You have chosen to apply for this Business Credit Account for your business use and to purchase merchandise on open account under the terms of this Agreement. In consideration of the granting of Account privileges by us, you promise to pay us a credit price for any purchases made on this account, plus any other fees or charges under this Agreement. You hereby agree that this Account shall be used only for the purchase of merchandise and/or services from RENOVA for your business use. You agree that the only persons who may use the Account are those who are listed as Authorized Purchasers listed in the Commercial/Business Application. You agree to be liable to the extent permitted by the applicable law for any losses we suffer due to your failure to notify us of any changes to the Authorized Purchasers list. This agreement is not binding upon us until credit is approved by us.
You agree that we may establish a Credit Limit for your convenience and that you agree that we may change your Credit Limit from time to time, based on our evaluation of changes in your credit capacity and your performance under this Account.
You agree that if an Account is opened pursuant to this Agreement, the Account and all credit extended hereunder shall be governed by this Agreement. By accepting the terms herein, you agree to accept our descriptive billing system accounting for all purchases on the Account. The RENOVA Invoice number will be the reference number used for billing purposes to identify purchases of merchandise/and/or services. Purchase Order numbers will be accepted by RENOVA when available, and printed on your Invoice for your information only. It is your responsibility to provide a Purchase Order number if your company requires a Purchase Order number for purchases. The presence of or lack of a Purchase Order number on the Invoice or Billing Statement in no way affects your responsibility to pay amounts due on this Account. Upon establishment of an Account, you agree to pay, at such place as we designate, in accordance with the billings, the then current payment schedule amounts for the use of this Account, and all applicable charges which may then be in effect.
All invoices are due in full on the thirtieth (30th) day following either the invoice date, or the delivery date, whichever occurs first. We do not agree to defer payment or collection beyond this date and may take action to enforce our rights, including cancellation or suspension of your Account privileges, regardless of any late charge or partial payments that may have already been made.
In the event payment is not made in accordance with the aforementioned payment terms and we institute collection procedures to collect any outstanding invoices, then you shall be responsible to pay all cost and expenses incurred by us, on demand, for all expenses incurred in the collection of such unpaid invoices, including, without limitation, legal fees, court costs or any other costs and expenses.
A late charge of one and one half percent 1-1/2%) may be assessed at the end of each month (18% per annum), or the maximum rate permitted by law, whichever is less, on all open invoice amounts that are past due or more than thirty (30) days old. Product may not be shipped to accounts that are in arrears.
APPLICATION OF PAYMENT
Remittances are required to reference Invoice numbers being paid and payments will be applied against matching open items. When we are unable to match payments with open items these amounts will be applied to open items in order of age or held as a general credit against open or future invoices.
You are giving us and we are retaining a purchase money security interest in the merchandise purchased under this Agreement until the debt for that merchandise is paid in full. This permits us, under certain circumstances, as provided by law, to take back or repossess the merchandise if you do not pay for it under the terms of this Agreement.
If you should become insolvent, if you do not meet your payment obligations when they become due, if a receiver, custodian or trustee is appointed for you or any of your property, if there is a filing of a voluntary or involuntary petition for relief or bankruptcy, reorganization, or arrangement, if an assignment is made for the benefit of your creditors, if there is a meeting called of your creditors or if you should breach any other terms of this Agreement, we may demand the entire unpaid balance to be paid immediately and, as provided by law, commence any legal action for collection of the balance due. We may also pursue any other legal action deemed necessary or appropriate with respect to the Account. You agree to pay reasonable collection fees, attorney’s fees and court costs. We also reserve all rights and remedies pertaining to repossession and resale of any repossessed merchandise as provided by law.
CHANGES IN TERMS
You agree that we may change the existing rates, charges and other terms of the Agreement, as well as introduce new terms (such as non-sufficient check charges), as may be authorized by law. Any such amendments will apply to the then existing balance of your Account to the extent permitted by law. No one else has the authority to change this Agreement.
You give us the right to investigate your business and/or personal credit capacity and credit history. We are authorized to furnish information about the Account and you to credit reporting agencies and others who may lawfully receive this information.
No waiver of any provision of or default under this Agreement shall affect the right of RENOVA thereof to enforce any other provision or to exercise any right or remedy in the event of any other default, whether or not similar.
We reserve the right to assign all or part of the terms and/or conditions of this Agreement at any time, without prior notice to you.
CONDITIONS OF SALE
You agree that any purchase under this Agreement will be subjected to the terms set forth in this Agreement, our Invoices or order forms, and that the terms set out in any different form shall not apply, even though the form may be submitted to or accepted by RENOVA as evidence of the order.
Sales invoices will not be mailed with or accompany the monthly billing statement. Therefore, you must retain your original Sales Invoice for your records.
Experienced workers using standard, approved packaging methods pack all shipments with great care. Unless otherwise agreed in writing, all shipments are FOB origin. Freight charges may not reflect net costs incurred by RENOVA. Delivery and ship dates are best estimates of the time required to make a delivery to a particular location. Purchaser shall be responsible for any handling or storage fees assessed after an attempted delivery.
Deductions from remittances will not be allowed unless written authorization has been obtained in advance from authorized RENOVA personnel. Return Goods Authorizations will be issued by RENOVA’S customer service department and must accompany all material to be returned. Standard products being returned are subject to inspection and will be assessed a minimum 50% restock charge to defray handling and breakdown costs. Non standard and custom manufactured or modified products are not returnable. All returned products must be unused and in saleable condition. All freight charges for returning material are the responsibility of the buyer.
ORDER CHANGES OR CANCELLATION
All order cancellations must be received a minimum of 5 business days before material is scheduled to ship. Changes to orders will be accommodated to the best of our ability. Costs incurred as the result of changes ( i.e. special materials procured, shipping surcharges, retooling, etc.) will be added to the product invoice.
$250 Minimum waived for project punch list items and test samples.