To: W.W. Wedderburn Pty Limited (ABN 25 003 501 853) of 101 Williamson Road Ingleburn, NSW 2565 Australia (“the Company”).
In consideration for the Company providing or continuing to provide goods and services to you (“the Customer”) the Guarantor agrees with the Company as follows:
The Guarantor guarantees payment by the Customer for all goods and services that have been supplied or may in future be supplied from time to time at the Customer’s request and to be answerable and responsible for the payment by the Customer of those and all other moneys which are payable or may become payable by the Customer to the Company, actually or contingently, now or in the future (“secured money”).
The Guarantor hereby separately indemnifies the Company against all losses and expenses (including legal costs on a solicitor/client basis) however arising, directly or indirectly, in respect of any default by the Customer under any contract with the Company and including failure to pay any secured money, except to the extent any losses or expenses were caused by or contributed to by the Company or which could have been avoided or mitigated by the Company acting reasonably.
Where the Guarantor consists of more than one person this guarantee is enforceable against all persons signing as guarantor jointly and severally.
The Guarantor acknowledges that the Guarantor has made his or her own enquiries of the Customer regarding the Customer’s past and prospective dealings with the Company. The Guarantor further acknowledges that the Company is under no obligation to notify them of any changes to its trading terms or dealings with the Customer.
This guarantee and indemnity is given for valuable consideration and is a continuing guarantee and indemnity to the Company for the whole of the secured money. The obligations of the Guarantor are absolute and unconditional and shall not be affected by anything that might otherwise affect them including but not limited to: (a) any variation or the Customer’s or any other guarantor’s obligations (whether or not to make them more onerous) or any invalidity of them and any release, discharge or other indulgence to the Customer or a guarantor (b) insolvency or any composition or arrangement in respect of the Customer or any other guarantor; (c) any failure by the Company to take, perfect or enforce any guarantee or security from or by the Customer or any guarantor.
The Guarantor agrees that this guarantee and indemnity shall be construed in accordance with the laws of the State of New South Wales and submits to the non-exclusive jurisdiction of Courts of that State. The Guarantor agrees that the Company may give information about the Guarantor for the following purposes: (a) to obtain a consumer or commercial credit report about the Guarantor; (b) allow the credit reporting agency to create or maintain a credit information file about the Guarantor; (c) effect registration on the Personal Property Securities Register; and (d) to obtain commercial credit information about the Guarantor from a credit reporting agency.
