DELIVERY & WAREHOUSE
CREDIT APPLICATION AND AGREEMENT
355 FOOD CENTER DRIVE, BLDG. G, BRONX, NY 10474
PLEASE NOTE: A COPY OF ONE OF THE FOLLOWING DOCUMENTS MUST BE SUBMITTED IN CONJUNCTION WITH THIS CREDIT APPLICATION: CERTIFICATE OF AUTHORITY, SALES & USER TAX REGISTRATION, BUSINESS CERTIFICATE OR ANY DOCUMENT FROM
A STATE, CITY OR COUNTY AGENCY AUTHORIZING THIS LOCATION TO DO BUSINESS.
The undersigned (herein called the "Customer" hereby applies to Nebraskaland, Inc. for extensions of credit from time to time in connection with sales by Nebraskaland to the Customer according to the items herein for any and all goods and merchandise as follow:
I. Nebraskaland agrees, in its sole discretion, to extend to the Customer, a line of credit in an amount ufficienl tQ satisfy the Customer's needs. Said credit line is subject to random review by ebraskaland and may be increased, decreased, suspended or revoked .entirely a(any time al Nebraskaland's sole discrctton.
2. The Customer agrees to pay Nebraskaland in full within 14 days of delivery for any items purchased from Nebraskaland.
3. The Customer agrees to pay Nebraskaland interest at the rate of two percent (2%) per month, on any unpaid balance outstanding for 21 days or more.
4. In the event the Customer defaults in the performance of any of the aforementioned terms or conditions of this agreement, then Nebrnskaland may, at its sole discretion and option, continue to sell Customer on a "Cash in Advance" basis or cease lo sell to Customer until such time as Nebraskaland is satisfied that Customer's account is back in good standing.
5. In the event that Customer fails to make any payment required by this agreement, Nebraskaland, at its option, may declare the account delinquent and refer Customer's account to a collection agency for collection or an attorney for legal action.
6. In the event that Nebraskaland refers Customer's account to a collection agency, Customer, agrees to pay a fair and reasonable delinquency charge of any sums required by said collection agency for collection.
7. In the event Nebraskaland refers Customer's account to an attorney for legal action, then Customer agrees to pay the fair and reasonable attorney's fees.
8. Customer agrees to notify Nebraskaland, in writing, of any changes in ownership, store name, and / or location no Jess than fourteen days PRIOR to such change.
9. As an inducement to Nebraskaland to extend credit to Customer, the Princi"pal ($) of Customer hereby agree to be personally bound by terms of the agreement and also agree to personally guarantee payment to Nebraskaland in accordance with this agreement. Any and all Principals agree to execute any documents provided by Nebraskaland, which may be reasonable necessary to effectuate the intent of this paragraph.
IO. Customer understands and acknowledges that this agreement constitutes a commercial and / or business transaction and it is outside the scope of any city, state or federal consumer protection laws. The Customer hereby waives any and all rights or claim to rights arising under any such consumer protection laws including as to the use by Nebraskaland of any prejudgment remediesihnt it may deem necessary.
11. Customer and Principal(s) agree to execute any additional documents including but not limited to the SECURITY AGREEMENT relating to and confonning to this agreement at Nebraskaland's request.
12. Customer and its Principal(s) acknowledge that he/ she/ they read and understand the English language, have read this document in its entirety, understand it fully and agree to its condition.
13. Failure by Nebraskaland to exercise any of its options herein shall not constitute a waiver by Nebraskalanad to exercise such options at a later time as Nebraskaland deems necessary.
14. This Agreement is subject to final approval by Nebraskaland's Credit Manager and it is non-binding until such approval is granted.
ADDENDUM: The person(s) filing this credit application must submit a copy of their *VALID DRIVER'S LICENSE*. The application will not be processed without said document.
I/We certify the furnished information to be true and accurate.
I/We authorize the listed trade and bank references to be contacted for confirmation either by verbal or written request. If credit is granted based on the information provided in this application.
I/We agree to payments in accordance with the standard terms and conditions of sales as are defined by the credit grantor. The undersigned, personally, jointly and severally unconditionally guarantee prompt payment when due of all indebtedness and liabilities that now, or at anytime or times hereafter may be or become owing to the credit grantor from the named applicant for credit. The undersigned further guarantees the payment of all interest, attorney's fees, court costs, and other costs of collections which may result from failure to comply with the standard terms and conditions of sale.
The undersigned Principal of the Customer personally guaranties all sums due on Customer's account to Nebraska land, Inc.
As part of this application for credit, we grant permission to Nebraskaland Inc., Seafax Inc., and/ or commercial credit reporting agencies to obtain credit information from the above listed bank and trade references for the purposes of obtaining credit.