 50,000 metric tons of coal to ChinaSteel Ltd., a steel manufacturing company in China. To start the project, PT Ambang needs to purchase heavy machinery and materials.
Action:
ChinaSteel Ltd. makes an advance payment to PT Ambang to fund the purchase of the necessary equipment. To safeguard this advance payment, ChinaSteel Ltd. requires PT Ambang to provide an advance payment guarantee.
Implementation:
PT Ambang approaches General Credit Finance and Development Limited to issue an advance payment guarantee. This guarantee assures ChinaSteel Ltd. that if PT Ambang fails to deliver the coal as per the contract terms, possibly due to insolvency, General Credit Finance and Development Limited will refund the advance payment made by ChinaSteel Ltd.
Outcome:
With the advance payment guarantee in place, PT Ambang receives the funds to purchase the machinery and begins the project. ChinaSteel Ltd. is assured that their advance payment is protected, reducing the financial risk associated with the transaction.
Advance Payment – on demand
Name of address of beneficiary Guarantee no.
Amount Date of Expiry
At the request of (name and address of applicant), we hereby guarantee you irrevocably for the above maximum amount to secure refund of the advance payment that you have made to them in connection with the terms of a contract covering their supply to you of (description of goods/project).
Our guarantee will come into force when we receive the said advance payment, under reference to this guarantee, for placement at the free disposal of (name of applicant).
Your claim(s), if any, duly made and presented to us under the guarantee will be honoured on your first demand also stating that (name of applicant) have not fulfilled their above contractual obligations towards you.
Any demand for payment or request for extension under this guarantee must be made via authenticated SWIFT message through your bank confirming that the signatures on your signed written demand are legally binding upon your company.
Where we have received no such claim by (expiry date) at the latest, we stand released from our liability under this guarantee.
We will reduce the guarantee maximum by any such amount, as we have had to pay in order to meet your claim(s) duly made and presented under the guarantee.
When the guarantee expires, please return this document to us.
As already mentioned, an advance payment guarantee (APG) is a financial instrument ensuring that the seller receives an advance payment for goods or services. Issued by banks or financial institutions, the APG reimburses the buyer if the seller fails to fulfill contractual obligations. Common in construction, import/export, and large transactions, it mitigates prepayment risks.
APGs offer seller security, buyer assurance, and reduced risk of non-performance. The process involves issuance by the buyer’s bank, payment to the seller, delivery of goods/services, and reimbursement in case of default. General Credit Finance and Development Limited provides APGs, enhancing transaction security.