Applicant by submitting the Confidential Credit Application acknowledges and agrees to be bound by all of the terms contained in this Account Agreement should this Account Agreement be approved by Fleet Core Inc. It is understood and agreed that all invoices from Fleet Core Inc for goods sold, services rendered or other related work performed are due, in full, following the delivery date without any offset, withholding or deduction. Any payments made will be applied first toward any costs of collection, then to any accrued interest, with the balance applied to the principal amount outstanding. In the event any charges are not paid when due, the undersigned agrees to pay interest at the rate of 24% per annum compounded monthly on any outstanding balance. The undersigned will additionally be responsible for payment to Fleet Core Inc of all costs incurred in the collection of the account, including late fees, reasonable attorneys’ fees, courts costs and witness fees. Restocking fees are 15% for all returns. Applicant hereby expressly waives its right to have discharged under any bankruptcy laws, the repayment of any federal, state and/or local fuel excise taxes, sales and use taxes, environmental fees, and such other taxes that are advanced to any local, state or federal government or its agencies by Fleet Core Inc for and on behalf of Applicant.
The foregoing obligations are also secured by a Security Agreement of even date herewith, which Security Agreement contains additional rights of Fleet Core Inc. A true and correct copy of the Security Agreement is attached hereto and its terms and conditions are incorporated herein by this reference.
The terms of this Account Agreement shall be governed by the laws of the State of Colorado. All actions and proceedings arising from or related to this Account Agreement or the below Personal Guarantee will be litigated in courts situated in Douglas County, State of Colorado. The Parties hereto consent and submit to the jurisdiction and venue of any such local or state court.
The undersigned represents that the information contained in the Confidential Credit Application and this Account Agreement is true, complete and correct. The undersigned authorizes the verification of the information by Fleet Core Inc. Further, by signing below, the Applicant attests to the financial responsibility, ability and willingness to pay invoices of Fleet Core Inc in accordance with the terms set forth above. It is acknowledged and agreed that signatures on this Account Agreement that are delivered via facsimile or electronically in a portable document format (pdf) will be treated as original signatures. The terms and conditions of this agreement shall not be amended or superseded by any other agreement, either verbal or in writing, including purchase orders and master service agreements. Changes made to this document or the terms within must be in writing and accepted by both parties.
Tax Exempt customers must include current tax exemption certificates before first order is placed. No refunds will be issued for taxes paid prior to tax exemption certificates submitted
The undersigned personally guarantees to Fleet Core Inc the full and prompt payment, performance and discharge of each and every provision and condition of the Account Agreement by Applicant. The failure of Fleet Core Inc to exercise any rights or remedies it may have against the Applicant shall in no way impair this obligation, and the liability of the undersigned is and shall be direct and in all respects unconditional. Fleet Core Inc shall not be required to proceed against the Applicant or enforce any other remedy before proceeding against the undersigned. It is understood and agreed that credit, if extended to Applicant is to be on a continuing basis, and Fleet Core Inc shall not be obligated to notify the undersigned of the dates, terms or amounts of any such credit and the undersigned waives all notice of non-performance, non-payment, non-observance, or default on the part of Applicant of the terms, covenants, or conditions of the Account Agreement. It is acknowledged and agreed that signatures on this Personal Guaranty that are delivered via facsimile or electronically in a portable document format (pdf) will be treated as original signatures.
