application for trust receipt - cimb thai€¦ · incurred, towards the payment of any sum that is...

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Confidential Version 1.0-20190129 Page 1 of 2 *The Customer hereby authorizes the Bank to fill in any amount, figure or information in relation to T/R Amount, T/R Loan Due and Interest Rate which such information shall be in accordance with the relevant of above underlying documents. APPLICATION FOR TRUST RECEIPT To: CIMB Thai Bank Public Company Limited Date ___________________________ From: ________________________________________________________________________________________________________ (the Customer) The Customer wishes to apply for the Trust Receipt (“T/R”) with CIMB Thai Bank Public Company Limited (the Bank) relating to the goods / service by the Customer pursuant to underlying documents and information specified below: T/R Currency & Amount* : _______ ___________________________________________________________________________________________________________ (__________________________________________________________________________________________________________________) Maturity Date* : _______________ Interest Rate*: ___________________ per annum payable on the Maturity Date or upon demand of the Bank. Details of Underlying Document for TR Letter of Credit (“L/C”) Domestic Letter of Credit (“DLC”)** LC No.* : _________________________________________ Bills for Collection (“B/C”) Bill No.* : __________________________________________________ Bill Maturity Date* : _________________________________________ Bill Currency & Amount* : _______ ______________________________________________________________________________________________________________ ( _____________________________________________________________________________________________________________________) Open Account Financing or SPTD/STL (BE-PN) against Trade Documents** : Invoice/Purchase Order/Contract No: ______________________________________________________________________________________________ Instruction for Bulk Payment (multiple beneficiaries) , or Invoice List or others, per attached ** For Customer applies for Domestic Letter of Credit (DLC) or Open Account Financing [SPTD/STL (BE-PN) against Trade Documents], please complete following payment instruction details. Payment Instruction Payment Effective Date : ___________________________ a) Fund Transfer : Telegraphic Transfer (T/T) BAHTNET Deposit to account with CIMB Thai Bank To account of : Customer Beneficiary : account no._____________________________________________________________ Customer’s name : (Thai)/(English) _________________________________________________________________________________________________ Customer’s address : ________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ Beneficiary's name : (Thai)/(English) __________________________________________________________________________________________________ Beneficiary's address : _______________________________________________________________________________________________________________ ______________________________________________________________________________________ Beneficiary’s a/c no. ____________________________ Beneficiary’s Bank (name & address & branch name): ___________________________________________________________________________________ _____________________________________________________________________________________________ SWIFT Code: __________________________ Purpose/Detail of Payment : Payment of goods or Others, please specify, _____________________________________________________________ _____________________________________________________________________________________________________________________________________ Bank charges to be paid by : OUR-customer to bear all charges BEN-beneficiary to bear all charges SHA-charges shared by both b) Issue Cashier Cheque (crossing A/C Payee Only) payable to _________________________________________________________________________ and the Customer hereby appoints __________________________________________________________________ to receive cashier cheque on its behalf. c) Others (please specify), ____________________________________________________________________________________________________________ The Customer hereby requests the Bank to grant a loan under trust receipt facility (the T/ R Loan”) by way of making payment for Goods as mentioned above to the seller or service provider on behalf of the Customer in order to allow a release of the Documents to the Customer ( as applicable). On the date of such amount being so applied, the Customer is deemed to have received such amount of T/R Loan on that same day; and this Application shall be deemed as an evidence of receipt . The Customer therefore agrees to comply with the Bank's normal practices and with the terms and conditions of this application (the Application”): 1. The Customer agrees that the granting of the T/ R Loan is at the Bank's sole discretion and is on an uncommitted basis and the trust receipt facility shall be subject to annual review and change by the Bank. 2. The Customer shall receive the Documents from the Bank or submit the Documents to the Bank as required by the Bank, without making payment to the Bank, in order for the Customer to obtain the Goods. 3. The Customer agrees to unconditionally transfer to the Bank all of its rights, title and interests in the Goods and the Documents as collateral for the repayment of all indebtedness. 4. The Customer agrees and acknowledges the terms of all Documents and agrees to receive the Documents from the Bank even if the Documents appear to have discrepancies. The Bank shall have no responsibility for the correctness, the validity or the genuineness of such Documents or for the existence, character, quantity, quality, or conditions of the Goods. 5. Notwithstanding whether the Goods have been sold or not, the Customer shall make payment for the Goods to the Bank in the amount and within the time specified in the Application, together with an interest as specified in the Application. The Bank may demand the payment under the Application before SMART

