Personal Guarantee - ORIGINAL With Ctos
Personal Guarantee - ORIGINAL With Ctos
Personal Guarantee - ORIGINAL With Ctos
NAME : ____________________________________________________
IC NO : ____________________________________________________
ADDRESS :_____________________________________________________
_____________________________________________________.
NAME : ___________________________________________________
IC NO : ___________________________________________________
ADDRESS : ____________________________________________________
____________________________________________________
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.
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.
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.
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.
_________________________
Name:
NRIC No:
_________________________
Name:
NRIC No: