For the purpose of processing this application the undersigned (the"Customer") hereby authorizes Floor Decor Limited Partnership and its affiliated companies ("Floor Decor") to investigate the Customer's credit experience with suppliers, banks and other institutions with which the applicant has conducted business. For the purposes of any applicable statute pertaining to the privacy of information this clause shall constitute full and sufficient consent for the collection, use and disclosure of information, as required for a credit investigation. Upon approval of this application by the Credit Manager for Floor Decor, credit privileges will be extended to the Customer subject to the following terms and conditions, which the Customer hereby agrees that:
- PRICING
All price lists, terms, and conditions are subject to change without notice. All prices exclude taxes.
- BACK ORDERS
Prices on the undelivered portion of any order are subject to change unless there is a written agreement to the contrary. Each installment delivered shall constitute a separate sale and shall be priced accordingly.
- ORDER ACCEPTANCE
All orders are subject to acceptance by our general office, and each order is further subject to our credit approval at the time of shipment.
- COMMITMENTS
We shall not be liable for any loss or damage arising from delay in fulfilling, or failure to fulfill, any accepted orders in accordance with its terms, where such delay or failure is caused by any requirement of a governmental agency or authority; shortage of raw material or finished merchandise, delays of carriers, embargoes, fire, strikes, riots, wars, Acts of God, or other causes beyond the control of Floor Decor.
- RETURNED GOODS
Return of merchandise will...
- CLAIMS
Claims for shortage or rejection for defects must be made in writing within ten (10) days after the date of shipment. Merchandise shall be returned only upon Floor Decor's written authorization. We accept no responsibility for merchandise returned without our authorization. We shall not issue credit on any materials which have been altered or defected in any way or upon which additional operations have been performed. Floor Decor's liability in respect to goods furnished hereunder shall be limited to the purchase price of the goods in respect to which damages are claimed. If the Customer does not issue a written dispute within the said 10 days, notwithstanding that the dispute is not resolved, the Customer shall pay to Floor Decor all amounts due and owing, without any set-off, pending resolution of the dispute. The payment by the Customer shall not affect the Customer's dispute.
- SAMPLES
Samples are not returnable for credit after 5 days from receipt of the same.
- FREIGHT
Merchandise shipped via public carrier are F.O.B. (Free on Board) our warehouse, unless otherwise indicated in the price quotation. Merchandise shipped via our carrier are F.O.B. Destination and handling charges, when applicable, will be charged on the invoice.
- CASH DISCOUNT
Cash discount is deductible from the total invoice excluding taxes and freight.
- TERMS
Unless otherwise expressly agreed to in writing, terms of payment shall be in accordance with the terms on the face of the invoice.
- CREDIT APPROVAL
Floor Decor reserves the right, among other remedies, either to terminate or to suspend further deliveries in the event the buyer fails to make payment when it becomes due. Should the purchaser's financial responsibilities become unsatisfactory to Floor Decor, cash payments and/or security may be required by Floor Decor for future deliveries.
- INTEREST CHARGE
Interest charges will be charged on all amounts outstanding over 30 days at the rate of 2% per month (24% per annum), and in the event of a change in the rate of interest, the purchaser will be charged the prevailing rate in effect at the time of purchase. The Customer agrees that interest on this account shall run, in accordance with the terms of the agreement, both before and after judgment.
- CUSTOMER CREDIT AND COLLECTION COSTS
Floor Decor shall determine in its sole discretion the amount and whether to grant credit to the Customer. Floor Decor has no obligation to grant such credit, and any granting of credit is without commitment to provide future credit. The Customer shall be responsible for all credit it receives from Floor Decor, whether or not such credit exceeds authorized credit limits.
- COLLECTION COSTS
The Customer agrees to be responsible for all solicitor and client costs and all other expenses incurred by Floor Decor in connection with the collection of the account.
- LIEN AND TRUST LEGISLATION
The Customer hereby acknowledges that Floor Decor intends to rely upon all construction lien and trust legislation, including trust provisions which give rise to director and officer liabilities for the supply of pre-cut or tagged purchase orders for flooring materials.
- OUTSTANDING PAYMENTS
So long as payment for the supply of Floor Decor's materials remains outstanding, the Customer hereby irrevocably assigns all of its rights and interests pursuant to any and all builder's lien or trust legislation to Floor Decor for the purpose of seeking recovery of payment of the materials from such person to whom the Customer supplied.
- SUSPENSION OF CREDIT PRIVILEGES
Credit privileges may be suspended should the Customer's account become overdue without prior notice to the Customer.
- BINDING AGREEMENT
The Customer agrees that this agreement shall bind all respective heirs, executors, administrators, successors, or assigns.
- JOINT LIABILITY
The Customer or Customers hereby agree that where there is more than one party to this agreement, they shall be jointly and severally liable in the event of default hereunder.
- OWNERSHIP CHANGES
The Owner is obliged to notify Floor Decor in writing of any changes in ownership.
- TERMS MODIFICATION
Floor Decor reserves the right to change any of the terms of this agreement on notice.
- CONTINUING GUARANTEE
“The undersigned, being either a stockholder, director, and/or officer of the aforesaid company, hereby either individually or jointly and severally, guarantee the payment of all and any future obligations of the said company, which may be owing Floor Decor, including reasonable attorney fees, lawful interest, and other expenses incurred by Floor Decor in collecting any indebtedness of the applicant company. This is a continuing guarantee and may be revoked solely by written notice sent by certified mail to Floor Decor. Should a lawsuit be necessary to enforce this guarantee, venue is waived, and suit may be brought anywhere within Canada at the sole discretion of Floor Decor. A photocopy or facsimile of this Application and Agreement shall be as valid as an original thereof.”
