We have seen performance guarantees being allegedly included into the fixture by means of a clause stating the performance of charterers is guaranteed by another party.
Such performance guarantees are unenforceable against the guarantors as the guarantor can easily allege they were not aware or did not agree to be the guarantors, and that the charterers and or the brokers had no authority to bind the guarantor’s liability under the fixture.
See attached file: ALCO20130006 Performance guarantees.pdf
履约保证
实践中，我们注意到不少租约会并入履约保证，即在租船协议中加入由另一方保证租家履约的条款。
这种履约保证并不能强制保证人执行。保证人可以轻易宣称，他们不知道该条款，或者没有同意成为保证人。租家或租船经纪人也没有权力用租船合同来约束保证人。
详细信息请参阅附件。
