Capri Farms Credit Application

Capri Farms Credit Application

 

References 

Trade References

In the event that your account must be placed in the hands of an attorney, you will be responsible to pay all suit fees. Purchase Agreement & Authorization Release Upon approval of this Credit Application, Capri Farms Inc., hereinafter referred to as “Creditor”, agrees initially to extend credit to Customer and will advise Customer of same. If any invoice or charge is not paid by Customer within its due date, Customer agrees to pay a service charge on the amount owing, equal to one and one-half percent (1 ½%) per month or the highest rate allowed under applicable law, whichever is lower. If any claims arise with respect to defects in quality or quantity, or as to any other matter, Creditor shall not be liable, if at all, unless Customer shall make written claim to Creditor within forty-eight (48) hours after receipt of any shipment involved in such claim, and failure to present any such claim within that time will be considered a waiver of the claim. Any claims by the telephone shall be confirmed immediately in writing to Creditor. All shipments are F.O.B. point of shipment. The Customer agrees to resolve all claims arising from shipment directly with the Carrier. Loading of the shipment is the responsibility of the Carrier. Customer hereby authorizes Creditor to investigate Customer’s credit record and to report Customer’s performance under this transaction, or any other agreement between Creditor and Customer, to credit agencies. Customer acknowledges that in the event of non-payment, its account can be assigned for collection. Customer waives any claim of jurisdiction or venue in the County or state of Customer’s residence or place of business, and agrees that, should suit be instituted, personal jurisdiction, as well as venue, will be exclusively at the option of Capri Farms Inc. In the event that Capri Farms Inc. institutes legal proceedings to collect any amount due and owing is instituted then Customer will be responsible for any cost incurred in the collecting of such amount including, but not limited to, reasonable attorney’s fees and court costs incurred at both the trial and appellate levels. If any provisions hereof are deemed invalid or unenforceable to any extent, the remainder of the terms hereof will not be affected thereby and will be enforced to the greatest extent permitted by law. Capri Farms Inc. reserves the right to revoke credit at anytime for any reason and without explanation. Customer hereby authorizes their references and bank to release any information necessary to assist in establishing a Line of Credit. Copies of said document can be used at any time to recover information as long as the company continues business relationship with the below mentioned Creditor. Customer hereby acknowledges and agrees to all conditions as set out in this agreement.

Personal Guaranty

WHEREAS,

is or may become indebted to Capri Farms Inc.: NOW THEREFORE, for valuable consideration, the consideration, the receipt and adequacy of which are hereby acknowledged, the under-signed Guarantor hereby absolutely and unconditionally guarantees to Creditor the prompt payment at maturity and all time thereafter of the Debt. Guarantor represents that he, she or it, is the owner of a direct or indirect interest in Customer and the Guarantor will receive a direct and material benefit from the proceeds of any of the debt. In the event of fault by Principal in payment of the Debt or any part thereof when such indebtedness become due, either by its terms or as the result of the exercise of any power to accelerate, Guarantor shall, on demand and without further notice of dishonor, without any notice having been given to Guarantor previous to such demand of the creating or incurring of indebtedness, pay the amount thereon to Creditor and it shall not be necessary for Creditor, in order to enforce such payment by Guarantor, first to institute suit or exhaust its remedies against Customer or others liable on such indebtedness. This guaranty is executed and delivered as an incident to a credit transaction wherein, the event of nonpayment, the Customer’s account will be assigned for collection at the option of Capri Farms Inc. Guarantor acknowledges that, should suit be instituted, jurisdiction of the person and subject matter, as well as venue, shall be exclusively at the option of Capri Farms Inc. This is not a contract of surety ship.

Do not write below this line, office use only.
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Credit Approval: Approved _____ Disapproved _____ Limit $ ____________________________
Approved By _______________________________________ Date _______________________
General Remarks _____________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________