The Directors,                                                                         [Insert Date]

[Company Name].,                                                     

[Insert Address].

Dear Sirs,

In consideration of [Insert Name] (NRIC No. ) residing at [Insert Address] agreeing to purchase Bills of Quantity (hereinafter referred to as “BQ”) from Datin Nurliza Indot amounting to a total sum of [Insert Amount] payable by Bank Draft No.  for the construction of project known as Institute Technology University Petronas Chemur, Perak(hereinafter referred to as “the said Tender”), we the undersigned hereby jointly and severally agree with, guarantee and indemnify you as follows:-

(1)               We will pay you on demand:-

(i)                  the amount of Ringgit Malaysia [Insert Amount] within seven (7) days from the date of your written demand (hereinafter referred to as “the due date”) without interest upon written notification by you that you have either decided not to pursue any further with the said Tender for whatever reasons and/or the submission of the said Tender by you has been rejected by the relevant bodies; and/or

(ii)                all loss and damages incurred by you in respect of any breach of the terms and conditions between you and our director, Datin Nurliza 

Indot including the refund of [Insert Amount] in the event that you  refused to proceed with the said project or withdraw from participation in the tender for the said project for whatever reasons; and/or

(iii)               all costs, charges and expenses which you may incur in enforcing the terms of the Letter of Guarantee and/or obtaining or seeking to obtain payment of all monies owing pursuant to this Letter of Guarantee; and/or

(iv)              Notwithstanding the above, to return to you with or without notice the amount of Ringgit Malaysia [Insert Amount] after the expiration of three (3) months from the date of this letter; and/or

(v)                In the event the payment is not made to you after the due date or after the expiration of three (3) months, interest at a rate of ten per centum per annum shall be calculated daily after the due date.

(2)               This Guarantee shall be a continuing guarantee to you in respect of all the obligations and liabilities of you in respect of the Agreement.

(3)               As a separate and independent stipulation, we agree that any sum or sums of money which may not be recoverable from us on the footing of a guarantee whether by reason of any legal limitation disability or incapacity on you or by any other fact or circumstances and whether known to you or not shall nevertheless be recoverable from us or each of us as sole or principal debtors and shall be paid by us on demand.

(4)               Any demand for payment or service of  any legal process may be made or effected by prepaid registered or ordinary post addressed to us or each of us at our address specified herein or at our last known place of business or abode and such demand or legal process shall be deemed to have been duly served on the fifth (5^th) day following that on which it is posted, nothwithstanding that the said demand or legal process may subsequently be returned undelivered by the postal authorities.

 

(5)               This Guarantee and Indemnity shall be binding upon our heirs, personal

representatives and successors in title. 

Dated this                    day of                           20

Guarantor:                                                               Witnessed by:

…………………………..                                      ……………………………

Name: [Name]

NRIC No:

Address:

c.c.