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Page 1: APPLICATION FOR TRUST RECEIPT - CIMB THAI€¦ · incurred, towards the payment of any sum that is due and payable by the Customer or shall thereafter become payable by the Customer

Confidential

Version 1.0-20190129 Page 1 of 2 *The Customer hereby authorizes the Bank to fill in any amount, figure or information in relation to T/R Amount, T/R Loan Due and Interest Rate which such information shall be in accordance with the relevant of above underlying documents.

APPLICATION FOR TRUST RECEIPT

To: CIMB Thai Bank Public Company Limited Date ___________________________

From: ________________________________________________________________________________________________________ (the “Customer”)

The Customer wishes to apply for the Trust Receipt (“T/R”) with CIMB Thai Bank Public Company Limited (the “Bank”) relating to the goods / service by the Customer pursuant to underlying documents and information specified below:

T/R Currency & Amount* :

_______ ___________________________________________________________________________________________________________

(__________________________________________________________________________________________________________________)

Maturity Date* : _______________ Interest Rate*: ___________________ per annum payable on the Maturity Date or upon demand of the Bank. Details of Underlying Document for TR Letter of Credit (“L/C”) Domestic Letter of Credit (“DLC”)** LC No.* : _________________________________________

Bills for Collection (“B/C”) Bill No.* : __________________________________________________ Bill Maturity Date* : _________________________________________

Bill Currency & Amount* :

_______ ______________________________________________________________________________________________________________

( _____________________________________________________________________________________________________________________)

Open Account Financing or SPTD/STL (BE-PN) against Trade Documents** : Invoice/Purchase Order/Contract No: ______________________________________________________________________________________________

Instruction for Bulk Payment (multiple beneficiaries) , or Invoice List or others, per attached

** For Customer applies for Domestic Letter of Credit (DLC) or Open Account Financing [SPTD/STL (BE-PN) against Trade Documents], please complete following payment instruction details.

Payment Instruction Payment Effective Date : ___________________________ a) Fund Transfer : Telegraphic Transfer (T/T) BAHTNET Deposit to account with CIMB Thai BankTo account of : Customer Beneficiary : account no._____________________________________________________________

Customer’s name : (Thai)/(English) _________________________________________________________________________________________________

Customer’s address : ________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________________

Beneficiary's name : (Thai)/(English) __________________________________________________________________________________________________

Beneficiary's address : _______________________________________________________________________________________________________________

______________________________________________________________________________________ Beneficiary’s a/c no. ____________________________

Beneficiary’s Bank (name & address & branch name): ___________________________________________________________________________________

_____________________________________________________________________________________________ SWIFT Code: __________________________

Purpose/Detail of Payment : Payment of goods or Others, please specify, _____________________________________________________________

_____________________________________________________________________________________________________________________________________

Bank charges to be paid by : OUR-customer to bear all charges BEN-beneficiary to bear all charges SHA-charges shared by both

b) Issue Cashier Cheque (crossing A/C Payee Only) payable to _________________________________________________________________________

and the Customer hereby appoints __________________________________________________________________ to receive cashier cheque on its behalf.

c) Others (please specify), ____________________________________________________________________________________________________________

The Customer hereby requests the Bank to grant a loan under trust receipt facility (the “T/R Loan”) by way of making payment for Goods as mentioned above to the seller or service provider on behalf of the Customer in order to allow a release of the Documents to the Customer (as applicable). On the date of such amount being so applied, the Customer is deemed to have received such amount of T/R Loan on that same day; and this Application shall be deemed as an evidence of receipt. The Customer therefore agrees to comply with the Bank's normal practices and with the terms and conditions of this application (the “Application”):

1. The Customer agrees that the granting of the T/R Loan is at the Bank's solediscretion and is on an uncommitted basis and the trust receipt facility shall be subject to annual review and change by the Bank.

