Terms & Condition

 

This will confirm the Understanding between Us.
As an inducement to you to grant credit, or assume a credit risk, from time to time, in respect of sales of goods made by you to Customer, or in respect of any other type of transaction by which you may become Customer’s creditor, the undersigned Guarantor shall pay you promptly when due, or upon demand thereafter, without deduction of any claim of set-off or counterclaim of Customer or loss of contribution from any co-guarantor, or any other defense, the full amount of all obligations or indebtedness due you from Customer, including interest, whether originating in transactions between you and Customer, or assigned or transferred to you, together with all expenses of collection and reasonable counsel fees incurred by you by reason of Customer’s default.

This is a continuing guaranty, and shall be revocable only as to transactions entered into by you subsequent to the receipt by one of your officers of notice of termination sent by the undersigned by registered or certified mail.

The undersigned waives notice of acceptance hereof, and notice of orders, sales, and deliveries to Customer, and of the amounts and terms thereof, and of all defaults or disputes with Customer, and of the settlement or adjustment of such defaults or disputes. The undersigned, without affecting his or her liability hereunder in any respect, consents to and waives notice of all changes of terms, the withdrawal or extension of credit or time to pay, the release of the whole or any part of the indebtedness, the settlement or compromise of notes, trade acceptfances, or any other form of obligation for Customer’s indebtedness, and the demand, protest, and notice of protest of such instruments of their endorsements. The undersigned also consents to and waives notice of any arrangements or settlements made in or out of court in the event of receivership, liquidation, readjustment, bankruptcy, reorganization, arrangement, or assignment for the benefit of Customer’s creditors, and anything whatsoever, regardless of whether herein specified, which may be done or waived by or between you and Customer, or Customer and many other person whose claims against Customer have been or shall be assigned or transferred to you.

The obligation of the undersigned is a primary and unconditional obligation, and covers all of Customer’s existing and future indebtedness to you. This obligation shall be enforceable before or after proceeding against Customer or against any security held by you, and shall be effective regardless of Customer’s solvency or insolvency at any time, the extension or modification of Customer’s indebtedness by operation of law, the subsequent incorporation, reorganization, merger, or consolidation of Customer, or any other change in Customer’s composition, ownership, nature personnel, or location.

The obligation of the undersigned is a primary and unconditional obligation, and covers all of Customer’s existing and future indebtedness to you. This obligation shall be enforceable before or after proceeding against Customer or against any security held by you, and shall be effective regardless of Customer’s solvency or insolvency at any time, the extension or modification of Customer’s indebtedness by operation of law, the subsequent incorporation, reorganization, merger, or consolidation of Customer, or any other change in Customer’s composition, ownership, nature personnel, or location.

Nothing herein contained shall be construed as an obligation on your part to sell goods or extend credit to Customer, or to continue to sell goods or extend credit. Your records showing the account between you and Customer shall be admissible in evidence in any action or proceeding involving this Guaranty, and such records shall be prima facie proof of the items therein set forth. This Guaranty shall for all purposes be deemed to be made in, and shall be governed by and construed in accordance with the laws of, the State of Florida.

This Guaranty shall be binding upon the undersigned, his or her legal representatives and assigns, and shall inure to your benefit and that of your successors and assigns.