A faxed copy of this guaranty will be considered an original.
In consideration of the sale of goods by Samuel Müeller a Division Trumbull Industries, Inc., (herein after referred to as Trumbull Industries, Inc.) 400 Dietz Road, Warren, OH 44483 to Located at ("Debtor")and other good and valuable consideration, the undersigned, as individual(s), hereby consent to Trumbull Industries obtaining consumer credit reports for the purpose of evaluating their creditworthiness in connection with an application for business credit and further guarantee prompt payment, when due, of all claims and demands of Trumbull Industries, Inc. now existing and hereafter arising, against Debtor, including but not limited to open account obligations from the sale of goods by Trumbull Industries, Inc. to Debtor. The sale of such goods shall be deemed to arise when goods ordered by Debtor have been shipped or, in the case of custom goods, have been substantially completed by Trumbull Industries, Inc.
For the purpose of this Guaranty, payment of said claims and demands shall be due in accordance with the terms of any and all agreements between Trumbull Industries, Inc. and Debtor with respect to said claims and demands, and in addition, payment of all said claims and demands shall, at the option of Trumbull Industries, Inc. become immediately due, at any time when (1) Debtor defaults in any way of its obligations to Trumbull Industries, Inc.; (2) a petition under any Chapter of the Bankruptcy Code, or for the appointment of a receiver of any part of the property of the Debtor, is filed against the Debtor; (3) Debtor makes a general assignment for the benefits of its creditors, suspends business, or commits or suffers any act or event amounting to a business failure; or (4) an attachment or judgment lien on, or a tax lien is filed against, any property of Debtor or any property treated under law as if were Debtor's.
This is an absolute, unconditional, and continuing guarantee of payment and not of collection and the undersigned further jointly and severally waive any right to require that any action be brought against Debtor, other guarantors(s), or any other person or to require that resort be had to any security or to any balance of any deposit account or creditor on the books of Trumbull Industries, Inc. in favor of Debtor or any other person, and will remain in force and effect until revoked by written notice received and acknowledged in writing by an officer of Trumbull Industries, Inc. Any such revocation will not affect then-existing liabilities of the undersigned hereunder who have not given such notice, for any such claims and demands arising hereafter. This guaranty will extend to and cover renewals of the claims and demands guaranteed hereby and extensions of time for the payment thereof and will not be affected by any extension or change of the time of payment or any surrender, exchange, acceptance, or release by Trumbull Industries, Inc. of any other guaranty or security held by it for any such claims or demands. In the event of the receipt of a written request from any of the undersigned, Trumbull Industries, Inc. will provide that person with current information regarding the amount of the indebtedness then owed to Trumbull Industries, Inc. by Debtor.
Notice of acceptance of this guaranty, notice of the extensions of credit to Debtor, notice of the sale and delivery of goods to Debtor, notice of default, diligence, presentment, protest, demand for payment, and notice of demand or protest are hereby waived. Trumbull Industries, Inc. in its sole arbitrary discretion may determine the reasonableness of the period which may elapse prior to the making of demand for payment against Debtor. Trumbull Industries, Inc. need not exhaust any of its remedies against Debtor or any security for the claims and demands guaranteed hereby before having recourse against the undersigned under this guaranty
The undersigned will reimburse Trumbull Industries, Inc., on demand, for all expense, including reasonable attorney's fees, incurred by Trumbull Industries, Inc. in the enforcement or attempted enforcement of any Trumbull Industries, Inc.'s rights hereunder against any of the undersigned. This guaranty will be governed by and construed in accordance with the laws of the State of Ohio and the venue of any court action will be the choice of Trumbull Industries, Inc. It will be binding upon the undersigned and their personal representatives, heirs, assigns therefore, and will inure to the benefit of Trumbull Industries, Inc. and its successors and assigns. If this guaranty is signed by more than one person, their obligations hereunder will be joint and several
WARNING: By signing this paper you give up the right to notice and court trial. If you do no pay on time a court judgment may be taken against you without your prior knowledge and the powers of a court can be used to collect from you or your employer regardless of any claims you may have against the creditor whether for returned goods, failure on his part to comply with the agreement, or any other causes.
The undersigned hereby certifies that the merchandise purchased from our company on and after (date) unless the order shall specify or until this notice is revoked in writing, is exempt from Sales and Use Tax for the follow reason: ( ) For Resale ( ) Other (specify) The undersigned holds licenses and permit certification numbers, as noted in the following states. The undersigned assumes liability for payment directly to these states of any tax due if he uses or consumes the purchased property for a taxable purpose.
Signed this Day of , 20 Signature Title Company Name : Address: street city zip
400 Dietz Road I P.o. Box 200 | Warren, OH 44482-0200 | Phone: 844.974.2400 | Fax: 330.392.1374