For the purpose of establishing and maintaining credit, the statements and information provided in and with this application are completely accurate, full, true, and correct. Applicant unconditionally authorizes Mailers HQ to make inquiry into, to request, and to receive any information concerning character, general reputation, financial or credit status from creditors or financial institutions which Mailers HQ deems relevant for the granting and collection of the proposed indebtedness and the Applicant authorizes any creditor or financial institution to divulge such information to Mailers HQ without any liability whatsoever. Applicant understands that Mailers HQ will rely on the accuracy of any information set forth in and with this application and all information obtained in determining whether to extend credit. Applicant agrees to pay all charges and/or invoices within payment terms granted. Any unpaid balance and any resulting interest shall bear interest at the lesser rate of 1.5% per month, or the maximum rate permitted by applicable law, until paid in full. Applicant understands and agrees that payment in accordance with agreed upon terms is not contingent on Applicant’s receipt of payment from any other party for goods or services provided by Mailers HQ. Mailers HQ reserves the right to not extend credit to the Applicant or to withdraw credit at any time at Mailers HQ’s sole discretion, without notice to Applicant. Applicant hereby warrants and represents that the information furnished to Mailers HQ under this Application and any other financial statements and/or information furnished in connection herewith, is accurate, true, correct, complete, and that this information is being furnished to Mailers HQ for the purpose of inducing Mailers HQ to extend credit to Applicant, and understands that Mailers HQ intends to rely upon such information. Applicant represents and warrants that it is solvent, generally able to pay its debts as such debts become due, and has capital sufficient to carry on its business, and timely pay for the goods ordered from Mailers HQ. Applicant understands and agrees to promptly disclose in writing to Mailers HQ, any material change (more than five (5%) percent of its net worth and/or gross sales from the previous Calendar year) in the Applicant’s financial condition and or any other information provided herein, including, but not limited to, change of more than 25% of ownership, either directly or indirectly, address or telephone number. Applicant understands that Mailers HQ will retain this Application whether or not it is approved. Applicant’s Principals hereby authorize Mailers HQ to check from time to time, in Mailers HQ’s sole discretion, Applicant’s Business and its Principal’s personal credit history and trade, bank and personal references (whether or not it is listed in this Application) for customary credit information. A copy (Xerox. carbon photograph, act,) of this authorization and signature(s) of the undersigned, shall be deemed to be the equivalent of the authorization which can be used as such to confirm the Information contained on this Application, including, but not limited to, sending a copy hereof to the trade, bank and personal references, and Mailers HQ may release any information obtained to other creditors regarding Applicants credit experience with Mailers HQ, without any liability of any kind whatsoever.
THE UNDERSIGNED IS EXECUTING THIS APPLICATION IN HIS/HER CAPACITY AS AN OFFICER/OWNER OF THE COMPANY.
SEVERABILITY. In the event that any paragraph of this Agreement is declared by a court of competent jurisdiction to be void, such paragraph shall be deemed severed from the remainder of this agreement and the balance of this Agreement shall remain in full force and effect.
ATTORNEYS FEES. The prevailing party shall be entitled to attorney’s fees in any action or proceeding of any kind whatsoever, arising out of this agreement and/or in any action or proceeding to enforce a judgment based on a cause of action arising out of this agreement. Further, if any litigation is threatened and/or commenced between the parties or their personal representatives arising out of and/or concerning and/or related to any provision of this Agreement, or the assertion and/or protection of any issue, interest, rights and duties of any person in relation thereto, whether or not litigation is actually initiated, the prevailing party or parties shall be entitled, in addition to other relief as may be granted, to the actual sum expended by said party for their attorney’s fees in either prosecuting and/or defending such threat and/or actual litigation and/or mediation and/or settlement efforts including but not limited to pre-litigation, litigation, trial, post judgment collection, appellate, and Bankruptcy legal fees and costs, involving the litigation of any and all Bankruptcy and/or insolvency proceedings of any kind whatsoever, including but not limited to non-core or core proceedings related to, arising in or arising under, in any manner whatsoever, the Bankruptcy Code.
FURTHER ASSURANCES AND COOPERATION. Whenever reasonably requested by the other party, each party shall execute, acknowledge, and deliver all further conveyances, agreements, confirmations, invoices, sales receipts, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and all further instruments and documents as may be necessary, expedient, or proper to complete any conveyances, transfers, sales, and agreements covered by this Agreement, and to do all other acts and to execute, acknowledge, and deliver all requested documents to carry out the intent and purpose of this Agreement. The parties hereby acknowledge and agree that any failure to provide the reasonably requested documentation and/or cooperation within five days of a written request shall be deemed a material breach of this agreement.
NO INTERPRETATION BASED ON DRAFTING. This Agreement shall not be interpreted or construed against any of the parties because that party or a representative of that party drafted this Agreement or participated in the drafting of this Agreement. The parties agree that this is a jointly drafted agreement.
OPPORTUNITY TO RETAIN OWN COUNSEL. Each of the parties agrees and represents that they have been represented by their own counsel with regard to execution of this Agreement; or that, if acting without counsel, they have had adequate opportunity and have been encouraged to take advice of their own independent counsel prior to execution of this Agreement.
FAXED OR EMAILED SIGNATURE CONSTITUTES AN ORIGINAL. All parties agree that a signed faxed or emailed version of this Agreement shall be deemed to be an original, and shall have the same force and effect as an original of a manually signed Agreement.
ACCEPTANCE AND APPROVAL. Signing this agreement indicates the Applicant’s/undersigned’s acceptance of the terms and conditions set forth herein.