In consideration of Guernsey Building Supplies Limited's (GBS) agreement to supply goods on credit to the applicant entity, I irrevocably and unconditionally undertake to guarantee all monies, debts and liabilities of any nature from time to time due, owing or incurred by the applicant entity to GBS (the “Guaranteed Obligations”). This shall include all and any costs of enforcing this guarantee.
I guarantee to the GBS, whenever the applicant entity does not pay any of the Guaranteed Obligations when due, to pay on demand the Guaranteed Obligations.
I, as principal obligor and as a separate and independent obligation and liability from the obligations set out above, agree to indemnify GBS and keep GBS indemnified in full and on demand from and against all and any losses, costs, claims, liabilities, damages, demands, and expenses suffered or incurred by GBS arising out of, or in connection with, the Guaranteed Obligations not being recoverable for any reason or any failure of the applicant entity to perform or discharge any of its obligations or liabilities in respect of the Guaranteed Obligations.
This guarantee is and shall at all times be a continuing security and shall cover the ultimate balance from time to time owing to GBS by the applicant entity in respect of the Guaranteed Obligations.
GBS shall not be obliged, before taking steps to enforce any of its rights and remedies under this guarantee, to take any action against the applicant entity or any other person.
This guarantee is in addition to and shall not affect nor be affected by or merge with any other judgement, security, right or remedy obtained or held by GBS from time to time for the discharge and performance of the applicant entity of the Guaranteed Obligations.
I shall pay interest to GBS after as well as before judgement at the annual rate which is 4% above the base rate of The Bank of England on all sums demanded under this guarantee from the date of demand by GBS or, if earlier, the date on which the relevant damages, losses, costs or expenses arose in respect of which the demand has been made, until, but excluding, the date of actual payment.
Interest shall accrue on a day-to-day basis and be calculated by GBS on such terms as GBS may from time to time determine and shall be compounded on the last business day of each month.
This guarantee and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation is governed by, and will be interpreted in accordance with, the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
I understand the initial credit limit may change from time to time. I agree that any financial obligations due or owed after any change in credit limit granted by GBS to the applicant entity are covered by this guarantee. I understand to opt out of this guarantee, the account must be paid up to date and a new guarantor must be approved by GBS as a suitable replacement. Written confirmation of my removal as guarantor will be provided by GBS, but I will remain liable up to removal confirmation.