In exchange for the extension of credit by York to Applicant, Applicant expressly agrees that all transactions between York and Applicant shall be governed exclusively by the following terms of credit. These terms may not be altered by the inclusion of contradictory language on applicant’s purchase order.
1. Payment is required 30 days from the date of invoice. a monthly service charge of 1.5% will be added to all amounts not paid within 30 days of the date of invoice.
2. If an attorney is used to collect any amount due, either with or without suit, or if legal proceedings are taken for the collection of any amount due, applicant shall pay, in addition to the principal and interest owing, the costs of suit, and attorney fees in the amount of 20% of the amount due including interest.
3. Applicant agrees that any dispute, controversy, or claim arising in connection with the requested credit or in connection with any goods purchased by applicant from York shall be decided exclusively by and in the state or federal courts sitting in dauphin or York counties in the Common wealth of Pennsylvania. for such purpose, applicant hereby submits to the personal jurisdiction of said courts, and waives any right to assert or move for transfer of venue to any court other than said Courts. All disputes shall be governed by and pursuant to Pennsylvania law. Applicant further agrees that any and all purchase orders submitted to York by Applicant shall be governed by this provision, regardless of the inclusion of any language to the contrary in such a purchase order, including but not limited to provisions concerning alternate venues or submission of disputes to alternative dispute resolution.
4. The applicant and the undersigned, whether or not signing in a representative capacity, warrant that the information contained in this application is true, complete and correct, and the undersigned have been duly authorized to execute this application.
5. It is further acknowledged and understood that the applicant has read and understands this application. it is also understood that no credit will be extended to applicant until this agreement is APPROVED BY the credit manager of York Building Products.
6. By my/our signature below, I/we authorize York to contact above credit references and /or obtain a credit report on me/us.
7. This application will not be approved without the signatures of all partners if applicant is a partnership, both husband and wife in the case of a sole proprietorship, and the president or vice president in the case of a corporation and the individuals executing this application warrant and represent that all required signatures have executed this application.
8. For the purpose of inducing York to extend credit to the applicant, the undersigned, whether or not signing in a representative capacity, hereby guarantees payment of all amounts due and owing by applicant to York, including costs and attorney fees described above.effect until written notice is received by certified mail that the undersigned revokes this guaranty.
9. The applicant hereby agrees and acknowledges that York may at any time, in York’s sole discretion, file a ucc-1 financing statement against any of applicant’s personal property, including but not limited to all accounts (including but not limited to accounts receivable),equipment, accessions, fixtures, inventory, chattel paper, instruments, investment property, documents, letter of credit rights, deposit accounts and general intangibles. Further, applicant agrees that this credit application constitutes a“security agreement” within the meaning of the uniform commercial code in effect in the commonwealth of Pennsylvania as the same may be amended) and that by executing and delivering this credit application, applicant has granted to York, as security for the credit extended by York, a security interest in applicant’s personal property.
