The Applicant hereby applies for a credit account from Northam Distributor Ltd. (the "Supplier") regarding the Supplier's Supply of services and/or materials to the Applicant (the "Credit Account"). If this Application is accepted, the Applicant agrees to be bound by the following terms in relation to the Credit Account:
- The Applicant will make payment to the Supplier for the invoice amount of all materials and services supplied by the Supplier within 30 days following the purchase date, plus interest on all unpaid monthly principal amounts at 24% per annum.
- Payments on the Credit Account shall be applied first against any interest due and second against invoices for materials and/or services.
- The Applicant consents to the Supplier or its agents conducting a business or personal credit investigation at any time in connection with the Credit Account or any renewal or extension thereof, and disclose any creditinformation to any reporting agency, party or company affiliated with the Supplier for the purpose of evaluating the Applicant's credit worthiness.
- The Applicant further agrees that these terms and conditions will apply to any subsequent delivery of material and/or services to the same location regardless of the use of a separate purchase order issued for subsequent material and/or services.
- The Applicant agrees to pay and indemnify the Supplier for all losses, costs, expenses and fees, including legal fees and disbursements on a solicitor and dient basis (together with applicable taxes), incurred by the Supplier in connection with collecting overdue amounts on the Credit Account or seizure and sale of goods, including but not limited to filing Claims of Builder's Liens.
- The Applicant grants to the Supplier a security interest over all goods supplied to the Applicant and over all of the Applicant's present and after-acquired personal property and assets as security for payment of all present and future invoices issued to the Applicant hereunder and performance of all present and future obligations of the Applicant to the Supplier hereunder from time to time. The Applicant waives their rights to receive any financing statement or verification statement relating to any registration of such security interest.
- The Applicant agrees to pay due and punctual payment or performance of all present and future debts, liabilities and obligations of the Customer to the Supplier, including, without limitation, the due payment of all monies owing by the Customer to the Supplier from time to time and acknowledge that this is a continuing guarantee includes personal guarantee.
- Delivery of an executed copy of this Application via facsimile or other means of electronic communication producing or capable of producing a printed copy will be deemed to be execution and delivery of this Application on the date of such communication by the Applicant. The Applicant certifies that all information on this application is correct.
- Northam may charge to the credit card accounts shown above and on file any amount overdue or the amount of any dishonored cheque presented in payment plus service charge.
- This Credit Application will be governed by the laws of British Columbia and Alberta, depending on the location of order delivery.