IN CONSIDERATION of Hitch Hire Group Pty Ltd at the request of the Guarantor (as is now acknowledged) supplying and continuing to supply Materials and/or Works to the Client named in this application, I/WE (also referred to as the “Guarantor/s”) UNCONDITIONALLY AND IRREVOCABLY:
1. GUARANTEE the due and punctual payment to Hitch Hire of all monies which are now owing to Hitch Hire by the Client and all further sums of money from time to time owing to Hitch Hire by the Client in respect of Materials and Works supplied or to be supplied by Hitch Hire to the Client or any other liability of the Client to Hitch Hire, and the due observance and performance by the Client of all its obligations contained or implied in any contract with Hitch Hire, including but not limited to the Terms & Conditions of Trade signed by the Client and annexed to this Guarantee and Indemnity. If for any reason the Client does not pay any amount owing to Hitch Hire the Guarantor will immediately on demand pay the relevant amount to Hitch Hire. In consideration of Hitch Hire agreeing to supply the Materials/Services to the Client, the Guarantor charges all of its right, title and interest (joint or several) in any land, realty or other assets capable of being charged, owned by the Guarantor now or in the future, to secure the performance by the Guarantor of its obligations under these terms and conditions (including, but not limited to, the payment of any money) and the Guarantor acknowledges that this personal guarantee and indemnity constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (“PPSA”) and unequivocally consents to Hitch Hire registering any interest so charged. The Guarantor irrevocably appoints Hitch Hire and each director of Hitch Hire as the Guarantor's true and lawful attorney/s to perform all necessary acts to give effect to this clause including, but not limited to, signing any document on the Guarantor's behalf which Hitch Hire may reasonably require to: (a) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (b) register any other document required to be registered by the PPSA or any other law; or (c) correct a defect in a statement referred to in clause 1(a) or 1(b).
2. HOLD HARMLESS AND INDEMNIFY Hitch Hire on demand as a separate obligation against any liability (including but not limited to damages, costs, losses and legal fees calculated on a solicitor and own client basis) incurred by, or assessed against, Hitch Hire in connection with: (a) the supply of Materials and/or Works to the Client; or (b) the recovery of monies owing to Hitch Hire by the Client including the enforcement of this Guarantee and Indemnity, and including but not limited to Hitch Hire's nominee's contract default fee and legal costs; or (c) monies paid by Hitch Hire with the Client's consent in settlement of a dispute that arises or results from a dispute between Hitch Hire, the Client, and a third party or any combination thereof, over the supply of Materials and/or Works by Hitch Hire to the Client.
I/WE FURTHER ACKNOWLEDGE AND AGREE THAT:
3. I/We have received, read and understood Hitch Hire's Terms and Conditions prior to entering into this Guarantee and Indemnity and agree to be bound by those Terms and Conditions.
4. 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 monies owing to Hitch Hire by the Client and all obligations herein have been fully paid, satisfied and performed.
5. No granting of credit, extension of further credit, or granting of time and no waiver, indulgence or neglect to sue on Hitch Hire's part (whether in respect of the Client 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 Client's obligations to Hitch Hire, each Guarantor shall be a principal debtor and liable to Hitch Hire accordingly.
6. If any payment received or recovered by Hitch Hire is avoided by law such payment shall be deemed not to have discharged the liability of the Guarantor, and the Guarantor and Hitch Hire shall each be restored to the position in which they would have been had no such payment been made.
7. 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.
8. 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 Client to Hitch Hire.
9. I/We irrevocably authorise Hitch Hire to obtain from any person or company any information which Hitch Hire may require for credit reference purposes. I/We further irrevocably authorise Hitch Hire 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 Hitch Hire as a result of this Guarantee and Indemnity being actioned by Hitch Hire.
10. The above information is to be used by Hitch Hire for all purposes in connection with Hitch Hire considering this Guarantee and Indemnity and the subsequent enforcement of the same.
In this guarantee, “Hitch Hire” means Hitch Hire Group Pty Ltd.
