Personal Guarantee - ORIGINAL With Ctos

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PERSONAL GUARANTEE

Dated this -------------- days of ----------------

To : SUCCESS HQ SDN BHD

Re:FOR SUPPLY GOODS TO GRANT CREDIT _______RM69,350.00_____________


Payment not received after credit term from date issued will carry interest at the rate of
1.5% month until settled.

1. In CONSIDERATION of you having at my/our request agreed to supply goods or


continue to supply goods of otherwise to grand credit in such sum or sums and for
so long as you may think fit to ____TERATAI JAYA ENTERPRISE____ (Co.
No: _________AS03733302-A_______) hereinafter called “the customer”)
I/WE,THE UNDERSIGNED GUARANTORS Whose names and addresses
appearing hereinafter:-

NAME : ____________________________________________________
IC NO : ____________________________________________________
ADDRESS :_____________________________________________________
_____________________________________________________.

NAME : ___________________________________________________
IC NO : ___________________________________________________
ADDRESS : ____________________________________________________
____________________________________________________

(Thereinafter referred to as “the Guarantors’) jointly and severally guarantee as


Principal Debtors and not merely as sureties the repayment of all outstanding sums
due and owing by the Customer to you whether certain or contingent now or hereafter
owing or incurred by the Customer on any account, or in any manner whatever
together with all costs and charges (including legal charges) and expenses which you
many incur in enforcing payment for the sum of money due to you from the Customer
either alone or in conjunction as aforesaid or attempting so to do, without any set-off,
counterclaim, condition, deduction or qualification of any nature whatsoever.

2. This Guarantee shall continue in force until all outstanding sums together with all
recharges aforesaid and interest have been repaid to you regardless of termination of
supply of goods by you to the Customer.

3. The winding-up or insolvency of the Customer shall not effect or determine the
respective liabilities of the Guarantors under this Guarantee but such liabilities shall
continue in full force and effect until you shall have been repaid all monies due to you
from the Customer immediately before the winding up or insolvency of the Customer.
4. In order to give full effect to the provisions of this Guarantee, the Guarantors
hereby waive all rights inconsistent with such which the Guarantors may otherwise as the
Guarantors be entitled to claim, and enforce and the Guarantors declare that you shall be
at liberty to act as thought the Guarantors, are the principal debtors for all sums
guaranteed as aforesaid.

5. No assurance, security or payment which may be avoided under any enactment


relating to bankruptcy or under Section 293 and section 294 of the Companies Act, 1965
or any statutory modifications thereof and no release settlement or discharge which may
have been given or made on the faith of any such assurance, security or payment shall
prejudice or effect your right to recover from the Guarantor(s) to the full extent under this
Guarantee.

6. This Guarantee and your rights under it shall be in additional to and shall not be
in any way affected or prejudiced by your holding or taking any other or further
Guarantees or securities or by your varying ,releasing, or omitting or neglecting to
enforce any such securities or by your varying or determining any credit to the
Customer or giving time for payment or granting any other indulgence to or making any
other arrangements with or accepting any composition from the customer or any person
or persons, corporation liable on any bills on any bill of exchange ,promissory notes or
other negotiable instruments or securities held or to be held by you.

7. You shall be at liberty but not bound to resort for your own benefit to any means
of payment at any time and in any order that you think fit without thereby diminishing the
respective liabilities of the Guarantors and you may put this Guarantee in force either for
the payment of the ultimate balance after resorting to other means of payment or for the
balance due at any time notwithstanding that other means have not been resorted to and
in the latter case without entitling the Guarantors to any benefit from such other means of
payment so long as any monies remain due from the Customer to you.

8. In the event of the Customer becoming liquidated or wound up or making any


arrangement or composition with creditors the Guarantors will not prove in competition
with you in any such liquidation or winding up in respect of the debt due from the
Customer to you but will give you the benefit of any proof which the Guarantors may be
entitled to make in respect of any part of such debt paid by the Guarantors until you shall
have received the full amount of the debt due to you from the Customer.

9. Any indebtedness of the Customer now or hereafter held by the Guarantors is


hereby subordinated to the indebtedness of the Customer to you and such indebtedness of
the Customer to the Guarantors if you so require shall be collected, enforced and received
by the Guarantors as trustees for you and be paid over to you an account of the
indebtedness of the Customer to you but without reducing or affecting in any manner the
liability of the Guarantors under the provisions of this Guarantee.
10. Nothing done or omitted by you in pursuance of any authority or permission
contained in this Guarantee shall effect or discharge the respective liabilities of the
Guarantors under it.

