GENERAL: Each business must submit an application for an account with Poly Vinyl Creations, Inc., Inc. to be able to purchase materials. They can apply for a credit account or a COD account. Submittal of an application does not guaranty an account to be opened. An account is not opened until an approval letter is sent out. Poly Vinyl Creations, Inc. reserves the right to modify this application, terms of the application and the account, and status at any time without notice.
PROMISE TO PAY: The account agrees to pay in US funds for all purchases, late charges, return check charges, and under charges in this agreement incurred by the account including any collections costs, court costs and reasonable attorney fees.
CREDIT LINE: Based on your credit history and request for credit, you may be issued a credit line with Poly Vinyl Creations, Inc., Inc. Standard credit terms are generally 30 days. This may be increased, decreased, or revoked at any time based on your payment history with Poly Vinyl Creations, Inc., Inc.
FINANCE CHARGES: 1.5% finance charges per month are applied on all accounts more than 30 days past due or the maximum allowed by State law. These are legally assessed and billed charges on all past due invoices.
RETURN CHECK FEE: Any dishonored check or returned check will be assessed a $25 fee or 5% of the value of the check, whichever is greater or the maximum penalty allowed by the laws of the state the check was presented to Poly Vinyl Creations, Inc., Inc. Thus if the check was mailed in to one of the offices and deposited in that county, then even if the check originated from another state, it will be prosecuted in the county in which it was presented.
ARBITRATION: Applicant(s) agrees to pay all costs of collection incurred by Poly Vinyl Creations, Inc., Inc. including reasonable attorney fees and expenses, should a default in payment or any obligation of the Applicant(s) occur.
CHANGE IN TERMS: Poly Vinyl Creations, Inc. reserves the right to change terms, conditions, services or features of your account or this agreement at any time. As time allows, we will always try to give 30 days’ notice for any change unless an immediate change is necessary such as change in account status due to continuing late payments or inactivity.
CANCELLATION OF ACCOUNT: All accounts with no purchase activity for 6 months will become inactive in our system and any credit previously given will be revoked. Any account with no activity for 12 months will be closed and will have to re-apply for an account.
HOLD HARMLESS: Poly Vinyl Creations, Inc., Inc. makes no warranties, express or implied, including without limitation, warranties as to merchantability, or fitness for a particular use or purpose and shall not be liable for such. Any contradictory statement made by an employee of Poly Vinyl Creations, Inc., Inc. shall have no effect. Poly Vinyl Creations, Inc., Inc. will help but shall not be held responsible for any product defects, manufacturer’s shipping defects, etc. in manufacturing.
TITLE OF PROPERTY: Title to all material shall remain Poly Vinyl Creations, Inc., Inc. until the product is paid for in full and retains lien rights as applicable by law.
LIEN RIGHTS: Poly Vinyl Creations, Inc., Inc. reserves the right to request at any time where product is being installed in order to protect their lien rights.
DELIVERY: All items are FOB Poly Vinyl Creations, Inc., Inc. Invoices are to be paid from the delivery ticket (invoice). Any problems with delivery are to be notated at time of delivery and Poly Vinyl Creations, Inc., Inc. business office must be notified within 24 hours of delivery of any discrepancy. UPS and common carrier deliveries have 3 days to be notified of problems with delivery. This insures the problem is corrected immediately and tracked. Poly Vinyl Creations, Inc., Inc. reserves the right to refuse to honor any discrepancy that is not acknowledged to Poly Vinyl Creations, Inc., Inc. in a timely fashion.
CHANGE OF OWNERSHIP: It is the responsibility of the current owner to provide to Poly Vinyl Creations, Inc., Inc. in writing of any change in ownership, purchasers, etc. If selling a business, Poly Vinyl Creations, Inc. must be notified at least 30 days prior to the sell of the business to change the account and secure all payments on account. It is the owner’s responsibility to verify Poly Vinyl Creations, Inc. has this information.
COMMITMENT TO PAY: The “Guarantor,” in consideration for an account with Poly Vinyl Creations, Inc., Inc. certifies the truthfulness and veracity of the this application and bind themselves to the faithful payment of all amounts purchased or now owing, by Guarantor(s), or any other person, firm, or corporation for their benefit. The guarantor hereby personally guarantees the payment by Applicant(s) to Poly Vinyl Creations, Inc., Inc. of all amounts due, and from time to time hereafter (“Liabilities”) from Applicant(s) to Poly Vinyl Creations, Inc., Inc. Guarantor expressly waives notice from Poly Vinyl Creations, Inc., Inc. of its acceptance and reliance on this personal guaranty, notice of sales made to Applicant(s), and notice of default by Applicant(s).
DEFAULT OF PAYMENT: In the event of a default by Applicant(s)(s) on its obligations to Poly Vinyl Creations, Inc., Inc., Poly Vinyl Creations, Inc., Inc. may proceed directly to enforce its rights hereunder and shall have the right to proceed first against Guarantor, without proceeding with or exhausting any other remedies it may have. The undersigned further agrees that to the extent that Applicant(s) makes a payment or payments to Poly Vinyl Creations, Inc., Inc. which payments, or any part thereof, are subsequently invalidated, declared to be fraudulent or preferential, set-aside or required to be repaid to Applicant(s), its estate, trustee, receiver, and any other party under any bankruptcy law, federal law, common law, or equitable cause, then to the extent of such payment or repayment, the Liabilities or portion thereof which has been paid, reduced or satisfied by such amount so repaid shall be reinstated as of the date such initial payment, reduction or satisfaction occurred. The undersigned hereby individually and personally guarantees any and all debts incurred by the above business and we agree that the Seller (Poly Vinyl Creations, Inc.) retains title to all goods until payment is made in full. In the event of litigation, all parties agree that the venue shall be determined by Poly Vinyl Creations, Inc. Corporate Office and may include litigation at any of its branch locations. All parties agree to waive any right to trial by Jury. Poly Vinyl Creations, Inc., Inc. shall be entitled to reimbursement for all collection costs, court costs, interest and reasonable attorney fees through appeal and post judgment proceedings.
AUTHORIZATION OF PURCHASES: Purchases and/or deliveries are herewith authorized to be made without signature.
NOTICE TO THE BUYER: Do not sign this agreement before you read it fully. You are entitled to a copy of the agreement you sign upon request. The seller retains a security interest in the subject matter of this agreement. You may at any time pay the full amount due.
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