2. The Customer shall receive the Documents from the Bank or submit theDocuments to the Bank as required by the Bank, without making payment to the Bank, in order for the Customer to obtain the Goods.

3. The Customer agrees to unconditionally transfer to the Bank all of its rights,title and interests in the Goods and the Documents as collateral for therepayment of all indebtedness.

4. The Customer agrees and acknowledges the terms of all Documents andagrees to receive the Documents from the Bank even if the Documents appear to have discrepancies. The Bank shall have no responsibility for thecorrectness, the validity or the genuineness of such Documents or for theexistence, character, quantity, quality, or conditions of the Goods.

5. Notwithstanding whether the Goods have been sold or not, the Customer shall make payment for the Goods to the Bank in the amount and within the timespecified in the Application, together with an interest as specified in theApplication. The Bank may demand the payment under the Application before

SMART

Page 2: APPLICATION FOR TRUST RECEIPT - CIMB THAI€¦ · incurred, towards the payment of any sum that is due and payable by the Customer or shall thereafter become payable by the Customer

Confidential

Version 1.0-20190129 Page 2 of 2

*The Customer hereby authorizes the Bank to fill in any amount, figure or information in relation to T/R Amount, T/R Loan Due and Interest Rate which such information shall be in accordance with the relevant of above underlying documents.

the maturity date as specified in the Application from the Customer and such amount shall be deemed immediately due and payable.

6. The Customer shall pay interest accrued on the T/R Loan from and including the date on which the Bank makes payment under the underlying documents up to the date on which the indebtedness under T/R Loan is repaid in full at the specified interest rate or at any revised rate specified by the Bank.

7. If the Customer fails to pay any amount due on its due date or the Bank views that any collateral provided to the Bank is devalued or insufficient to secure the obligations to the Bank, the Bank has the right to demand all outstanding amount owed by the Customer to the Bank immediately due and payable and/or to charge interest on the outstanding amount from the applicable due date of any amount up to the date such outstanding amount has been paid in full, at the rate up to the default interest rate announced by the Bank from time to time in accordance with the regulations and/or announcements of the Bank of Thailand and such rate may be adjusted from time to time.

8. The Bank shall, at any time, be entitled to convert any sum under the Application from the currency in which that sum is payable into another currency at the Bank's own rate of exchange available at the time of such conversion or as the Bank deems appropriated. The Customer hereby waives the right under Sections 196 of the Civil and Commercial Code of Thailand.

9. Any advises sent by the Bank under the Application shall be a part of the Application, binding to the Customer, and treated as conclusive evidence of the matter to which it relates.

10. The Customer confirms that (i) all information contained in the invoice or the summary of invoice provided to the Bank is true and correct evidence of the purchase and delivery of Goods between the Customer and a seller; and (ii) the invoice or the summary of invoice provided to the Bank represents a genuine and valid trade transaction between the Customer and the seller. The Customer shall provide any other documents to the Bank as the Bank may require.

11. The Customer shall ensure that all Goods, the Documents and sale proceeds of the Goods shall be held in trust for the Bank, be kept separate from any other transactions and not be used for obtaining any financing from other persons other than the Bank. The Bank may take possession of the Goods and/or the Documents and/or the sale proceeds of the Goods at any time.

12. Unless all of the Customer's indebtedness and obligations to the Bank have been paid or discharged in full, the Bank shall be the sole owner of the Goods and the Documents and the Customer shall not create any encumbrance or security on the Goods or the Documents.

13. The Customer may sell the Goods to a buyer at market value on normal trade terms and shall forthwith forward to the Bank copies of invoice showing the name of buyer and the total price and shall deliver the sale proceeds thereof to the Bank without set-off or any deduction upon request of the Bank. The Bank may demand such sale proceeds from the buyer or any person and give valid receipt for the same without reference to the Customer.

