IN CONSIDERATION of Q-Imaging (Australia) Pty Ltd (”Q-Imaging”) at the request of the Guarantor (as is now acknowledged) supplying and continuing to supply goods and/or services to The Company or Business (”Customer”) named on this Credit Application.
I/We (also referred to as the “Guarantor/s”) UNCONDITIONALLY AND IRREVOCABLY:
1. GUARANTEE the due and punctual payment to Q-Imaging of all moneys which are now owing to Q-Imaging by the Customer and all further sums of money from time to time owing to Q-Imaging by the Customer in respect of goods supplies or to be supplied by Q-Imaging to the Customer or any other liability of the Customer to Q-Imaging, and the due observance and performance by the Customer of all their obligations contained or implied in any contract with Q-Imaging. If for any reason the Customer do not pay any amount owing to Q-Imaging the Guarantor will immediately on demand pay the relevant amount to Q-Imaging.
2. HOLD HARMLESS AND INDEMNIFY Q-Imaging on demand as a separate obligation against any loss &/or liability (including but not limited to damages, costs, losses and legal fees on a full indemnity basis (as defined hereunder in paragraph (b) hereof)) incurred by or assessed against Q-Imaging in connection with:
(a) the supply of goods and/or services to the Customer; or
(b) the recovery of moneys owing to Q-Imaging by the Customer including the enforcement of this Guarantee, and including but not limited to Q-Imaging’s costs of collection and legal costs calculated on an indemnified basis; or
(c) moneys paid by Q-Imaging with or without the Customer’s consent in settlement of a dispute that arises or results from a dispute between, Q-Imaging, the Customer, and a third party or any combination thereof, over the supply of goods by Q-Imaging to the Customers.
I/WE FURTHER ACKNOWLEDGE AND AGREE THAT
3. This Guarantee 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 any moneys owing to Q-Imaging by the customer at any time and all obligations herein have been fully paid satisfied and performed.
4. This guarantee shall bind each of the signatories jointly and severally.
5. The term “Guarantor” whenever used in this Guarantee 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 contact otherwise requires, and the obligations and agreements on the part of the Guarantor contained in this Guarantee shall bind them jointly and severally.
6. I/We irrevocably authorize Q-Imaging to obtain from any person or company any information which Q-Imaging may require for credit reference purposes. I further irrevocably authorise Q-Imaging to provide to any third party, in response to credit references and enquiries about me or by way of information exchange with credit reference agencies, details of this Guarantee and any subsequent dealings that I may have with Q-Imaging as a result of this Guarantee being actioned by Q-Imaging.