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The undersigned agrees that if this application is accepted, all purchases made shall be due and payable within 30 days of invoice date. Permission is granted to obtain a consumer and/or commercial credit reports on the business and/or the owner(s) of the business from time to time, and to obtain credit and funding information from any source, as deemed necessary by Creditor. The applicant and the undersigned principal owner, stockholders, and directors agree to be personally liable and jointly and separately liable for amounts owed on this account.
The Main Line Supply Co. Inc. Master Credit Application Terms and Conditions ('T&C') and the Main Line Supply Co. Inc. Conditions of Sale ('COS') shall constitute the entire agreement on sale and purchase of product thereon. Applicant agrees that all of the T&C and COS shall at ALL TIMES bind both Main Line Supply Co. Inc. and Applicant on ALL business transactions. No Applicant purchase order (verbal or written), Applicant purchase order terms and conditions, materials contract, or any other document whatsoever shall in any way modify, supersede, or take precedence over any of these T&C or COS unless authorized by an officer of Main Line Supply Co. Inc. in writing. Main Line Supply Co. Inc. hereby rejects any terms and conditions contained in or referenced by any of Applicant's purchase orders or other documents that are in any way inconsistent with, or in addition to, these T&C and COS.
Applicant hereby authorizes Main Line Supply Co. Inc. to obtain a consumer and/or commercial credit reports on the business and/or the owner(s) of the business. Applicant authorizes Main Line Supply Co. Inc. from time to time to obtain consumer and/or commercial credit reports on Applicant or any principals thereof or to obtain credit and funding information from any source deemed necessary by Main Line Supply Co. Inc.
Applicant understands and agrees to notify Main Line Supply Co. Inc. in writing of any changes in ownership, name or structure of business under which credit is established. This notification shall occur prior to or within 48 hours after such change becomes effective.
Main Line Supply Co. Inc. reserves the right to set-off monies due to Applicant. Such set-offs may include (but are not limited to) charges for freight, late fees, service charges, collection cost and unauthorized short payments made by Applicant on prior invoices. Main Line Supply Co. Inc. does not and will not accept the withholding of any retainage for or from any job/project and/or any balance outstanding. As such, you agree not to withhold any retainage on any Main Line Supply Co. Inc. invoices.
Main Line Supply Co. Inc. may impose an inactivity fee of $25.00 per month against any Applicant with a credit balance presumed abandoned by Applicant. An account is deemed abandoned if there is no activity for one (1) year.
Applicant hereby grants to Main Line Supply Co. Inc. a security interest in all goods, equipment, inventory or other personal property purchased by Applicant from Main Line Supply Co. Inc., along with any products, receivables or proceeds of such property, and further authorizes Main Line Supply Co. Inc. to execute and file on behalf of Main Line Supply Co. Inc. any necessary UCC-1 financing, continuation statements or other documents as Main Line Supply Co. Inc. deems necessary to perfect and protect its security interest.
Applicant may be required to provide to Main Line Supply Co. Inc. its current quarterly and annual financial statements in form and substance satisfactory to Main Line Supply Co. Inc. and any additional documents requested by Main Line Supply Co. Inc. which are reasonably necessary to evaluate Applicant's financial condition. The undersigned represents to Main Line Supply Co. Inc. that, unless otherwise noted clearly on the face thereof, such financial statements are complete and accurate.
Payment terms for open account credit sales are Net 30 days from invoice date.
Main Line Supply Co. Inc. reserves the right to require advance deposits on selected NONSTANDARD product orders.
All past due invoices are subject to service charge fees equal to 1.5% per month or the maximum amount permitted by law, along with attorney and/or other collection fees and expenses. Applicant agrees that they remain liable for all unpaid amounts due to Main Line Supply Co. Inc. Applicant agrees that Main Line Supply Co. Inc. has the right to determine, in its sole discretion, how to apply payments and which invoices to pay with all payments received on this account, regardless of any notation or direction Applicant places on payment(s).
Applicant is not entitled to the return of standard, in-stock product or special / non-standard product without prior written consent by Main Line Supply Co. Inc. If Main Line Supply Co. Inc. consents to return of said product, it will do so for credit only (i.e. no cash refunds) and only if, in its sole discretion, it finds the product to be in new and resalable condition. Such credit shall be for the invoice price of the returned product less a restocking fee. If the materials are returned and are found by Main Line Supply to be non-resalable, a lower credit may be issued or the materials may be returned to Applicant at Applicant's expense.
