1. The Customer agrees to pay for all goods and services ordered or procured from Nolo on the terms set forth in this Customer Account Application. Payment is due within 10 days of the invoice date. Late payments will be subject to a FINANCE CHARGE of 1.5% per month or 18% per annum on past-due balances. In the event of default, the Customer agrees to pay all expenses of collection, including reasonable attorneys’ fees.
2. All payments must be made via ACH. The Customer agrees to provide and maintain accurate ACH banking information to facilitate timely payments. Failure to comply may result in suspension of services or account termination. If payments are late, Nolo reserves the right, at its sole discretion, to discontinue shipping any additional products until the account is current.
3. All goods are provided subject to availability and are sold as-is. Nolo disclaims all express or implied warranties, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, except as explicitly agreed in writing.
4. Claims for defective or non-conforming goods must be made within 7 days of delivery. The Customer’s sole and exclusive remedy is limited to replacement of defective goods or refund of the purchase price.
5. The Customer consents to Nolo obtaining and using information from trade, bank, or financial references concerning their creditworthiness for evaluating this application.
6. The Customer acknowledges that electronic signatures and transactions are valid and enforceable.
7. This agreement shall be governed by the laws of the State of Florida. The parties agree to resolve disputes exclusively in courts located in Miami-Dade County, Florida, and waive any objections to such venue.
8. Credit Limits: Nolo reserves the right to establish and modify credit limits for the Customer based on payment history and creditworthiness. Failure to adhere to these limits may result in suspension of services.
9. Branding and Marketing Use: The Customer agrees to comply with Nolo’s guidelines for branding and marketing materials if Nolo’s name, logo, or products are used in promotional activities. Any misuse may result in termination of the agreement.
10. Force Majeure: Nolo shall not be liable for delays or failure in performance due to events beyond its reasonable control, including natural disasters, acts of government, labor disputes, or interruptions in supply chains.
11. Termination Clause: Either party may terminate this agreement with 30 days written notice. Upon termination, all outstanding payments must be settled immediately. Nolo may terminate the agreement immediately if the Customer fails to comply with the payment terms or other critical provisions.
12. Arbitration Clause: Any disputes arising under this agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Miami-Dade County, Florida, and the decision of the arbitrator shall be final and binding on both parties.
13. Personal Guarantee: To induce Nolo to extend credit, the undersigned (each a "Guarantor") hereby personally and unconditionally guarantees payment and performance of all obligations of the Customer to Nolo. Guarantors waive notice of default and agree to remain liable without requiring Nolo to first proceed against the Customer. This guarantee shall remain in effect until all obligations are satisfied and the guarantee is released in writing by Nolo.