Guarantee and Indemnity
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In consideration of Gullivers Pacic Ltd trading as Air Tickets and its successors and assigns (“the Company”), agreeing to provide goods and/or services
to the following agency (“the Agency”):
Name of Agency: Of:
Name of Guarantor/s:
1. Due and punctual payment
I/We, the abovementioned Guarantor(s), hereby (jointly and severally in the case
of more than one Guarantor) guarantee the due and punctual payment of all
monies which may now or in the future be or become due and payable to the
Company by the Agency under the Company’s Terms and Conditions or whether
arising in any other way on any other account whatsoever.
2. Continuing guarantee
This Guarantee shall be a continuing guarantee and shall remain in full force
and eect and the Guarantor(s) shall remain liable notwithstanding the grant-
ing by the Company of time, credit or any other indulgence or concession to the
Agency or the Guarantor(s) or the waiver by the Company of any breach by the
Agency of its obligations to the Company or the liquidation of the Agency or the
Agency having an Administrator appointed or entering into a Deed of Company
Arrangement or the bankruptcy or death of the Guarantor(s) or any one of them
and the liability of the Agency ceasing or becoming extinguished for any reason.
3. Demand for payment
I/We will make due and punctual payments to the Company upon demand be-
ing made by notice or letter given to the Guarantor(s) and such demand or no-
tice or letter shall be deemed to be duly made or given in writing and left at or
sent by prepaid post to the address of the Guarantor(s) as set out below.
4. If payments deemed void or illegal
If any payments made by the Agency and/or Guarantor(s) are deemed void or il-
legal and subsequently refunded, it shall be deemed not to have discharged the
Agency’s and/or the Guarantor(s) liabilities in respect thereof.
5. Fees and additional costs
I/We declare that the Guarantors(s) shall pay all losses, damages, costs, fees,
charges and expenses including legal costs on an indemnity basis incurred by
the Company arising out of and incidental to this Guarantee or any matter arising
out of or incidental to this Guarantee or the performance or failure to perform by
the Agency and/or the Guarantor of the covenants contained herein.
If the Guarantor(s) fails to comply with their obligations then the Guarantor shall,
in addition to all monies owing by the Agency, will also be liable to pay interest
on all outstanding amounts at 12% calculated from the time such amount falls
due until it is received in full by the Company.
I/We declare that if any of the obligations hereby guaranteed shall not be en-
forceable against the Agency purported to be primarily liable hereunder, this
Guarantee shall be constructed as an indemnity and the Guarantor(s) hereby in-
demnies the Company in respect of any failure by the Agency or make payment
or perform or observe any covenant, obligation, term or condition of this Guar-
antee and from and against all losses, damages, costs, charges and expenses of
any kind which the Company may incur because of or arising out of the default
by the Agency under the Company’s Terms and Conditions or howsoever arising.
At the sole discretion of the Company, the Agency and/or the Guarantor(s) joint-
ly and severally charge (as benecial owners) all freehold and leasehold interest
in land and in any assets that the Agency and/or Guarantor(s) now or during the
course of this agreement acquire. The Agency and/or Guarantor(s) consent to the
Company lodging a caveat or caveats noting its interest pursuant to such charge.
9. Changes in company structure
I/We agree this guarantee shall not be aected by any changes in the constitu-
tion of the agency and/or the Guarantor(s) by way of reconstruction, consolida-
tion, absorption, merger or amalgamation. The Guarantor(s) will not be released
from any of their obligations unless the Company has given the Guarantor(s)
written notication of such release. The Guarantor(s) will be required to seek a
release in writing within 7 days of any such changes. Further, the Guarantor(s)
will indemnify the Company against any loss or damage that may result from the
Guarantor’s failure to notify us of any such change.
10. If payments deemed preferences
I/We agree to indemnify the Company and keep it indemnied from and against
all losses, damages, costs, charges and expenses of any kind which the Compa-
ny may incur because of or arising out of the failure by the Agency to pay any
monies which are due and payable to the Company or because in or before any
liquidation, bankruptcy or insolvency of the Agency an amount is paid to the
Company which it is subsequently obliged to pay out on the ground that pay-
ment of the amount to it was a preference.
11. Proving debt in liquidation or bankruptcy
If the Agency is in liquidation or is bankrupt, the Guarantor(s) are not entitled
to prove in the liquidation or bankruptcy in competition with the Company to
diminish any dividend or payment which but for the Guarantor(s) proof the Com-
pany would be entitled to receive in the liquidation or bankruptcy or to assert
any right of subrogation or indemnity in respect of any monies paid by the guar-
antor to the Company until the Company have actually received 100 per cent in
the dollar in respect of all monies due.
I/We unconditionally submit to this guarantee being governed by and construed
in accordance with the laws of Neww Zealand, and I/we submit to the exclusive
jurisdiction of the courts of New Zealand.
13. General provisions
In the above provisions, references to persons include references to a rm, a
body corporate, and association whether incorporated or not, a government and
a governmental, semi-governmental and local authority and agencies and words
and expressions, including dened terms, in singular form include a reference to
cognate words and expressions in plural form and vice versa and words and ex-
pressions importing a particular gender include respective references to cognate
words and expressions importing each other gender.
14. Photo identication
To complete the application process, you agree to provide us with one form of
current photo identication. Acceptable identication for the purposes of this
clause can be either a passport or a driver’s license. Any other form of photo
identication will not be acceptable to us unless we have agreed in writing to
accept that form of photo identication