TERMS
AND CONDITIONS OF
I/we, or either of us request a
credit account with Fuseco Incorporated.
“Terms” are “Discount allowed as stated on invoice
if paid by the 10th of the month following purchases, Net 25th
of month, past due thereafter. All payments
under the terms of each invoice are due and payable at 1211 Regal Row, Dallas,
Dallas County, Texas. It is further
agreed that each past due account shall bear interest at 1.5% per month, 18%
per annum or maximum amount allowed by law, and if this contract is placed in
the hands of an attorney, the undersigned further agrees to pay all expenses,
including court costs, legal and administrative expenses, and attorney fees
paid or incurred by Fuseco in endeavoring to collect the sums due and owing by
the company, and that the venue shall be Dallas, Texas. IT IS FURTHER UNDERSTOOD THAT IN THE EVENT
SELLER DEEMS HIMSELF INSECURE OR IF THE BUYER DOES NOT MAKE A PAYMENT ON A DUE
DATE, SELLER HAS THE RIGHT TO ESTABLISH NOTICE ON JOBS, TERMINATE SHIPMENT OF
MATERIAL AND ACCELERATE ALL BALANCES TO BE PAID IMMEDIATELY. IN THE EVENT INVOICES ARE NOT PAID AS AGREED
BUYER AGREES THAT SELLER SHALL HAVE RIGHT OF REPOSSESSION OF ANY MATERIAL SOLD
BY SELLER LOCATED ON JOB SITE(S) OR IN WAREHOUSE OF BUYER. Buyer further agrees
to give Fuseco notice by certified mail requested, 30 days prior to change in
ownership or incorporation.
LIMITATION OF
LIABILITY
FUSECO ELECTRICAL SUPPLY SHALL NOT BE LIABLE IN
CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILTY) OR OTHERWISE FOR
DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, LOSS
OF USE OF EQUIPMENT OR FACILITY, COST OF CAPITAL, CLAIMS OF CUSTOMERS
PURCHASER, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER. The remedies of purchasers
set forth herein are exclusive and the liability of Fuseco Electrical Supply
with respect to any contract, or anything done in connection herewith such as
the performance or breach thereof, or from the manufacture, sale, delivery,
resale or use of any product covered or furnished under the contract whether in
contract, in tort (including negligence and strict liability) or otherwise
shall not exceed the price of the product on which such liability is based.
The undersigned agrees that the information
furnished on this credit application is true and correct and hereby authorizes Fuseco
Incorporated to investigate all information given and hold free from liability
all creditors and other persons who may respond to inquiries on this
application or furnished by credit reporting agencies. The undersigned agrees to and acknowledges
acceptance of the terms and conditions contained herein and as stated on each
invoice.
Signed
this date____________________________________________________, 20_________
Signature Title
Signature Title
If a partnership - signature of partners If a corporation – signature of authorized officer
APPROVAL AND COMMENT
CONTRACT OF CONTINUING GUARANTEE
In consideration of Fuseco Incorporated (herein Fuseco),
now or hereafter extending credit to the named company on this
Application_____________________________________________________________________(herein the company), the undersigned do(es) hereby guarantee the timely payment of said amount
(including service charges, if any) as regards all sums now owing or hereafter
becoming due as regards all extensions of credit which may be granted by Fuseco
to the Company in the future for so long as this guarantee remains in effect as
hereinafter provided.
This is intended as a contract of continuing
guarantee and shall apply with respect to all past and future indebtedness due
from the company to Fuseco, without limitations as to the amount and shall at
all times include the full indebtedness of the company to Fuseco.
The liability of the undersigned for any unpaid
balance shall not be affected by the compromise, settlement, extension of
credit, or variation of terms affected by or with the Company and Fuseco, nor
shall it be necessary for Fuseco TO PROCURE THE CONSENT OF THE UNDERSIGNED OR
GIVEN ANY NOTICE IN REFERENCE THERETO.
Regardless of the Corporate title, it shall be
construed that if credit is extended, the undersigned does hereby guarantee and
agree to and acknowledges acceptance of terms and conditions as stated in this
contract of the continuing guarantee.
THE UNDERSIGNED WAVES NOTICE OF ACCEPTANCE OF THIS
GUARANTEE, NOTICE OF NON-PAYMENT AND/or non-performance notice of the amount of
indebtedness outstanding at any time and notice of any demand and/or collection
proceedings against the Company.
Fuseco shall have the right to proceed against us
therefore at any time without any notice whatsoever and without proceedings or
action against said debtor.
This guarantee is to remain in full force and effect until written notice of the withdrawal of the same has been served by the undersigned upon Fuseco at its office at 1211 Regal Row, Dallas, Dallas County, Texas, by the United States Registered Mail, return receipt demanded, or by written notice of withdrawal personally served on the manager of such office provided, further, that such withdrawal in no event be effective as to new transactions until five (5) days subsequent to the actual receipt of such notice.
The undersigned further agrees to pay all expenses,
including court costs, legal and administrative expenses, and attorney fees
paid for or incurred by Fuseco in endeavoring to collect the sums due and owing
by the Company or in connection with the enforcement of this guarantee. Venue of such action shall be in Dallas
County, Texas.
The obligation of all parties
signing this guarantee, where more than one sign, shall be joint and several.
The benefits and obligations hereof shall extend to
and bind the heirs, administrator, successors, and assigns of the respective
parties hereto.
The guarantee and performance thereunder
shall be construed and determined according to the laws of the State of Texas.
The
undersigned have executed this contract of continuing guarantee on the _______
day of_________________________, 20_________.
Name_______________________________________________________
Name___________________________________________________
No
Title No
Title
Address______________________________________________________ Address_________________________________________________
City____________________________State_____________Zip__________ City__________________________State___________Zip________