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As part of the consideration for any sales and purchases which may take place between FLORITE INTERNATIONAL INC (FLORITE) and the undersigned, it is expressly agreed that all sales, orders and shipments are non-cancelable/non-returnable (NCNR), and are subject to the terms and conditions stated on FLORITE invoices and/or those terms and conditions as follows:
1. FINANCE CHARGE:
All
orders are based on a net 30 day basis and Florite’s shipping terms are
fright-on-board (FOB), customers will receive an invoice for goods and
services ordered upon release of goods to the transportation carrier.
Any past due accounts in which funds have not been received and are over
30 days will have an automatic finance charge applied to the customers
account. Finance charges are calculated as (number of days past due)
(daily rate) (outstanding invoice amount) for each overdue invoice.
Calculations based on an annual rate of 18%. Any charges incurred in the
collection process will be borne by the customer including, but not
limited to court costs and attorney fees.
2. FREIGHT: All prices are Free On Board (FOB) Woodland Hills, California,
USA, with a 10% of freight handling charge on all prepaid and add (PP&A)
shipments.
3. WARRANTY: FLORITE warrants that the goods manufactured by FLORITE shall
remain free from defects in workmanship or materials for a period of two
years from the date the goods are shipped to Buyer; and that the goods,
subject to customary industry tolerance, conform to the specifications
and other descriptions which may be referred to on the face thereof.
4. CLAIMS: All claims for shortages, defective merchandise or invoicing
errors must be reported to FLORITE within ten (10) days of receipt of goods.
Claims for damaged or lost shipments must be made against the carrier.
5. VENUE: Venue shall be in the County of Los Angeles, State of California,
the laws and decisions of the State of California shall govern all transactions
taking place between FLORITE and Buyer.
6. COLLECTION COSTS: Should it become necessary for FLORITE to commence
collection proceedings or retain an attorney to enforce any of the transactions
which may arise between the parties pursuant hereto, the undersigned agrees
to pay attorney's fees and collection costs.
7. INVOICE TERMS: Applicant agrees to be bound by the foregoing terms and
conditions of sale together with the complete terms and conditions of sale
of FLORITE which Applicant acknowledges are contained on the invoices of
FLORITE. Applicant certifies that the facts set forth in the above credit
application are true and complete to the best of his knowledge.
PERSONAL GUARANTEE
I/We sign this credit application on behalf of Applicant, and as an individual (s)
personally agree to be bound by all of the terms and conditions of sale
set forth herein and contained in the invoices of FLORITE INTERNATIONAL
INC. I/We guarantee payment of all present and future indebtedness of Applicant
to FLORITE and waive all notices from FLORITE and waive the right to require
FLORITE to proceed against Applicant. I/We also agree that our personal
liability hereunder shall not be deemed to be released or discharged by
any extension of time or by any other modification, substitution, settlement,
or compromise granted to Applicant, or by any change in the legal from
of ownership of Applicant. Liability under this Guaranty shall not be released
or terminated by the failure of FLORITE to exercise diligence in enforcing
its rights against Applicant.
This is an absolute and continuing Guaranty. |