Contractor Credit Account Application - American Building And Roofing Page 3
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4American Building &. Roofing, Inc.
Contractor Credit
Account Application
Terms &. Conditions
Permission is hereby granted to American Building
&
Roofing, Inc. (ABR, Inc.) to verify credit information from the references
and information
provided,
and to make all other pertinent credit inquires as deemed necessary to make a credit
determination.
The undersigned applicant agrees to be bound by all of the terms and conditions in this application, any
documents referenced in this application or any supplements to this
application.
I (we) further agree that in the event credit
is extended by American Building & Roofing, Inc., terms of sale are as indicated on each invoice, after which date the account
is
delinquent.
ANY AMOUNT DUE AND REMAINING UNPAID AFTER SUCH DATE MAY INCUR A SERVICE CHARGEOF 1
1/2
%
PER MONTH (18% per
annum)
OR THE HIGHEST RATE ALLOWED BY LAW ON THE UNPAID BALANCEUNTIL PAID IN FULL.
I/we agree that invoices and monthly statements are accurate in
all
respects and waive any right to later object to the
amounts stated therein, unless I/we notify ABR, Inc. in writing within 20 days of receipt of new charges on the invoice or
statement.
Payments received toward the account may be applied to the unpaid
balances,
as ABR,
Inc.
deems appropriate.
I/we agree that claims for shortages and/or notice of non-conforming goods must be made within 48 hours of delivery.
The
sole and exclusive remedy for non-conforming goods
shall
be replacement
or
refund of payment at ABR, Inc.'s option. I/we
agree that any goods accepted for return are subject to ABR, Inc.'s restocking charge of 10%. Special order may be returned
only with approval
of
the yard manager and may be
subject
to a significant restock
fee.
In the event that it becomes
necessary to assign the account to a collection agency and/or an
attorney for
suit, I (we) agree to pay agency and/or
attorney fees, contingent collection fees, expenses and costs that are incurred to collect said debt. If a suit is
brought,
venue
will be at the sole discretion of
ABR,
Inc. All decisions
with respect
to the extension or continuation of credit
shall
be at the
sole
discretion of
ABR, Inc. who may terminate any account credit availability at any time within its sole
discretion.
No other
terms
or
conditions
will
become part of any sales
agreement,
unless specifically approved in writing by
ABR,
Inc. Payments
may
be applied
against
open charges
in
the discretion of ABR,
Inc.
ABR,
Inc. shall have the
right
of recoupment.
In the
event of adverse action taken
on
the
part
of ABR,
Inc. Debtor
may exercise their rights under the Federal equal Credit
Opportunity Act, and may request in writing within 30 days the reasons for such adverse
action,
and will be entitled to a
written response
from
ABR, Inc. within 60 days of such request. The act prohibits creditors from discriminating against credit
applicants on the basis of race,
color,
religion, national
origin, sex,
marital status or age (provided the applicant is of legal age
to
enter
into a binding
contract);
because
all
or part of the applicants income derives from any public assistance
program;
or
because the
applicant
has in good faith exercised any right under the
Consumer
Credit Production
Act.
Seller is hereby
"granted"
and "shall
retain
a security interest" in and to any and all goods and materials
and
proceeds thereof, but not limited
to, accounts
receivables,
notes, and choices in action relating to goods sold to us, any of us, and/or the company we
represent, until all
indebtedness to seller is paid in
full
and until such time seller
shall
have all rights
of
a secured party as
provided by the Washington State Commercial Code including the right to collect a deficiency.
I
(we) have read the above term
and
conditions and agree to abide by them.
Dated this
day of
1
_
Authorized
Signature
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_
Title
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Print Name
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Authorized Signature
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_
Print Name
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