1. This application is submitted by the undersigned (“Applicant”) for the purpose of obtaining a credit account with Hutchens Rentz - Eden (“Hutchens”). Hutchens shall have the right at any time to assign this instrument to one of its subsidiaries or affiliates, in which event the name “Hutchens” as used in these Terms and Conditions and the Guaranty below shall be deemed to apply to such subsidiary or affiliate.
2. All representations and information provided by Applicant are accurate, complete and truthful.
3. The Applicant hereby authorizes any individual, firm, or corporation given as a credit reference to disclose to Hutchens, orally or in writing, any information which is pertinent to this application.
4. If the Applicant is a corporation, the undersigned represents and warrants that he is duly and property authorized to make application on behalf of said corporation and to obligate same for any credit extended as a result of this application, and further that the corporation will continue to be bound and obligated for any credit advanced until notice to the contrary is given in writing to Hutchens.
5. Credit extended by Hutchens to Applicant shall be due in full 30 days subsequent to the invoice date of each purchase unless otherwise stated on invoice or agreed in writing by the parties. A finance charge of 1.5% per month will be assessed on the balance subject to finance charges as determined on the last business day of the monthly billing cycle.
6. If this Agreement or the Account is referred for collection or Hutchens is forced to take other collection action, the Applicant agrees to pay collection charges, including all court costs, expenses and reasonable attorney’s fees, in addition to other sums owed.
7. Applicant further agrees that these Terms and Conditions shall inure to the benefit of Hutchens and its subsidiaries, affiliates, successors and assigns and shall bind the heirs, executors, personal representatives, administrators, assignees, purchasers and other successors of the Applicant. If any provision or part of these Terms and Conditions is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such provision. In consideration of Hutchens’ extension of credit, the Applicant hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this Agreement. The Applicant further consents to exclusive jurisdiction and venue for any such action in the State courts in Patrick County, Virginia.