I
certify that all the information in this form is
correct, and that I fully understand your credit
terms and agree to the terms and conditions as set
forth on the reverse side. By execution of this
commercial credit application, I hereby authorize you
to investigate the credit history of the business
unity and that of the principals of the business
applying for this account by obtaining information
from our bank, trade references, and commercial and
consumer credit reporting companies. Any person
signing below on behalf of this business entity
confirms that it is a valid business entity and that
said person is authorized to enter into this
agreement on its behalf. The undersigned acknowledges
receipt of a copy of this commercial credit
application and terms and conditions of sales
agreement.
Authorized
Signature_____________________________Print
Authorized Name and
Title_________________________Date_____________________
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FAX TO ACCOUNTING MANAGER @
818-841-8761 |
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TERMS
AND CONDITIONS OF SALE / AGREEMENT APPLYING TO
PRODUCTS SOLD
ACCEPTANCE OF
TERMS AND CONDITIONS
Orders are accepted on the basis of terms
and conditions in effect at the time the order is
received and approved by the "Seller" at
"Seller's" Main Office.Acceptance of any
products delivered hereunder by "Seller" or
any of its affiliated or assignees shall constitute
Buyer's agreement to said terms and conditions as set
forth herein or as found in our invoices and order
forms. No conditions stated by Buyer in its offer or
acceptance shall be binding on "Seller" if
in conflict with. Inconsistent with , or in addition
to "Seller" terms & conditions.
Availability of credit is conditioned upon a
determination by "Seller" each time an
order received.
PRICES
Prices and pricing pollicies will be those
set forth in "Seller" price lists in effect
at the time of shipment. Prices are subject to change
without notice.
TERMS OF PAYMENT
a)Unless otherwise agreed to in writing,
upon approved credit, terms of payment shall be 30
Days Net.
b)Past due invoices are subject to a
service charge of 1 1/2% per month (18 per annum, or
the maximum legal rate) from invoice date until paid.
c)Orders are subject to a minimum
charge of $10. ($3 minimum on cash sales at our
counter.) Returned checks are subject to a $15
charge.
d)If Buyer falls to fulfill these
terms or "Seller" can be set off and
applied by "Seller" may demand immediate
full payment and decline to make further deliveries
except against cash or satisfactory security.
e)Any indebtedness owing from Buyer
to "Seller" can be set off and applied by
"Seller" and associated companies on any
indebtedness at any time from time to time either
before or after maturity or demand.
RETURNS
Customer must obtain a return goods
authorization (RGA) prior to returning goods. Unless
we have erred in filling your order, all returns must
be prepaid. No merchandise will be accepted for
return which is made up special or which has been
held for over 30 days. We reserve the right to
determine if the Buyer has abused the item in
question. If it cannot be returned to stock, credit
will not be given. All returns must be accompanies by
original shipper or invoice. Orders returned due to
customer error must be prepaid and are subject to
restocking charge. No merchandise will be accepted
without an "RGA".
SALES AND OTHER TAXES
Unless otherwise stated, "Seller"
prices do not include any taxes whatsoever. Buyer
agrees to indemnify "Seller" against
payment of the same, whether or not included on
Buyer's original invoice.
TITLE
Title and Security interest to the
merchandise shall remain in "Seller" until
payment to "Seller" of full purchase price
by Buyer. "Seller" retains the right to
repossess,, and any other remedies provided by law.
DISCLAIMER OF WARRANTIES
Buyer acknowledges and agrees that (i( the
merchandise is of a size, design, capacity and
manufacture selected by Buyer (ii) "Seller"
is not a manufacturer thereof, and (iii) as between
"Seller" and Buyer, the buyer purchases the
merchandise as is and that "Seller" has not
made, nor does it make any representation or warranty
or agreement with respect to the fitness,
merchantability, condition, quality, durability or
suitability of the merchandise in any respect to the
fitness, merchantability, condition, quality,
durability or suitability of the merchandise in any
respect including its fitness for the purposes and
uses of the buyer, or as to "Seller" title
thereto (Except as to acts or omissions of
"Seller" itself), or any other
representation or warranty or agreement of any kind
or character, express or implied with respect
thereto, all of which are hereby specifically
disclaimed.
LIMITATION OF LIABILITY
In no even shall "Seller" be
liable for loss of profits, indirect, special or
consequential damages arising out of any breach of
this agreement or obligations under this agreement,
nor shall "Seller" by liable for any
damages caused by delay in delivery, installation or
furnishing of the merchandise or services by any
manufacturer of the merchandise or otherwise.
INDEMNITY
The buyer shall defend and indemnify
"Seller" from and against (a) any and all
loss of or damage to the merchandise, usual wear and
tear excepted: b)any claim, cause or action, damages,
liability, cost or expenses (including attorney's
fees) which may arise or be incurred in any manner in
favor of any person relating to the merchandise or
any part thereof, including by way of example but not
of limitation, claims arising out of or incident to
the construction, purchase, delivery, installation,
ownership, leasing, sale or return of the merchandise
or as a result of its use, maintenance, repair,
operation of condition thereof, whether or not any
claimed defects in such merchandise are latent or are
discoverable: c)any claim, cause of action, cost or
expense which may arise or be incurred by reason of
or as a result of any act or omission of Buyer for
itself or as agent for "Seller" hereunder;
and d) any claim, cause of action, cost or expense
arising for alleged patent infringement of, for, or
as a result of claims for alleged strict liability in
tort. The obligations of Buyer herein contained shall
survive the expiration of the Agreement as to any
loss, damages, claims, cause of action liabilities,
costs or expenses.
FIRM NAME
_____________________________________________________________________________________________________
I Hereby Certify, That I hold valid
seller's permit No._________________issued pursuant
to the Sales and Use Tax Law:I am engaged in business
of selling
That the tangible personal property described herein
which I shall purchase
from:________________________________________________________
______________________________will be
resold by me in the form of tangible personal
property; PROVIDED, however, that in the even any of
such property is used for any purpose other then
retention, demonstration, or display while holding it
for sale in the regular course of business, it is
understood that I am required by the Sales and Use
Tax Law to report pay for the tax, measured by the
purchase price of such property.
Description of the property to be purchased;
(must be completed)
_______________________________________________
Dated______________Signature________________________________________________
at____________________By and Tittle
(print)____________________________________
Phone ___________________Address
______________________________________
FEDERAL ID NO.:_______________________________
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