To induce Kohler Distributing Company and its affiliates and subsidiaries, located in Hawthorne, New Jersey (hereinafter referred to as “Kohler”), to extend the payment terms for the above-named entity (hereinafter referred to as the “Customer”), the undersigned hereby guarantees, individually, jointly, and severally, the prompt payment of all sums due or that may become due for goods previously or subsequently purchased by the Customer. This includes any notes, drafts, checks, and any other forms of indebtedness, whether direct or indirect, absolute or contingent, currently outstanding or incurred in the future by the Customer to Kohler.
The undersigned waives notice of default, demand, and any other notices related to such indebtedness, as well as notice of acceptance of this guarantee. Kohler’s acceptance of this guarantee is conclusively presumed by its request for this guarantee and the delivery thereof. The failure of Kohler to exercise any rights under this guarantee shall not constitute a waiver of those rights.
This guarantee may be terminated only by written notice sent via registered mail to Kohler Distributing, P.O. Box 643, Hawthorne, NJ 07507, and will only apply to indebtedness incurred after Kohler’s receipt of such notice. If the Customer’s indebtedness is referred to an attorney for collection, 20% of the amount owing shall be included as collection costs.