Personal/Director’s Guarantee and Indemnity
IN CONSIDERATION of NAP Global Pty Ltd as trustee for NAP Global Trust trading asNovaproducts Global and its successors and assigns (“NAP”) at the request of the Guarantor(as is now acknowledged) supplying and continuing to supply goods and/or services to(“the Customer”) [Insert details In the boxes Provided]
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I/WE (also referred to as the “Guarantor/s”) UNCONDITIONALLY AND IRREVOCABLY: GUARANTEE the due and punctual payment to NAP of all moneys which are now owing to NAP by the Customer and all further sums of money from time to time owing to NAP by the Customer in respect of goods and services supplied or to be supplied byNAP to the Customer or any other liability of the Customer to NAP, and the due observance and performance by the Customer of all its obligations contained or implied in any contract with NAP. If for any reason the Customer does not pay any amount owing to NAP the Guarantor will immediately on demand pay the relevant amount to NAP. HOLD HARMLESS AND INDEMNIFY NAP on demand as a separate obligation against any liability (including but not limited to damages, costs, losses and legal fees (as defined hereunder in paragraph (b) hereof)) incurred by, or assessed against, NAP in connection with:(a) the supply of goods and/or services to the Customer; or(b) the recovery of moneys owing to NAP by the Customer including the enforcement of this Guarantee and Indemnity, and including but not limited to NAP’s nominees costs of collection and legal costs calculated on a solicitor and own client basis; or (c) moneys paid by NAP with the Customer’s consent in settlement of a dispute that arises or results from a dispute between, NAP, the Customer, and a third party or any combination thereof, over the supply of goods and/or services by NAP to the Customer. I/WE FURTHER ACKNOWLEDGE AND AGREE THAT This Guarantee and Indemnity shall constitute an unconditional and continuing Guarantee and Indemnity and accordingly shall beirrevocable and remain in full force and effect until the whole of moneys owing to NAP by the Customer and all obligations here in have been fully paid satisfied and performed. No granting of credit, extension of further credit, or granting of time and no waiver, indulgence or neglect to sue on NAP’s part(whether in respect of the Customer or any one or more of any other Guarantor(s) or otherwise) and no failure by any named Guarantor to properly execute this Guarantee and Indemnity shall impair or limit the liability under this Guarantee and Indemnity of any Guarantor. Without affecting the Customer’s obligations to NAP, each Guarantor shall be a principal debtor and liable to NAP accordingly. If any payment received or recovered by NAP is avoided by law such payment shall be deemed not to have discharged the liability of the Guarantor, and the Guarantor and NAP shall each be restored to the position in which they would have been had no such payment been made. The term “Guarantor” whenever used in this Guarantee and Indemnity shall, if there is more than one person named as Guarantor ,mean and refer to each of them individually and all of them together unless the context otherwise requires, and the obligations and agreements on the part of the Guarantor contained in this Guarantee and Indemnity shall bind them jointly and severally. I/We have been advised to obtain independent legal advice before executing this Guarantee and Indemnity. I/we understand that I/we am/are liable for all amounts owing (both now and in the future) by the Customer to NAP. I/we irrevocably authorise NAP to obtain from any person or company any information which NAP may require for credit reference purposes. I/We further irrevocably authorise NAP to provide to any third party, in response to credit references and enquiries about me/us or by way of information exchange with credit reference agencies, details of this Guarantee and Indemnity and any subsequent dealings that I/we may have with NAP as a result of this Guarantee and Indemnity being actioned by NAP. The above information is to be used by NAP for all purposes in connection with NAP considering this Guarantee and Indemnity and the subsequent enforcement of the same.
GUARANTOR-1
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example@example.com
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Signature of Guarantor 1
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Name of Witness
Signature of Witness
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Cancel
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GUARANTOR-2
Name
First Name
Last Name
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Email
example@example.com
Address
Street Address
Street Address Line 2
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State / Province
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Signature of Guarantor 2
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Cancel
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Name of Witness
Signature of Witness
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Cancel
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Note: 1. If the Customer is a sole trader or partnership the Guarantor(s) should be some other suitable person(s). 2. If the Customer is a club or incorporated society the Guarantor(s) should be the president and secretary or other committee member. WARNING: THIS IS AN IMPORTANT DOCUMENTYOU SHOULD SEE YOUR OWN LAWYER OR ADVISOR BEFORE SIGNING IT
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