In consideration of the Sydenhams Group’s 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 the Sydenhams Group (the “Guaranteed Obligations”). This shall include all and any costs of enforcing this guarantee.
I guarantee to the Sydenhams Group, 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 the Sydenhams Group and keep the Sydenhams Group indemnified in full and on demand from and against all and any losses, costs, claims, liabilities, damages, demands, and expenses suffered or incurred by the Sydenhams Group 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 the Sydenhams Group by the applicant entity in respect of the Guaranteed Obligations.
The Sydenhams Group 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 the Sydenhams Group from time to time for the discharge and performance of the applicant entity of the Guaranteed Obligations.
I shall pay interest to the Sydenhams Group 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 the Sydenhams Group 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 the Sydenhams Group on such terms as the Sydenhams Group 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 the Sydenhams Group 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 the Sydenhams Group as a suitable replacement. Written confirmation of my removal as guarantor will be provided by the Sydenhams Group, but I will remain liable up to removal confirmation.