Credit Application
APPLICABLE TO ALL SALES UNLESS OTHERWISE AGREED TO BY ABATTI RANCH. (HEREIN "COMPANY") IN WRITING, THESE STANDARD TERMS AND CONDITIONS SHALL APPLY TO ALL SALES BY COMPANY.
PURCHASE ORDERS: COMPANY SHALL SET ALL PRICES FOR ITS SERVICES, MAY ADJUST THESE PRICES FROM TIME TO TIME, MAY REQUIRE MINIMUM ORDERS, AND MAY ELECT NOT TO ACCEPT AND ORDER FOR ANY REASON. NO ORDER WILL BE BINDING ON COMPANY UNTIL ACCEPTING IN WRITING BY AN AUTHORIZED EMPLOYEE. ONCE ACCEPTED BY COMPANY, AN ORDER MAY NOT BE CANCELLED OR CHANGED BY THE CUSTOMER WITHOUT COMPANY'S CONSENT WHICH CAN WITHHOLD IN ITS SOLE DISCRETION. LIMITED WARRANTY, DISCLAIMER OF IMPLIED WARRANTIES: COMPANY MAY, IN ITS SOLE DISCRETION, PROVIDE A LIMITED WARRANTY ON CERTAIN PRODUCTS, AND IF IT DOES, THE LIMITED WARRANTY WILL BE STATED ON A PRINTED FORM INCLUDED WITH THE PRODUCT SOLD. NO OTHER WARRANTIES, EXPRESSED NOT IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SHALL APPLY TO ANY SALE.
LIMITATION ON DAMAGES: IN NO EVENTWILL COMPANY BE LIABLE FOR ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF A PRODUCT WITH REGARD TO ANY CLAIMS RELATED TO SUCH PRODUCT, WHETHER SUCH CLAIMS ARISE OUT OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE. COMPANY HAS THE RIGHT TO REPAIR
OR REPLACE ANY PRODUCT FOR WHICH A CLAIM IS MADE RATHER THAN PAY MONEY DAMAGES. COMPANY SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
DELIVERY DATES: ALL DELIVERY DATES QUOTED BY COMPANY ARE APPROXIMATE. COMPANY RESERVES THE RIGHT NOT TO SHIP UNTIL FULL PAYMENT RECEIVED. IF COMPANY SHIPS PRIOR TO FULL PAYMENT, CUSTOMER GRANTS COMPANY A SECURITY INTEREST IN THE PRODUCT SHIPPED TO SECURE ALL AMOUNTS DUE WITH REGARD TO SUCH SHIPMENT. COMPANY MAY MAKE SHIPMENTS IN INSTALLMENTS.
RISK OF LOSS, SHIPPING ORDERS: RISK OF LOSS PASSES TO CUSTOMER UPON DELIVERY TO THE SHIPPER BY COMPANY. CUSTOMERS SHALL PAY ALL SHIPPING CHARGES EITHER PRIOR TO SHIPPING OR UPON DEILIVERY, AS SPECIFIED BY COMPANY.
WRITTEN TERMS MODIFICATIONS: THESE WRITTTEN TERMS WRITTEN APPLYTO EACH PURCHASE BY CUSTOMER. ANY MODIFICATION OR ADDITIONS TO THESE WRITTEN TERMS MUST BE IN WRITING AND EXECUTED BY AN AUTHORIZED EMLOYEE OF THE COMPANY
DESCRIPTION OF LITERATURE: CATALOGUES, SALES MATERIALS, PRODUCT BROCHURES AND ADVERTISEMENTS PROVIDE GENERAL DESCRIPTIONS OF THE PRODUCTS OFFERED BUT SHALL NOT BE TAKEN AS SETTING PRECISE TERMS OR AS BEING PART OF ANY CONTRACT FOR SALE.
FORCE MAJEURE: THE TIME FOR PERFORMANCE BY COMPANY SHALL BE EXTENDED BY ANY DELAYS CAUSED BY WAR, FIRE, ACTS OF GOD, RIOT, EMBARGO, CASUALTY, OR OTHER MATTERS OUTSIDE OF THE REASONABLE CONTROL OF COMPANY.