14. The Customer shall keep and maintain the Goods in the secured storage premises and pay all freight, warehouse, dock, transit, other charges, rent and other cost incidental to the Goods. The Customer shall keep the Goods fully insured for an amount of not less than the invoiced value of the Goods against all risks including fire and theft and deliver the policies or certificates of such insurance to the Bank. Upon the Customer receiving insurance proceeds under such insurance, the Customer shall promptly apply such insurance proceeds, including any shortfall between the insurance proceeds and the actual loss incurred, towards the payment of any sum that is due and payable by the

Customer or shall thereafter become payable by the Customer to the Bank upon request of the Bank.

15. The Customer shall keep the Bank informed of the whereabouts of the Goods and of any change in condition, market price, quality or quantity of the Goods.

The Customer authorizes the Bank or the Bank's representatives to enter into any premises so as to inspect secure possession of the Goods, to remove and dispose of the Goods by sale or otherwise deal with the Goods as appropriate.

16. If the Customer makes a new object from the Goods, mixes the Goods with other objects or if the Goods become a constituent of another object, the ownership of the new objects shall be transferred to the Bank.

17. The Customer agrees that the diligence, presentation, demand, protest or notice of non-payment or non-fulfilment are waived and not required and the information completed or provided by the Customer shall be, in the absence of manifest error, conclusive evidence of the Customer's acknowledged receipt of the Documents and booking of the T/R Loan.

18. The obligations of the Customer to repay the Bank shall not be affected by the fraud, discrepancy, defect, existence or incompleteness of the Application or the Documents. The Bank shall be entitled to claim against the Customer in all circumstances.

19. The Bank and/or the Bank’s correspondents shall not be responsible for (i) any errors, delays in transmission, interpretation of any letter of credit, the loss, delay, non-arrival of part or all of the required documents, or the quantity, the quality or value of the Goods represented by the same or the regularity or genuineness of any document; (ii) any loss, damage or liability in connection with an instruction of the Customer regarding any transfer of funds; (iii) any action taken or not taken by it or any loss or damage arising from a force majeure event or an event that is beyond its control; or (iv) any indirect, consequential or special losses or damage that the Customer may suffer or incur as a result of or in connection with the obtaining of the trust receipt facility.

20. The Customer shall indemnify and hold harmless the Bank, the Bank’s correspondents, and agents against all cost, expense and liabilities of whatever nature incurred arising out of or in connection with the Goods, the T/R Loan or the release of Documents.

21. To the extent permitted by the law, the Customer agrees and authorizes the Bank to, at any time and without prior notice, set off any sum or obligation due from it against any obligation owed by the Bank to it (whether matured or not); and debit any account held or jointly held by the Customer maintained with the Bank and/or Bank’s group company and apply towards the payment of any indebtedness and liability of the Customer. For the avoidance of doubt, if the Bank debits amounts more than the balance from any current account held or jointly held by the Customer, it shall be deemed that such outstanding obligations owed by the Customer to the Bank shall become the overdraft balance.

22. In the event that the Bank, in its sole and absolute discretion, views that the assets of and/or security provided by the Customer and/or any security provider is devalued or insufficient to secure the obligations owed to the Bank, it shall, promptly upon the Bank’s request, provide additional assets and security in form and substance satisfactory to the Bank.

23. Any provision of this Application which is or becomes illegal, invalid, prohibited or unenforceable shall be illegal, invalid, prohibited or unenforceable to the extent of illegality, invalidity, prohibition or un-

enforceability, but that shall not invalidate the remaining provisions hereof, nor affect such provision in any other respect.

24. This Application shall be governed by the laws of Thailand and any disputes arising hereunder shall be submitted to the Court of Thailand.

IN WITNESS WHEREOF, the Customer has affixed the signature, together with the company's seal (if any), on this Application on the date first above written.

Customer's Signature

Customer's Signature

Name &

Surname Name &

Surname

Customer's Company Stamp

FOR BANK USE ONLY Verify Maker Checker