The information provided by the applicant (hereinafter, “CUSTOMER”) is for the purpose of establishing a commercial credit account with HILL YORK. CUSTOMER desires to purchase goods and / or services from HILL YORK, and CUSTOMER agrees, In consideration thereof, to be bound by HILL YORK Terms and Conditions of Sale, which are set forth. Hill York hereby objects CUSTOMER further agrees to the following terms:
OPEN CREDIT ACCOUNT: HILL YORK reserves the right to approve or disapprove any request for the extension of credit in its sole discretion. The amount of credit extended to CUSTOMER will be determined by HILL YORK and may vary from time to time. CUSTOMER waives notice of any change in CUSTOMER’s credit limit. CUSTOMER agrees to timely payment of any and all invoices, charges, fees and costs incurred on CUSTOMER's account. Failure to comply with the terms and conditions found herein may constitute suspension of credit or the requirement of other forms of insurance.
CUSTOMER'S REPRESENTATIONS: Credit will be extended by HILL YORK to CUSTOMER based on the information provided in this Credit Application and Agreement. CUSTOMER represents and warrants to HILL YORK that all information and / or financial documents provided to HILL YORK are true and correct. CUSTOMER represents to HILL YORK that it is solvent as of the date of this Credit Application and Agreement, and that any financial statement attached, accurately reflects the present financial condition of CUSTOMER. CUSTOMER expressly authorized HILL YORK to check CUSTOMER's credit background. This may include obtaining a credit report from a credit reporting agency, requesting information from your bank or inquiring directly with your creditors.
DEFAULT: Failure to make timely payment as provided above shall result in all charges on the account being deemed past due. Whether or not expressed in any quotation or invoice, all sums past due shall bear a late charge of 1.5% per month (18% per annum) until paid in full. In addition, CUSTOMER agrees to reimburse HILL YORK for all collection agency fees, expenses, costs, and attorney's fees (including in-house counsel fees) incurred or expended by HILL YORK in enforcing any of its rights hereunder and/or collecting any past due sums.
GOVERNING LAW AND VENUE: To the extent permitted by law, HILL YORK and CUSTOMER agree that State of Florida, Broward County actions or proceedings arising in connection with HILL YORK sale of goods or extension of credits to CUSTOMER shall be tried and litigated only in the Superior Court for HILL YORK'S jurisdiction, or, at the sole option of HILL YORK, in any other court in which HILL YORK and CUSTOMER further agree that the aforementioned choice of venue is to be considered mandatory and not permissive in nature, thereby precluding the possibility of litigation in any jurisdiction, or, at the sole option of HILL YORK, in any other court in which HILL YORK and CUSTOMER further agree that the aforementioned choice of venue is to be considered mandatory and not permissive in nature, thereby precluding the possibility of litigation in any jurisdiction other than the specified in this section or by HILL YORK. HILL YORK and CUSTOMER, to the extent they may legally do so, hereby waive any right each may have to assert the doctrine of forum non convenience.
PURCHASE ORDERS: Issuance of a purchase order by CUSTOMER shall be deemed an acceptance of HILL YORK Terms and Conditions of Sale. CUSTOMER acknowledges and agrees that issuance of a purchase order creates no burden on the part of HILL YORK to verify its accuracy or validity, and goods or services that are provided to CUSTOMER pursuant to a purchase order shall be the full responsibility and obligation of CUSTOMER.
CUSTOMER agrees that each and every sale by HILL YORK to CUSTOMER is subject to HILL YORK's Terms and Conditions of Sale. The undersigned has read and agrees that the CUSTOMER is bound by HILL YORK Terms and Conditions of Sale which may be amended from time to time.