SEVERABILITY: IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD BY ANY COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, INVALID OR UNENFORCEABLE
FOR ANY REASON, THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL NONETHELESS REMAIN IN FULL FORCE AND EFFECT.
CONFIDENTIAL INFORMATION: CUSTOMER AGREES TO MAINTAIN IN STRICT CONFIDENCE ALL OF COMPANY'S PRICING INFORMATION, CUSTOMER LISTS AND OTHER INFORMATION COMPANY DESIGNATED AS CONFIDENTIAL BY LABEL, STAMP OR WRITTEN COMMUNICATION. CUSTOMER IS NOT AUTHORIZED TO, NOR SHALL CUSTOMER DISCLOSE OR USE ANY OF COMPANY'S CONFIDENTIAL INFORMATION IN ANY MANNER NOT EXPRESSLY PERMITTED HEREBY.
TRADEMARKS, COPYRIGHTS: CUSTOMER AGREES NOT TO REPLACE OR ALTER THE TRADEMARKS, TRADE NAMES, GRAPHIC DESIGNS, LOGOS AND OTHER INDUSTRIAL PROPRIETARY RIGHTS AS THEY APPEAR ON COMPANY'S PRODUCTS, BROCHURES, OR MATERIALS. FURTHERMORE, CUSTOMER AGREES NOT TO REPRODUCE OR USE ANY OF THE COMPANY’S TRADEMARKS, TRADE NAMES, GRAPHIC DESIGNS, LOGOS OR COPYRIGHTED MATERIALS.
CREDIT TERMS: DUE NET 7 DAYS FROM DATE OF INVOICE, VIA ACH / WIRE. BUYER AGREES TO PAY A FINANCE CHARGE OF 1.5% PER MONTH EQUAL TO 18% ANNUAL PERCENTAGE RAE THAT WILL BE CHARGED ON PAST DUE INVOICES. IF THAT AMOUNT IS IN EXCESS OF THE AMOUNT ALLOWED BY LOCAL LAW, THEN THE HIGHEST AMOUNT PERMITTED BY SUCH LAW WILL BE ASSESSED.THIS CHARGE APPLIES TO ALL PAST DUE INVOICES THAT REMAIN UNPAID PAST THE DUE DATE. PAYMENTS ARE APPLIED AGAINST OUTSTANDING INTEREST CHARGES FIRST AND ANY THEN THE REMAINDER APPLIED AGAINST THE OLDEST INVOICES.
CREDIT LIMIT: THE COMPANY SETS THE CREDITLIMIT AND IT ALSO IN ITS SOLE DISCRETION MAY REVISTTHE CREDIT LIMIT AMOUNT. IF A CHANGE OCCURS THE RESPONSIBLE PARTY(IES) UNDERSTANDS AND AGREES THA TTHEIR PERSONAL GUARANTEE FOR PAYMENT OF ALL AMOUNTS DUE THE COMPANY EXTENDS TO THE REVISED CREDIT LIMIT AND TO ANY AMOUNTS THAT HAVE BEEN EXTENDED OVER THAT APPROVED CREDITLIMIT.
COLLECTION COSTS: IN THE EVENTTHE ACCOUNT IS REFERRED FOR CO LLECTION, BUYER AGREES TO PAY ALL COSTS OF COLLECTION, INCLUDING ATTORNEY FEES AND COSTS INCURRED WHETHER OR NOTA LEGAL ACTION IS ACTUALLY COMMENCED.
VENUE: ALL SALES SHALL BE DEEMED, ENTERED INTO IN IMPERIAL COUNTY, CALIFORNIA AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.
I authorize the above financial institution(s) or trade references to release information regarding the accounts listed above to Abatti Ranch 2015
Silsbee Rd., El Centro, CA.92243, (760) 482-9400. Applicant has read the provisions set forth on this application and fully understands them.
Applicant represents the foregoing is true and correct and that Abatti Ranch, is relying on said information. A misrepresentation of this information is
a default in the credit terms.
