Personal Guarantee

Personal Guarantee

In consideration of Southern Woods Nursery Limited agreeing to supply (the customer) with goods , I/We hereby unconditionally and irrevocably guarantee to Southern Woods Nursery Limited performance of the Customer’s obligations under the annexed agreement (“the Agreement”) and the payment upon demand of all monies (including Costs) owed by the Customer to Southern Woods Nursery Limited (“the Guaranteed Monies”) without setoff, deduction or counterclaim.

I/we further agree:

  1. That for any written Notice required to be served on us by Southern Woods Nursery Limited, it shall be sufficient for Southern
    Woods Nursery Limited to deliver it to the address recorded below, or any address notified by us to Southern Woods Nursery
    Limited in writing from time to time.
    Address:
  2. That this guarantee is a continuing guarantee and shall remain in full force and effect until the whole of the Guaranteed
    Monies have been paid or satisfied in full and shall not be considered as wholly or partially satisfied, discharged or
    affected by any intermediate payment or settlement of account.
  3. “Costs” includes legal costs (on a solicitor/own client basis) incurred in obtaining or attempting to obtain payment of the
    Guaranteed Monies, or enforcing or attempting to enforce Southern Woods Nursery Limited’s rights under this Deed.
  4. As a separate additional and severable liability under this Deed, to indemnify Southern Woods Nursery Limited against any
    loss incurred as a result of the non-payment of part or all of the Guaranteed Monies for any reason whatsoever.
  5. That my/our obligations under this Guarantee and Indemnity shall, as between us and Southern Woods Nursery Limited, be
    one of Principal Debtor and shall be joint and several if there is more than one guarantor.
  6.  Southern Woods Nursery Limited may release or discharge one or more of the guarantors from liability under this Deed
    and/or compound with, accept compositions from or make any other arrangements with any one or more of the guarantors
    without prejudicing or affecting Southern Woods Nursery Limited’s rights against the other guarantors.
  7. Our liability under this guarantee will not be discharged, abrogated, prejudiced or affected by:
    1. The granting of time, credit or other indulgence to the Customer;
    2. Any alteration, modification, variation or addition to the Agreement; or
    3. Any other act, omission or event which but for this provision might operate to discharge, impair or otherwise
      affect our obligations under this guarantee or any of the rights, powers or remedies conferred upon Southern
      Woods Nursery Limited by this guarantee or by law.
    4.  Any compounding, compromise, release, waiver, variation, abandonment, discharge, relinquishment, renewal,
      transfer or failure to renew, perfect or enforce or realise all or part of the Agreement.
    5. The insolvency of the Customer, or Southern Woods Nursery Limited or either of them.
    6. The unenforceability or frustration of any of the obligations of the Customer.
  8. That all payments to be made by us to Southern Woods Nursery Limited including interest and costs will be made without deduction or set-off (legal, equitable or otherwise) or counterclaim and without withholding for or on account of any tax of any nature now or hereafter imposed.
  9. That for all purposes, including any legal proceedings, a statement in writing by Southern Woods Nursery Limited as to the
    amount due or owing under this Deed will be accepted by us as conclusive evidence of the amount owing by us hereunder.