11. Pursuant to the Credit Reporting Agency Act and Central Bank of Malaysia
Act,I/we the undersigned do hereby give my/our consent to you and a registered
credit reporting agency under the CRA Act to process my/our company and
personal data.
By this consent, I/We understand and agree that:
(i) You may conduct credit/trade check, CCRIS and DCHEQUE checks on us
and where applicable with a registered credit reporting agency at any time for
as long as I/we have a trade relationship with you or where any dues remain
unpaid and understanding with you, for any one or more of the following
purposes:

 Opening of account
 Dept recovery
 Credit/Account review
 Legal documentation consequent to a contract or facility granted by you
 Credit/Account monitoring
 Credit/Account evaluation

(ii) You may disclose any information on the Parties conduct of their accounts
with you, to any business entity/ies for bona fide trade checking at any time.
The Parties are also aware and understand that such information will be
provided to a credit reporting agency/ies, who may in turn share such
information to subscribers of their service.

(iii) Where you require any processing of our application to be processed by any
processing centre located outside Malaysia (including your Head Office),the
Parties hereby give consent to a registered credit report agency disclose their
credit, CCRIS & DCHEQUE reports to such locations outside Malaysia.

(iv) Apart from the above, the Parties undersigned do give our consent to you a
registered credit report agencies, to process my/our personal data as per the
PDPA Act.

12. This Guarantee shall continue to bind the Guarantors notwithstanding any change
by amalgamation reconstruction and/or otherwise of the respective Guarantors and/or
Customer and notwithstanding any amalgamation that may be effected by you with any
other company or companies, person or persons or notwithstanding any reconstruction by
you involving the formation of and transfer of all or any of you aspect to you a new
company or notwithstanding the sale of all or any part of your undertaking and assets to
another company whether the company or companies with which you amalgamate or the
company to which you transfer all or any of you respective assets either on a
reconstruction or sale as aforesaid shall or shall not differ in their or its objects character
and constitution from you it being the intent of the Guarantors that this Guarantee shall
remain valid and effectual in all respects in favor of, against and with reference to and
that the benefit of this Guarantee and rights conferred upon by you hereby may be
assigned to and enforced by any such company or companies, person persons and
proceeded on in the manner to all intents and purposes as if such company or companies,
person or persons had been named herein instead of yourself.

13. It is hereby agreed that a statement of account in writing showing the


indebtedness of the Customer to you duty certified by your Director, officer, manager or
an authorized representative shall be binding and conclusive against the Guarantors, the
Guarantor’s personal representative, heirs and assigns.

14. The Guarantors shall not be discharged or released from this Guarantee by
any arrangement made after this Guarantee or any dealing between the Customer and the
Company without our knowledge or consent or by any variation or alteration without our
knowledge or consent in the Agreement between the Company for the making of
advances or otherwise giving credit to the Customer by the company, Where ,by any
agreement between the Customer and you, with or without the Guarantor’s knowledge or
consent, any person assumes all of any part of the liability of the Customer to you in
substitution of the Customer, the Guarantor’s liability shall not be discharged ,reduced or
affected, but this Guarantee shall take effect as if the expression” Customer” included
such person.

15. Any notice or demand hereunder to the Guarantors shall be deemed to have
been sufficiently given if sent by prepaid letter post to the address in Malaysia last known
to you or stated herein and shall be assumed to have reached the addressee in the ordinary
course of post.

16. In this Guarantee where the context so permits or requires, the masculine shall
include the feminine and neuter genders and the plural shall include the singular number
and vice versa.

17. This Guarantee shall be governed by and construed in all respects in accordance
with the laws Malaysia and the Guarantors hereby submit to the jurisdiction of the
Malaysia Courts in all matters connected with the obligations and liabilities under this
Guarantee and the Guarantors further agree that the service if any Writ or Summons or
any legal process in respect of any action arising out of or connected with this Guarantee
may be effected by forwarding a copy of the Writ or Summons and Statement of Claim
or other legal process by prepaid registered post at the address of the Guarantors.
18. This Guarantee shall be binding upon the Guarantors their respective personal
representatives, heirs, successors and permitted assigns and shall not be revoked or
impaired by the death, incapacity, disability, insolvency or bankruptcy of any of the
Guarantors. The Guarantors may not assign or otherwise transfer any of his rights or
obligations under this Guarantee without your prior written consent.

IN WITNESS WHERE OF the Guarantors have executed and delivered this Guarantee as
of the date first above written.

SIGNED BY THE GUARANTOR


}
}
}_____________________
} Name:
In the presence of (witness): } NRIC No:

_________________________
Name:
NRIC No:

SIGNED BY THE GUARANTOR


}
}
} _____________________
} Name:
In the presence of (witness): } NRIC No:

_________________________
Name:
NRIC No:

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