Same as Accounts Contact
Same as Billing Address
Details of Owner
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CREDIT CARD DETAILS
I/we request and authorise Jimele Distribution to arrange payment of my account, by
processing a credit card payment as described in the form below on the due date as
per Jimele Distribution’s Trading Terms and Conditions. I understand that processing
this request will take approximately two working days and is only valid if the original
form is correctly filled in and received by Jimele Distribution. I acknowledge that
Jimele Distribution may terminate this request at any time by written or verbal notice
and I must adopt an alternative method of payment.
WARNING: this is an important document
You should see your own lawyer or advisor before signing it
Personal/ Directors Guarantee & Indemnity
I/WE (also referred to as the “Guarantor/s”) UNCONDITIONALLY AND IRREVOCABLY:
- GUARANTEE the due and punctual payment to Jimele Distribution Pty Ltd of all moneys which are now owing to Jimele Distribution Pty Ltd by the Customer and all further sums of money from time to time owing to Jimele Distribution Pty Ltd by the Customer in respect of goods and services supplied or to be supplied by Jimele Distribution Pty Ltd to the Customer or any other liability of the Customer to Jimele Distribution Pty Ltd, and the due observance and performance by the Customer of all its obligations contained or implied in any contract with Jimele Distribution Pty Ltd. If for any reason the Customer does not pay any amount owing to Jimele Distribution Pty Ltd the Guarantor will immediately on demand pay the relevant amount to Jimele Distribution Pty Ltd.
- HOLD HARMLESS AND INDEMNIFY Jimele Distribution Pty Ltd 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 Jimele Distribution Pty Ltd in connection with:
I/WE FURTHER ACKNOWLEDGE AND AGREE THAT
(a) the supply of goods and/or services to the Customer; or
(b) the recovery of moneys owing to Jimele Distribution Pty Ltd by the Customer including the enforcement of this Guarantee and Indemnity, and
including but not limited to Jimele Distribution’s Pty Ltd nominees costs of collection and legal costs calculated on a solicitor and own client basis;
(c) moneys paid by Jimele Distribution Pty Ltd with the Customer’s consent in settlement of a dispute that arises or results from a dispute between,
Jimele Distribution, the Customer, and a third party or any combination thereof, over the supply of goods and/or services by Jimele Distribution Pty
Ltd to the Customer.
- This Guarantee and Indemnity shall constitute an unconditional and continuing Guarantee and Indemnity and accordingly shall be irrevocable and remain in full force and effect until the whole of moneys owing to Jimele Distribution Pty Ltd by the Customer and all obligations herein 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 Jimele Distribution’s Pty Ltd 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 Jimele Distribution Pty Ltd, each Guarantor shall be a principal debtor and liable to Jimele Distribution Pty Ltd accordingly.
- If any payment received or recovered by Jimele Distribution Pty Ltd is avoided by law such payment shall be deemed not to have discharged the liability of the Guarantor, and the Guarantor and Jimele Distribution Pty Ltd hall each be restored to the position in which they would have been had no such payment been made.
- This Guarantee and Indemnity shall bind each of the signatories notwithstanding that one or more of the persons named as a “Guarantor” may never execute this Guarantee and Indemnity.
- 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 Jimele Distribution Pty Ltd.
- I/we irrevocably authorise Jimele Distribution Pty Ltd to obtain from any person or company any information which Jimele Distribution Pty Ltd may require for credit reference purposes. I/We further irrevocably authorise Jimele Distribution Pty Ltd 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 Jimele Distribution Pty Ltd as a result of this Guarantee and Indemnity being actioned by Jimele Distribution Pty Ltd.
- The above information is to be used by Jimele Distribution Pty Ltd for all purposes in connection with Jimele Distribution Pty Ltd considering this Guarantee and Indemnity and the subsequent enforcement of the same.
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.