Credit Application Form

Part 1: Customer Details

Your Full Legal Name*

Street Address*

Street Address Town/City Postcode

Postal Address (If Different)

Street Address Town/City Postcode

Phone*

Mobile*

GST Number (If Applicable)

Email*

Part 2: Organisation Details

Entity Type*

Organisation Name*

Company Number*

Trust/Society Number*

Incorporated Date*

Part 5: Deed of Guarantee

I have read and agree to the following terms and conditions

Deed of Guarantee and Indemnity in favour of Commercial Autos (2008) Limited T/A CAL>Isuzu

For limited companies, limited partnerships, incorporated societies and trusts
Note: if the Customer named in Part 1 is a:
• Limited Company, this guarantee must be completed by company director(s);
• Limited Partnership, this guarantee must be completed by the general partner(s) and limited partner(s);
• Trust, this guarantee must be completed by the trustees.

Definitions of capitalised words are set out in CAL>Isuzu’s Trade Terms.
The guarantors named below (“Guarantor”) acknowledge that they:
a) are advised to seek independent legal advice before signing this Guarantee and Indemnity;
b) have either first obtained independent legal advice or have decided to waive the rights to do so;
c) have read the provisions of the Guarantee and Indemnity set out below and understand its nature and effect; and
d) agree that they are bound by the Guarantee and Indemnity.

Guarantee and Indemnity
In consideration of Products supplied and/or credit advanced in accordance with CAL>Isuzu’s Trade Terms (“Trade Terms”), at the request of the Customer, I/We jointly and severally:

1. Unconditionally guarantee:
(a) the due and punctual payment to CAL>Isuzu (“Supplier”) by
the Customer by the Due Date, or upon demand, the Sum Owing and all other monies which are presently owing or which may in the future become owing to the Supplier by the Customer, in respect of Products and/or any other transactions with the Supplier, or which may otherwise become payable by the Customer to the Supplier; and
(b) the performance of all obligations of the Customer in respect of the Products in accordance with the Trade Terms.
2. Agree that:
(a) I/we are bound by the terms and conditions of the Trade
Terms as a Guarantor;
(b) The Supplier may at any time in its discretion and without giving notice refuse further credit to the Customer;
(c) I/we are bound as principal debtor(s) so that the liability of me/each of us under this Guarantee shall not be released by any delay or other indulgence or concession which the Supplier may grant to the Customer or any compromise which the Supplier may reach or variation the Supplier may agree with the Customer or me/any of us, or by any other act, matter, circumstance of law whereby I/we would but for the provision of this clause have been released from my/our liability under the Guarantee;
(d) I/we will not in any way compete with the Supplier for payment in the event of bankruptcy or liquidation of the Customer;
(e) this guarantee is in addition to, and not in substitution for, any other security or rights which the Supplier may presently have or may subsequently acquire, and this Guarantee may be enforced against me/each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Customer or the other of us;
(f) the Guarantee and Indemnity shall remain in full force and effect and shall not be deemed to have been released or discharged or in any way vacated until the Supplier has acknowledged in writing that the Guarantee and Indemnity is released;
(g) the Supplier has received personal information about me/us and may use and disclose that information for credit assessment, product supply decisions, debt collection, marketing, and for the purposes of credit enquiries by credit and debt collection agencies as set out in the "Information Use" section in the Trade Terms;
(h) independently of the Guarantee to indemnify the Supplier against all damages, claims and losses (including costs) which the Supplier may suffer or incur as a result of any failure by the Customer to:
i. make due and punctual payment of the monies; and/or ii. perform the Customer’s obligations,
as detailed in clause 1 of this Guarantee and Indemnity whether or not the liability of the Customer is or has become void or unenforceable for any reason and whether or not the foregoing guarantee shall be void or unenforceable against me/us or any of us for any reason;
(i) this Guarantee and Indemnity shall be irrevocable and shall remain in full force and effect until all the monies owing to the Supplier by the Customer and all the obligations under the Account and the Trade Terms have been fully paid, satisfied or performed; and
(j) if the Customer is a trust or person acting as trustee of a trust, then “Customer” in this Guarantee and Indemnity shall include all present and future trustees of that trust.