AUTHORIZATION FOR RELEASE OF CREDIT INFORMATION AND MORBARK, LLC ACCOUNT AGREEMENT
I (We) hereby agree as follows:
Applicant will be billed for each purchase made on the account and agrees to pay the billed amount within thirty (30)days of the invoice. Payments not received within thirty (30) days shall be subject to service charges in the amount of 1 ½% per month (18% annual percentage). Invoices will be presumed correct ten (10) days after their date, absent receipt of written notice of a legitimate dispute. Any invoice or portion of an invoice that remains unpaid after thirty days from its date shall be deemed past due. The Applicant agrees that should it become necessary to turn this account over to the collection department or a collection agency, the Applicant shall be responsible for all collection and/ or legal fees incurred.
Morbark and the Applicant agree that this Agreement shall be construed in accordance with the laws of the State of Michigan. The proper jurisdiction and venue of any action or proceeding arising out of this Agreement shall be in the courts of the State of Michigan, County of Isabella, or, in the United States District Court that encompasses IsabellaCounty, Michigan. Applicant hereby agrees to personal jurisdiction by said courts in Michigan and waives any objection to personal jurisdiction. The Parties agree that the prevailing party in any dispute arising out of this agreement shall be entitled to recover its reasonable attorney’s fees and costs from the other Party.
In the event of an application by more than one person or entity, or in the event of a guarantee by a third party, liability hereunder shall be joint and several, and Morbark shall have the right to proceed immediately against the guarantor without first having to proceed against the applicant.
I (We) warranty that the information provided on this application is, to the best of my (our) knowledge, true, correct, and complete. The additional information provided is also a complete and accurate representation of my purpose for making a credit decision.
Delivery of goods covered by this Agreement shall be F. O. B. Destination. Morbark will assume the risk of loss on goods that prepays freight and then bills freight to the customer when the goods are invoiced. The purchaser will assume the risk of loss on goods that it arranges freight and pays the freight carrier directly. In either situation, the customer is responsible for the freight costs, unless otherwise provided for in the order.
Morbark shall not be liable for any damages resulting from any delay or failure of delivery of goods caused in whole or in part by circumstances beyond Morbark’s control.
If any provision of this Agreement is invalid or unenforceable under any law the provision shall be ineffective to that extent, but the remaining provisions shall be unaffected.