Credit Application And Agreement Confidential Page 2
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3Terms & Conditions
Credit Agreement
The undersigned is an authorized representative of the Applicant and, individually and on behalf of the Applicant, (i) by signing below makes the
following representations, on which Coca-Cola Refreshments USA, Inc. and subsidiaries, trading as Coca-Cola Refreshments (collectively, CCR),
may rely, and (ii) agrees to the terms below:
1.
Representations:
a) The individual signing below has the authority to bind Applicant to the terms of this Agreement.
b) The information contained in the Applicant's Credit Application submitted to CCR (that information regardless of the form used is referred
to as the "Credit Application") is complete and accurate.
c) The credit applied for is for a business or commercial purpose, and not primarily for personal, family or household purposes.
d) Applicant has the financial ability and willingness to pay all invoices from CCR for goods or services provided to Applicant.
2.
Credit Investigation: Applicant authorizes CCR to investigate Applicant’s financial condition and credit history for the purpose of determining
whether to extend Applicant credit. CCR, in its sole discretion, may choose to extend credit to Applicant, and to what extent to do so.
3.
Credit Terms: Terms of credit are determined by CCR from time to time and are stated on your invoice ("Credit Terms"). CCR reserves the
right to alter or terminate the Credit Terms in its sole discretion at any time. Payments shall be sent directly to CCR as indicated on the
invoice. The invoices provided at the time of delivery represent the billing document, and Applicant will require no further billing unless CCR
has agreed in writing to provide additional documentation. In the event that CCR agrees to provide Applicant with credit, Applicant agrees to
pay all invoices pursuant to the Credit Terms.
4.
Sales Territories. Applicant agrees that all beverage products purchased from CCR will be sold by Applicant from its outlets within CCR’s
licensed territories and not to any person who purchases the beverage products for resale or consumption outside of CCR’s licensed
territory.
5.
Default and Remedies. The failure to pay an invoice in accordance with the Credit Terms is a default. In the event of a default and without
further notice, CCR may: (a) offset any monies owed to CCR with credit balances on Applicant’s account, marketing funds, or any other
amounts due to Applicant, (b) terminate any further extensions of credit, delivery of goods or use of loaned equipment or fixtures, (c) institute
legal action to recover balances due under any outstanding invoices and for the return of any equipment or fixtures, and (d) demand adequate
assurance for future performance. In addition, CCR shall have all the remedies of a seller under the Uniform Commercial Code and any other
applicable law. In the event Applicant’s account is referred to any agent or attorney for collection, Applicant agrees to pay a reasonable
collection and/or attorney’s fee and the costs incurred by CCR in pursuing the collection, irrespective of whether a lawsuit is actually filed. In
the event CCR demands adequate assurance of performance, Applicant agrees that ten days is a reasonable period in which to provide
financial information to CCR.
6.
Effect of Termination. Whether as a result of a decision by CCR in its sole discretion or as a result of a default, Applicant agrees that the
termination of the Agreement shall in no way affect Applicant’s obligation to pay for goods delivered or services rendered prior to the
termination in accordance with the Credit Terms in effect at the time of termination.
7.
Prior Agreements Superceded. This Credit Agreement supercedes any prior or contemporaneous oral representations or agreements and
any prior written representations or agreements between CCR and the Applicant concerning the subject of this Credit Agreement.
8.
Modifications. No waiver, modification or amendment of any provision of this Agreement may be enforced against CCR unless it is in writing
and signed by CCR.
9.
Choice of Law/Venue. Applicant agrees that the law of the state of Georgia shall govern the terms and enforcement of this Credit Agreement.
In the event that it is necessary to enforce the terms of this Agreement through a court proceeding, Applicant waives an objections and
agrees that venue shall be proper in the state or federal courts in the State of Georgia.
10. Financial Statements. Applicant agrees to provide financial statements and supporting information to CCR upon requests. CCR agrees to
keep this information confidential and only use for credit evaluation purposes.
11. Effectiveness. This Credit Agreement is effective upon CCR's approval of the Applicant’s request for credit.
Company Name: ______________________________________________
Name of Authorized Signor: __________________________________________
Authorized Signature: ____________________________________
Title: ____________________________
Date: ____________________
For businesses established 2 years or less, please complete the following section:
INDIVIDUAL PERSONAL GUARANTY: For and in consideration of CCR extending credit to the business listed in this application ("Applicant"), I
hereby personally absolutely and unconditionally guarantee to CCR payment in full of any obligation of the Applicant, and I hereby bind myself to
pay CCR on demand any sum which becomes due to CCR by the Applicant whenever the Applicant shall fail to pay the same. It is understood that
this guarantee shall be a continuing guaranty and indemnity for such indebtedness of the Applicant unless CCR receives a certified notification of
termination within a minimum of seven (7) days. Such termination shall not affect the guaranty for balances owed prior to the termination date.
The undersigned consents to CCR obtaining a consumer credit report on the Personal Guarantor referenced below for the purpose of evaluating
the credit worthiness of said Guarantor in connection with this Guaranty.
Guarantor Signature: __________________________________________
Guarantor Name: _____________________________________________________
Home Address: ________________________________________________
City: __________________________
State: ______
Zip: ______________
Social Security No.: ____________________________________________
Date: _________________________
Page 2
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