Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Can you provide me with any further information? Kind regards AJ
Thank you. I will review this. It may take me a little while so please do not be concerned if you do not hear from me right away. Kind regards AJ
Hi, Thank you. I will take my time to review this carefully - so it will be a couple of hours maximum. Kind regards AJ
Hi, Thank you. I will review the clauses you have posted first and it will be easier for me to respond. I am just reviewing them now. Kind regards AJ
Hi, Thank you. I understand what his main concern is, he wants to limit the sum to unpaid invoices that have been approved and are not in dispute, and what he is also saying is where you hold money on account effectively that should be counted as a credit to any unpaid invoices even if the money on account has not been allocated to those invoices? Do you agree with my summary? Kind regards AJ
I tried to call but was unable to connect.
I will call you directly on the number provided above within the hour.
Hi, Thank you. I cannot attend a conference call at this moment, but I can correspond on this thread? Can I assist you on this thread? Kind regards AJ
Hi, Thank you. You could propose a indemnity in favour of the company for any costs incurred in enforcing the guarantee? In order to soften this and make it more appealing, you could include some wording that states that you will exhaust all reasonable action to recover the money from the company first (but excluding court action)?
I will try and reword this for you, I will revert to you as soon as possible. Kind regards AJ
Hi my sincere apologies. For some reason I was locked out of this question yesterday. I will send you the draft wording this morning. Kind regards AJ
In consideration of you agreeing to supply & install equipment/materials at***** Covent Garden, London for Aircon Worldwide Ltd as per signed contract, at the request of Aircon Worldwide Ltd. I Tim Peter Noest, of Northend Farmhouse, Sopworth, Wilts, SN14 6PT, Director of the Company of registered office address: Lancaster House, Thomas Street, Cirencester, GL7 2AX by way of a personal guarantee, undertake on demand to pay to you:(a) All sums of money payable, subject to any Forcia Ltd deductions/charges/retentions (but only where such deductions can be reasonably justified with written evidence and have been made in good faith), which have been paid to Aircon Worldwide Ltd but remain unpaid by Aircon Worldwide Ltd to Zetacool Service Ltd in connection with goods and/or services supplied by Zetacool Services Ltd and its subsidiary and associated companies.(b) All costs incurred as a consequence of Aircon Worldwide Ltd failing to honour Section A (above) to Zetacool Service Ltd in making good its rights under the terms of this letter of guarantee.This letter of guarantee shall not be affected or discharged by any time or indulgence granted to Aircon Worldwide Ltd by Zetacool Service Limited; any outstanding payment, subject to the above terms, of accounts or the insolvency or any winding – up administration or analogous proceedings relating to the Company.
The Guarantor hereby indemnifies and holds harmless the Company against any costs, expenses and losses (including reasonably and properly incurred legal costs) associated with enforcing the terms of this guarantee.
The Company here by agrees to take all reasonable steps to recover any sums of money payable to it by the primary obligor (Zetacool Service Limited), but excluding commencing court proceedings before making any claim under this guarantee.