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TERMS AND
CONDITIONS
In consideration of
the extension of credit by the applicant herein (buyer) expressly agrees
to the following:
A. Terms
shall be Net 30 days from Month of Purchase.
B. Discount
will be allowed if payment is received by the 10th of the following month.
C. Balance
becomes past due 31 days from date of statement and a FINANCE CHARGE will
be due on the balance at the rate of 1-1/2% per month, which is ANNUAL
PERCENTAGE RATE of 18%. Applicant expressly acknowledges and agrees to
payment of said finance charges.
D. All
invoices are deemed correct unless Central Concrete Supply Co., Inc. and
Westside receive written notice of dispute within thirty (30) days of
invoice date.
E. Applicant
agrees to pay any and all costs and/or attorney(s) fee as are actually
incurred for the collection of any invoice or charge that is past due
whether or not suit is instituted. The amount of attorney's fees shall not
be determined in accordance with any court schedule: Central Concrete
Supply Co., Inc. and Westside shall be reimbursed for actual amount of
attorney's fees paid or incurred.
F. All
information provided is warranted to be correct and submitted for the
purpose of inducing Inc. to extend credit to Applicant. Applicant hereby
authorizes Central Concrete Supply Co., Inc. and Westside to investigate
fully any referenced or financial information provided herein directly or
indirectly pertaining to Applicants credit and/or financial
responsibility.
G. Applicant
shall provide seller, upon request, complete job information on all orders
for the purpose of preparation and service of Preliminary 20-day Notice
under applicable Mechanic's Lien laws.
H. Central Concrete Supply
Co., Inc. and Westside reserve the right, and applicant expressly agrees,
to provide financial statements including profit and loss accountings at
any time during the Debtor/Creditor relationship herein.
I. Those persons signing
the agreement, individually and as officers of the corporation applying
herein, do herby agrees to the terms and conditions of this contract and
hereby individually bind themselves and the corporation to the terms and
conditions of this contract: and guarantee the payment for all materials
and services purchased pursuant in this agreement.
I certify all statements made in
this application are true and correct. Furthermore, I have read,
acknowledged and agree to all terms set forth above and on the front side
of this application. Applicant must notify Central Concrete Supply Co.,
Inc. and Westside in writing of any change of applicants status (I.E.
individual to corporation). Failures to notify of a change of status
constitutes a waiver by applicant of asserting the debt is owed by an
entity different than that set forth herein.
CONTINUING
GUARANTEE
The within guarantee is made for
the benefit of, and to obtain credit on a continuing basis, with respect
to any one or all of the companies listed on the credit application,
unless the companies are notified to the contrary in writing.
The undersigned hereby guarantee
the performances of the person or firm applying for credit on this application
and to whom credit is extended, including but limited to the payment of
all present and future indebtedness whether secured or unsecured and
regardless of how the indebtedness is represented or incurred. The
undersigned consents to any extension or alteration or any obligation and
guarantee such without prior notice, demand or pursuit of remedies against
the party liable. This guarantee shall continue in effect until the
undersigned has notified the creditor in writing of cancellation but such
cancellation shall not alter any obligation of the undersigned arising
hereunder prior to receipt of such written notice. The undersigned agrees
to pay all reasonable cost, expenses and actual attorney's fees incurred
in the enforcement of this continuing guarantee, or in the enforcement of
any obligations as a result of the extension of credit, including but not
limited to the collection of any past due indebted ness whether or not
suit is filed.
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