America's Energy, Inc. (“AEI”) and: {legalName} (the "Customer"), enter into this "Agreement" on: {dateOf}. Customer agrees to pay AEI the full invoice price according to the invoice terms of all products and deliveries purchased from AEI by Customer and Customer's employees and agents for or on behalf of Customer.
Customer agrees to pay all charges within 7 days of the due date of the invoice(s) delivered to Customer by AEI. If payment is not paid by Customer within 7 days of invoice due date, Customer agrees to pay AEI a service charge of 2% per month on the unpaid balance. The 2% service charge is not interest on a loan or a finance charge, but a service charge for Customer's failure to timely pay for goods and services received from AEI. All payments made by Customer will be applied first to AEI's fees and costs incurred to collect, if any, then to the accrued service charges on Customer's account, if any, and then to the outstanding principal balance of Customer's account.
AEI may cease extension of credit to Customer at any time for any reason solely and without notice to Customer. AEl may, at its sole option, refuse to permit charges to be incurred on Customer's account. Delivery of goods and services to the Customer's facilities, equipment, or trucks may be made without obtaining signatures upon delivery. AEI delivery times are AEI's "best efforts" only, AEI does not guarantee exact delivery times. AEI is not liable or responsible to Customer for any claims or damages whatsoever for failure(s) to deliver at certain times. Customer agrees to completely indemnify AEl for claims made by third parties for any claims for failure(s) to deliver at certain times. The Customer agrees to pay AEI's attorney's fees and costs incurred in collecting unpaid and past due amounts owed to AEI, even if AEI's attorney fees and costs significantly exceed the unpaid and past due amounts owed to AEI.
Customer warrants that the information provided is accurate and AEI may rely on information provided by Customer in granting credit. By signing this Agreement, Customer authorizes AEI to obtain consumer credit reports and investigate Customer's creditworthiness. This Agreement is agreed to and entered into in Maricopa County, Arizona and is governed exclusively by the laws of the State of Arizona. The courts located in Maricopa County Arizona exercise exclusive jurisdiction over and are the exclusive venue for any disputes arising out of this Agreement. This Agreement is the entire agreement between Customer and AEI. The Customer's Electronic Funds Transfer Authorization and Agreement is part of this Agreement and is incorporated herein by this reference. This Agreement may only be amended, changed, or modified by a written agreement signed by Customer and AEI. This Agreement may be executed by electronic means and in counterparts, all of which are deemed to be originals.