The above information is for the purpose of obtaining credit and is warranted to be true. I/We hereby authorize the creditor to whom this application is made, to investigate the references listed and to contact the Credit Bureau and any other sources pertaining to my/our credit and financial responsibility.
i/We, the undersigned, state that in making this request for credit, that I/We will assume all obligations for prompt payment. I/We understand that all indebtedness is due and payable on the 10th of the month following delivery and is considered past due by the 25th. All past due invoices are subject to finance charge (equal to the maximum allowable by state law) on outstanding past due balances as of the 30th of each month. I/We hereby authorize such a charge and agree to pay all finance charges the same as any other indebtedness.
I/we hereby undersatnd and agree that should it become necassary to place this account in collection, I/We shall personally obligate myself/ourselves to pay all costs of collection, including collection agency fees, reasonable attorney's fees and cost/expenses of any legal proceedings.
The parties stipulate that this application and the agreement evidence thereby constitute a transaction involving interstate commerce. Except as otherwise provided in this provision, all claims, disputes or controversies of every kind and nature (weather biased in contract, tort, or statute) arising out of or related to this agreement or any other agreements, documants, instruments, or resides. The Arbitrator's shall be bound by Federal Rules of Evidence. All parties to the arbitration costs and expenses. The Arbitrator's findings, decision, and award shall be written, and shall be based on the law of the jurisdiction in which this agreement was excecuted. The decision of the arbitratot shall be final, binding, and enforceable in any court as though it were a decision on the merits after a trial on the merits: provided, however, the Arbitrator'sfindings, decision, and award shall be subject to judicial review as provided in 9 U.S.C. Section 10. The Arbitrator shall not consider the arbitration of class-wide and the parties hereby waive whatever right or position to have arbitration on a class-wide basis. the parties further stipulate that this arbitration clause shall be binding upan all individuals and entities who have interest, wewhether direct ot indirect, in agreement, its subject matter, and/or the relationship created herein.
The parties agree that the Arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. However, in no event shall an award of damages exceed the lessor of (5) times the economic loss suffered by the party or $10000.00
I do hereby personally gaurentee the company' indebtedness to creditor, however arising, and including without limitation all indebtedness arising out of the sale of automotive parts and/or the furnishings of services by creditor.
I understand that this is a continuing gauranty covering all current and future advances of credit to the corporation, LLC, partnership or proprietorship, and that it is a gauranty of payment and not collection. I waive notice of this gauaranty and not colection. I waive notice of this gauranty by creditor and all extensions of credit to the corporation, LLC, partnership, or proprietorship. I further waive presentment and demand for payment of the debt, protest and notice of dishonor or default to any party with respect to the debt or any security therefore, and demand for payment.
The undersigned makes this application and gauranty in his/her individual capacity and not as an officer or agent of corporation, LLC or partnership.