Guarantor Form - MVAN CCO (NEW)
Guarantor Form - MVAN CCO (NEW)
Capitalised terms used herein but not defined shall have the meaning given to them in the Agreement or the
Terms & Conditions.
1.1. guarantees to the Company, the punctual performance by the Driver of all its obligations
under the Agreement and other Transaction Documents;
1.2. undertakes to the Company that, he/she shall be jointly and severally liable(together with
the Driver) for the performance of his obligations under the Transaction Documents; and
whenever the Driver does not make any Payments or in the event the Driver fails to
perform his obligations as at when due and/or damages/destroys/loses the Vehicle or any
Vehicle Accessory, he/she shall be personally liable to the Company for the Payments,
the obligations, such loss or damage and shall make relevant Payments to the Company
as if he/she is the principal obligor;
1.3. agrees with the Company that if any obligation guaranteed by him/her hereunder is or
becomes unenforceable, invalid or illegal, he/she will, as an independent and primary
obligation, indemnify the Company immediately on demand against any cost, loss or
liability it incurs as a result of the Driver not paying any amount whichwould, but for such
unenforceability, invalidity or illegality, have been payable by him/her under the
Transaction Document on the date when it would have been due;
1.4. agrees that where the Company cannot find the Driver (and/or locate the Vehicle), the
Guarantor shall be obliged to find and present the Driver (and/or the Vehicle) to and
before the Company within thirty (30) days of a request by the Company; and where the
Guarantor fails to present the Driver (and/or the Vehicle) to and before the Company
within the stipulated, the Guarantor will be liable to pay to theCompany all amounts owed
by the Driver to the Company, subject to a liability cap of N350,000.00 (Three Hundred
and Fifty Thousand Naira);
1.5. consents to the tracing of all accounts as well as associated financial assets linked to the
Guarantor’s Bank Verification Number (BVN) _ for the
purpose of giving effect to and implementing the provision of this Guarantee;
1.6. agrees, without prejudice to any other remedies available to the Company in law, that if
the Driver fails to make any Payment as at when due and in accordance withthe provisions
of the Agreement, the Company shall be entitled (either acting by itself or by an agent on
its behalf), to the extent permitted by Applicable Laws, to set-off any such due and
outstanding Payments from all such monies and funds standing to the credit or benefit of
the Guarantor in any and all accounts linked to the Guarantor’s BVN, wheresoever held
or from any other financial assets belonging to the Guarantor and in the custody of any
bank or financial institution (the “Financial Assets”); and
1.7. agrees, by his/her execution of this Guarantee, that:
(a) upon presentation of this Guarantee by the Company to its bankers, the latter is
instructed to provide all assistance necessary to effect the Company’s set-off rights;
and
(b) hereby absolves its bankers from any liability arising therefrom in complying with
such instructions.
1.8. The Guarantor agrees that any payment by him/her pursuant to this Guarantee shall be
made free and clear of any deduction or withholding of tax whatsoever save only as may
be required by any law, in which event the Guarantor shall, simultaneously with making
the relevant payment, pay to the Company such additional amount as will result in the
receipt by the Company of the full amount which would otherwise have been receivable
if no deduction had been required;
1.9. The Guarantor agrees that his/her obligations under this Guarantee shall not be affected
by an act, omission, matter or thing which, but for this Clause, would reduce, release or
prejudice any of the Guarantor’s obligations under this Guarantee including (without
limitation and whether or not known to it or the Company):
1.9.1. any grant of time, indulgence, waiver or consent granted to the Driver or other
person;
1.9.2. the taking, variation, compromise, exchange, renewal or release of, or refusal or
neglect to perfect, execute, take up or enforce, any rights against, or security
over assets of, the Driver or other person or any non- presentation or non-
observance of any formality or other requirement in respect of any instrument
or any failure to realise the full value of any security;
1.10. This Guarantee is a continuing guarantee and obligation of the Guarantor and willextend
to the ultimate balance of the sums payable by the Driver under the Transaction
Documents, regardless of any intermediate payment or discharge in whole or in part.
The Guarantor irrevocably waives any right he/she may have of first requiring the
Company (or any trustee or agent on its behalf) to proceed against or enforce any other
rights or security or claim payment from any person before claiming from the Guarantor.
1.11. This Guarantee shall be governed by, and construed in accordance with, the lawsof the
Federal Republic of Nigeria.
IN WITNESS WHEREOF the Guarantor has executed this Guarantee the day and year firstabove written.