HOUSE ACCOUNT AGREEMENT
In consideration of the extension of credit by RCOZ TAMPA LLC (Dba: Tampa's Best Wash), or its assigns or successors, the undersigned Customer hereby agrees as follows:
1. To pay all Tampa's Best Wash statements, invoices, notes and other obligations, within the time set forth thereon but in no event greater than 40 days from the date of invoice, or otherwise as agreed in writing and signed by the parties.
2. Upon default of the account of the Customer, should the account be turned over to an attorney for collection, the undersigned agrees to pay all reasonable attorney’s fee in addition to the principal indebtedness, late charges, costs and pre- and post-judgment interest thereon at eighteen (18%) or the maximum rate allowed by law.
3. SHOULD CUSTOMER BE A CORPORATION OR A PARTNERSHIP, LIMITED LIABILITY COMPANY, OR SOME OTHER LEGAL ENTITY, FOR GOOD AND VALUABLE CONSIDERATION, INCLUDING EXTENSION OF CREDIT TO THE CUSTOMER, THE UNDERSIGNED, WHETHER OFFICER, PARTNER, MANAGER, AGENT, EMPLOYEE OR OTHERWISE, AGREES THAT BY THE EXECUTION HEREOF ON BEHALF OF THE CUSTOMER, HE/IT/THEY ARE PERSONALLY LIABLE JOINTLY AND SEVERALLY WITH THE CUSTOMER, AS AN UNCONDITIONAL GUARANTOR FOR THE PAYMENT OF ALL INDEBTEDNESS OR LIABILITIES INCURRED PURSUANT TO THIS AGREEMENT AS WELL AS ANY OTHER AGREEMENT WHETHER WRITTEN OR ORAL BETWEEN THE CUSTOMER AND TRUCK WASH. DEMAND FOR PAYMENT AND NOTICE OF INDEBTEDNESS AND DEFAULT ARE EXPRESSLY WAIVED. THE LIABILITY OF THE UNDERSIGNED SHALL NOT BE AFFECTED BY THE DISCHARGE OR RELEASE OF THE INDEBTEDNESS, LIABILITY OR OBLIGATION OF THE CUSTOMER OR ANY OTHER OBLIGOR. TERMS AND CONDITIONS HEREOF, AND THE GUARANTEE HEREIN GIVEN, SHALL CONTINUE IN FULL FORCE AND EFFECT FOR NINETY (90) DAYS AFTER TAMPA'S BEST WASH SHALL RECEIVE FROM THE UNDERSIGNED WRITTEN NOTICE OF REVOCATION, AND SUCH REVOCATION SHALL NOT IN ANY WAY RELIEVE THE UNDERSIGNED FROM INDEBTEDNESS OR LIABILITY INCURRED PRIOR TO THE ACTUAL RECEIPT BY SELLER OF SUCH NOTICE OF EXPIRATION.
4. Customer agrees to execute any other documents as may be required by Tampa's Best Wash as evidence of and security for any credit extended to Customer.
5. Customer shall be responsible for paying all costs related to the preparation and recording of said documents including but not limited to reasonable attorney’s fees, intangible taxes, documentary stamps, and recording fees. Said charges, at the option of Tampa's Best Wash, may be added to the Customer’s open account or to the principal amount of the Note.
6. That the Customers and Guarantors, as additional consideration for the extended hereunder, agree that should Tampa's Best Wash file suit hereunder or on any document executed pursuant to this Agreement, Florida shall have jurisdiction of the subject matter and the parties hereto and that the venue (the place where suit is to be brought) shall be the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, or such other Circuit as Tampa's Best Wash may deem appropriate. In addition to the foregoing, Customers and Guarantors and each of them do hereby expressly waive their rights to a trial by jury.
7. Customers and Guarantors are jointly and severally liable and do hereby expressly waive any rights which they may have in such an action by Tampa's Best Wash arising out of any bankruptcy proceeding filed by the Customer and/or Guarantor.
8. Should Customer be in default hereunder, Tampa's Best Wash shall have a possessory lien on Customer’s property in Tampa's Best Wash possession including but not limited to its any equipment or property of any kind or nature and may retain said property until Tampa's Best Wash is paid in full or dispose of said property after 45 days of not payment to sastisfy Customer's outstanding balance in addition to any then open parking charges for storing said equipment during such period.
9. This Agreement may not be altered, amended, revoked, or otherwise changed except in writing signed by Tampa's Best Wash and Customer.
10. The terms set forth in any statement, invoice, or bills for sale shall be binding on the parties hereto the same as if set forth herein in full and are to be read in conjunction with any other agreement between Tampa's Best Wash and Customer and may not be altered or amended by such other agreements unless specifically set forth therein.
11. Any notice required hereunder shall be mailed via both regular and Certified Mail/Return Receipt Requested to the Customer at the mailing address set forth above and to Tampa's Best Wash at 2980 NE 207th st suite 331 attention Evan Seiden, Aventura Florida 33180. Unless change of address is submitted in writing, notice mailed and/or delivered to the address reflected herein shall be deemed adequate.
12. If Customer is a corporation, limited liability company, partnership or other legal entity, the person signing on behalf of Customer warrants that he/she has full authority to bind the Customer.
13. The parties hereto expressly agree that the Customer’s authorization to secure financial information is incorporated herein by reference and made a part of this Agreement.
NOTICE: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS HEREOF. BY EXECUTION OF THIS AGREEMENT YOU AND EACH OF YOU AGREE TO BE BOUND BY THE TERMS HEREIN CONTAINED.