Commercial Credit Application (Page 2 of 2) in pdf

late charge shall not be construed as a waiver unless specifically agreed to in writing.

All prices are subject to change without prior notice. Parks reserves the right to discontinue shipments in the event information is obtained

by Parks which, in its sole discretion, Parks deems to warrant termination of credit; to withdraw or amend any part or all on any quotation prior to

acceptance; and to correct clerical errors of any type in this or subsequent agreements, invoices, or statements. The amount of credit Parks extends is

subject to change or limitation without notice, before or after delivery of an order. Payment in advance may be required as a condition precedent to

delivery.

In addition to other remedies available at law or in equity, I/we agree that Parks may declare this account in default and demand immediate

payment of all sums due on the account if any charge hereunder is not paid in full within 30 days.

Any dispute arising under this Agreement shall be governed by the laws of the State of North Carolina. I/we agree(s) as evidenced by our

signature(s) below that commencement of any action shall be brought in the county and/or venue of Parks’s choosing unless otherwise required by

law.

Upon acceptance by Parks, this application constitutes a sales and purchase agreement. The terms and conditions of this agreement shall

apply to and govern all purchases of goods by the Applicant regardless of any terms of any preceding or subsequent purchase order(s) of the Buyer

and regardless of any oral promises of any employee of Parks. In the event of any conflict between the provisions of this agreement and the terms of

any other agreement, sales order, purchase order, oral statement or otherwise, the terms and conditions of this agreement shall control.

This agreement may be terminated by the customer upon written notice delivered via certified mail, return receipt requested to Parks and

upon payment in full of all outstanding balances due and owing on the account. Parks may terminate credit as set out herein or by written notice to

the customer.

The applicant agrees to notify Parks in writing via certified mail, return receipt requested, within seven (7) days upon the change of any

information given to Parks in this Application and failure to do so shall constitute an event of default.

Goods sold by Parks and conforming to the sale may not be returned without prior written approval of Parks. If approved, goods returned

are subject to freight and handling charges and a reasonable restocking fee. In no event can special order materials be returned unless authorized by

the manufacturer. Credit on special orders is limited to the credit allowed by Parks’s supplier.

I/we warrant(s) that the information contained in this credit application is true to the best of his/her/our knowledge. The applicant hereby

represents that none of the credit extended by Parks is being used in connection with the purchase of goods for personal, family or household

purposes but is an extension of credit for business or commercial purposes. The applicant agrees that a copy of the signed original of this Agreement

transmitted by electronic means to Parks shall be binding and have the same force and effect as the signed original. I/we agree(s) to be bound by this

agreement for any orders of goods transmitted by electronic means to Parks.

10.

The undersigned hereby agree that I/we have read and fully understand the terms and conditions of this Agreement.

The undersigned authorize(s) and instructs Parks to obtain a consumer credit report for the purpose of evaluation the creditworthiness of

_______________, in connection with this Application.

Principal(s) Print and Sign Below:

Name:

Signature:

(Seal) Title:_______________

Name:

Signature:

(Seal) Title:_______________

Name:

Signature:

(Seal) Title:_______________

Name:

Signature:

(Seal) Title:_______________

PERSONAL GUARANTY

To induce Parks to extend credit and in consideration thereof, each of the undersigned (“Guarantor”) personally, unconditionally,

and irrevocably guarantees to Parks the payment of all the applicant’s present and future obligations to Parks, each Guarantor hereby waives any

right to notice of the obligations incurred by Applicant, and waives any right to require Parks to pursue the Applicant or any collateral. I/we waive

notice of acceptance, presentment, demand, protest, and dishonor. No extension of time or other indulgence granted by Parks will release or affect

my/our obligations hereunder. I/we personally, unconditionally, and irrevocably agree to pay on demand all sums due, or that become due, including

reasonable attorney’s fees, interest, costs, or expenses which may be incurred by Parks by reason of default. Credit terms are Net 15

; past due

thereafter. This guarantee may only be revoked by written notice to Parks served via certified or registered mail, and any such revocation shall

become effective 15-days after receipt of said written revocation. Any revocation does not revoke the obligation of the guarantor(s) to provide for

prompt payment for indebtedness incurred prior to the effective date of the revocation, including the principal amount, interest at the contract rate of

1½% per month (18% A.P.R.), costs, and such reasonable attorneys fees, as shall be incurred pursuant to this guarantee and under any contract

evidencing the indebtedness guaranteed herein. This is a maximum A.P.R. of eighteen percent (18%). In conformity with N.C. Gen. Stat. § 24-5, the

aforementioned rate also applies after judgment. The applicant agrees to notify Parks in writing via certified mail, return receipt requested, within

seven days upon the change of any information given to Parks in this guaranty. This guaranty is a joint and several obligation on the part of the

undersigned and shall bind their respective heirs, administrators, personal representatives, successors and assigns. Parks may release or settle with

any one or more of the guarantors at any time without affecting the continuing liability of the remaining guarantors.

The undersigned authorize(s) and instructs Parks to obtain a consumer credit report for the purpose of evaluation the creditworthiness of

, in connection with this Application.

Name:_______________________________(Seal)

Name: ___________________________________ (Seal)

Name: ______________________________ (Seal)

Name: ___________________________________ (Seal)

Commercial Credit Application Page 2

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