All mechanic's lien, payment bond or similar waivers or restrictive endorsements provided to Applicant by Main Line Supply Co. Inc. for payment by Applicant, shall be effective only for the total dollar amount of the payment actually received.
In event of default, and if applicant account is turned over to a collection agency and/or attorney for collection and/or litigation, Applicant agrees to pay all cost incurred by Main Line Supply Co. Inc. in collection cost, including, but not limited to, attorney fees which may be hourly or contingent fee (e.g., 1/3 of the total balance due whether or not suit is filed), and/or collection by a collection agency.
Applicant agrees, at Main Line Supply Co. Inc's. sole discretion, that the parties may resolve any disputes between them arising from these terms and conditions, or their dealings, relationships, and agreements by informal resolution, mediation, or non-binding arbitration in lieu of litigation. This dispute resolution option shall be held, if at all, in Montgomery County, Ohio.
The person executing (signing) this Master Credit Application acknowledges that they have read and that they fully understand the T&C and COS. Further, they acknowledge that they are duly and legally authorized to bind the Applicant and are authorized by Applicant to bind the Applicant to the provisions of this document.
This quotation is an offer to sell to potential customer(s). BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED TO BUYER'S ASSENT TO THE TERMS AND CONDITIONS PRINTED HEREON AND THE ATTACHED OR ACCOMPANYING QUOTE, AND NO TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON SELLER. THERE ARE NO UNDERSTANDINGS, TERMS, CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED HEREIN.
Seller warrants that it can convey good title to the products sold under this contract and that they are free of liens and encumbrances. Seller also warrants that the products sold under this contract are substantially free from defects in material and workmanship for a period of one year after the date of delivery. There are no express or implied warranties with respect to products sold hereunder which are misused, abused or used in conjunction with mechanical equipment or procedures for which they were not designed. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Seller's liability hereunder shall be limited to the obligation to repair or replace only those products proven to have been defective in material or workmanship at the time of delivery, or allow credit, at its option. Seller's total cumulative liability in any way arising from or pertaining to any product or service sold or required to be sold under this contract shall NOT in any case exceed the purchase price paid by Buyer for such products or services. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
NO DELIVERY DATES ARE GUARANTEED. BUYER'S SOLE AND EXCLUSIVE REMEDIES AND SELLER'S ONLY LIABILITY FOR ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH IN PARAGRAPH 3 OF THIS CONTRACT.
Seller shall not be liable for any act, omission, result or consequence, including but not limited to any delay in delivery or performance, which is due to any act of God, the performance of any government order, any order bearing priority rating or order placed under any allocation program, local labor shortage, fire, flood or other casualty, or any other cause beyond Seller's reasonable control.
If Buyer resells any of the products purchased under this agreement, Buyer shall include the language contained in paragraphs 2 and 3 dealing with Seller's limitations of warranties and remedies in an enforceable agreement with Buyer's buyer.
Title to the products sold hereunder shall pass upon delivery to the carrier at the point of shipment. Neither Buyer nor the consignee shall have the right to divert or reconsign such shipment to any destination other than specified in the bill of lading without permission of the Seller.
Buyer represents that Buyer is solvent and can and will pay for the products sold to Buyer in accordance with the terms hereof. If Buyer shall fail to comply with any provision or to make payments in accordance with the terms of this contract, Seller may at its option defer shipments or terminate this contract. All deliveries shall be subject to the approval of Seller's Credit Department.
Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adjustment to reflect changes in transportation charges.
Buyer shall thoroughly inspect products sold under this contract immediately upon receipt. Buyer must notify Seller of claims for failure or delay in delivery within 30 days after the scheduled delivery date. Buyer must notify Seller of any claims for nonconforming or defective products within 30 days after the nonconformity or defect was or should have been discovered.
Data referring to mechanical properties or chemical analysis are the result of tests performed on specimens obtained from specific locations of the product(s) in accordance with prescribed sampling procedures; any warranty thereof is limited to the values obtained at such locations and by such procedures.
Seller shall indemnify Buyer against attorneys' fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the material delivered hereunder constitutes an infringement of any U.S. patent, provided Buyer gives Seller prompt notice and opportunity to defend.
The products sold hereunder shall be subject to Seller's standard manufacturing variations, tolerances and classifications.
Buyer represents that it has made its own independent determination that the products it is purchasing under this contract meet the design requirements of Buyer's project and are suitable for Buyer's intended application. Buyer further represents that it has not relied in any respect on any written or oral statements or advice from Seller, other than the standard product specifications set forth in Seller's published product brochures.