1. PRIVACY NOTICE. You consent to Intrepid Wholesale, LLC, its subsidiaries, affiliates or agents collecting, using and disclosing information which relates specifically to you and allows you to be identified for the following purposes (the "Purposes") for as long as required to fulfill the Purposes: (a) to determine your financial situation and assess this Application; (b) to provide or determine your eligibility for any services you request; (c) to verify your identity and solvency and to obtain your credit history from credit agencies, information agents and other financial institutions and to report to them on your credit history with Intrepid Wholesale, LLC; (d) to service, and collect amounts owing on, your Account; (e) to use your Business Identification Number for tax reporting and as an aid to identify you with credit agencies or other financial institutions for credit history purposes; (f) to verify the status of any Purchased Account; (g) to meet legal, regulatory, audit, processing and security requirements, as permitted or required by law; and (h) any use or disclosure required by law or for which Intrepid Wholesale, LLC is permitted to use. You agree that successors and assignees of Intrepid Wholesale, LLC’s business or assets may collect, use and disclose your Information for the purposes described in this Application and may be required by applicable laws to retain your information for a certain period of time. The consents contained herein shall be effective from the date of this Application and shall continue so long as any Applicant continues to have a relationship with Intrepid Wholesale, LLC. As such, your Information may be transferred by Intrepid Wholesale, LLC or its affiliates or subsidiaries to agents and service providers and your Information may be processed by those affiliates or subsidiaries accordingly, subject to the legal requirements applicable in such jurisdictions. Intrepid Wholesale, LLC’s ability to offer credit and perform its obligations in respect of the Account will depend on the ability of Intrepid Wholesale, LLC’s affiliates and service providers to perform the services in respect of the Account which will in turn, be subject to the laws of the jurisdictions where those affiliates or service providers are located.
2. PRODUCTS LIABILITY GUARANTY. The Buyer has the right to inspect the goods before accepting them. Intrepid Wholesale, LLC is not the manufacturer of any goods sold hereunder. Intrepid Wholesale, LLC warrants to the Buyer that it has good title to goods sold by it; that such goods will conform to the description contained or referenced on the face of its invoice; that it has not damaged or materially changed the condition of such goods while in its possession, custody or control; that it has not adulterated, misbranded, or made goods sold by it unsafe within the meaning of the Federal Food Drug and Cosmetic Act, as amended from time to time; and that, to its knowledge, as of the date of the shipment, goods sold by Intrepid Wholesale, LLC are not prohibited by such Act from being introduced into interstate commerce, provided, however, that Intrepid Wholesale, LLC shall not have any liability for misbranding in case of labels designed by or furnished by the Buyer. Intrepid Wholesale, LLC hereby assigns and transfers to its Buyer any express or implied warranties made by the manufacturer of such goods to Intrepid Wholesale, LLC. Except as stated herein, Intrepid Wholesale, LLC makes no warranty of fitness for a particular purpose, merchantability or any other type of warranty, express or implied. Intrepid Wholesale, LLC’s liability to Buyer, regardless of whether such liability arises under common law negligence, strict liability, statutory law or contractual obligation, shall extend only to bodily injury or property damage primarily caused by acts or omissions of Intrepid Wholesale, LLC or its agents or its employees, or principally caused by its breach of this or other written contract. Intrepid Wholesale, LLC shall not be liable for any consequential damages under any circumstances whatsoever, whether based on lost good will, lost profits, work stoppage, impairment of other goods, or otherwise, and whether arising out of breach of any express or implied warranty, breach of contract, negligence, strict liability, statutory provision, or otherwise, except only to the extent applicable law renders this exclusion of consequential damages unenforceable in personal injury cases.
3. MERGER. Intrepid Wholesale, LLC salesmen are not authorized to make verbal warranties or promises about the quality or condition of the goods sold hereunder. Any such statements are mere puffery and are superseded and merged into the foregoing paragraph 1.
4. PAYMENT TERMS. The specific payment terms are stated on the invoice face. Service charges will begin accruing 30 days after date on the amount due at the highest permissible contract rate allowed by governing law, not to exceed 1 ½% per month. In addition, the Buyer will be obligated to pay all reasonable attorney fees and expenses incurred by Intrepid Wholesale, LLC in connection with the collection of the invoice amount and service charges.
5. DEEMED AGREEMENT. Unless the Buyer gives Intrepid Wholesale, LLC written or electronic notice of objections to any of the terms or conditions contained in this document within 5 days after delivery of the goods sold or carried hereunder, Buyer will be deemed to have agreed to all of the provisions contained herein.
6. GOVERNING LAW. This transaction shall be governed by the case and statutory laws of the State of New Mexico, where Intrepid Wholesale, LLC’s principal place of business is located.
7. JURISDICTION AND VENUE. Any disputes arising out of the subject sale must be filed in the Circuit Court of Sandoval County New Mexico, and Buyer consents to exclusive jurisdiction and venue of such court over such lawsuit.
8. EXPIRATION OF CREDITS. Any credits issued to customer’s account expire 1 year from the date credit is issued.
9. SECURITY INTEREST. Applicant hereby grants to Intrepid Wholesale, LLC a purchase money security interest in all goods sold by Intrepid Wholesale, LLC to Applicant to secure all obligations of Applicant to Intrepid Wholesale, LLC. Applicant authorizes Intrepid Wholesale, LLC, on behalf of Applicant, to sign and file all financing statements and other documents necessary to evidence and perfect the security interest granted to Intrepid Wholesale, LLC in this Application. Upon request by Intrepid Wholesale, LLC, Applicant agrees to sign and deliver to Intrepid Wholesale, LLC all documents necessary to evidence and perfect Intrepid Wholesale, LLC’s security interest including all inventory, all expenses incurred by the secured party Intrepid Wholesale, LLC remedying defaults, attorney's fees and costs, and storage and care of collateral.
10. UNCONDITIONAL GUARANTY BY JOINT & SEVERAL GUARANTORS
For value received, the undersigned herein called Guarantor, jointly and severally, unconditionally, guarantee and promise to pay Intrepid Wholesale, LLC., Corrales, Bernalillo County, New Mexico, herein called Seller, any and all indebtedness incurred on or after the date of the Application as shown on Page 1 by customer, as herein noted, by reason of the purchase from Seller of groceries and other goods, material and services, well known to the parties hereto under the terms and conditions including payment of, and rate of interest, all as provided in this entire Customer Application.
II
Guarantors understand and hereby agree that this is a continuing guaranty and until revoked as hereinafter provided, shall cover all future indebtedness as contemplated hereunder, including indebtedness arising under successive transactions that shall either continue the liability of customer or from time to time renew it after it has been satisfied.
III
The guaranty shall terminate on delivery to seller, at Corrales, Sandoval County, New Mexico, a written notice of termination effective as to any and all indebtedness incurred or created by customer from and after such delivery of notice of termination.