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TERMS & CONDITIONS
Authorization For Release of Bank Information
To whom it may concern,
My execution of the Credit Agreement below authorizes you to provide Uniforms Corporate Image, LLC (UCI) with information it requests regarding the status of Customer's Account(s).
The undersigned, on behalf of the Customer, agrees to the following credit terms:
1. The information furnished in the credit application is true, complete and accurate. UCI is authorized to obtain a credit report and other credit information on the Customer for the purpose of evaluating the credit worthiness of the Customer in connection with this credit application and agreement. Customer further agrees to provide such additional financial information to UCI as it requests.
2. Customer agrees to pay all sums as they come due pursuant to invoiced payment terms. Customer agrees to pay a monthly late charge on past due balances of 1.5% (annual rate of 18%) or the maximum rate otherwise allowed by law; and further agrees to pay reasonable attorneys' fees, expenses and cost incurred in enforcing this Agreement, including without limitation, fees and costs incurred in a bankruptcy proceeding, whether or not a lawsuit is filed. Customer consents to the personal jurisdiction of the courts of the State of Texas and agrees that venue may be placed in Montgomery County, Texas at the option of UCI and waives any objection Customer may have to such personal jurisdiction and/or venue. This agreement and the Terms and conditions will be construed, and the rights, duties and obligations of the parties will be determined in accordance with the laws of the State of Texas, without regard to its conflicts of law principles.
3. Customer and the undersigned individual shall remain or become liable for all amounts owing under this Agreement following a sale or transfer of Customer or its assets, or a change in the structure of Customer, unless UCI consents to the transfer of Customer's account in writing and the transferee assumes all obligations hereunder and completes and executes a new Credit Application and Agreement. Customer shall notify UCI in advance of any sale, transfer or change in the structure of Customer's business.
4. Customer grants UCI a security of interest in all goods it orders from UCI and all products and proceeds thereof, including accounts.
5. Customer has reviewed UCI Ordering Terms and Conditions of Sale and General Terms and Conditions of Sale and www.usabigbang.com and hereby accepts and grees to comply with those terms and conditions, along with the terms set forth this Credit Agreement (collectively, the "Terms and Conditions"), and agrees that such Terms and Conditions supersede those contained in any purchase order or other Customer document regarding the subject matter hereof.
6. The undersigned individual represents and warrants that he/she is duly authorized to execute and enter into this Credit Agreement on behalf of the Customer.
7. UCI has the right to terminate any extension of credit to Customer at any time without notice in the event that Customer fails to comply with the Credit Agreement, the Terms and Conditions or any other UCI terms and conditions.
8. No provision, or any part of any such provisions of this Credit Agreement, which may be stricken or deemed unenforceable, shall in any way invalidate the remainder of any such provision or any other provisions of this agreement, all of which shall remain in full force and effect.
The undersigned individual (the "Guarantor") personally and unconditionally guarantees prompt payment to UCI of any and all obligations owed by the Customer. This personal guaranty is a continuing and irrevocable guaranty of payment. Guarantor waives notice of default and nonpayment. Guarantor agrees to pay all costs, expenses and attorneys' fees incured in enforcing this guaranty, including without limitation, fees and costs incurred in a bankruptcy proceeding, whether or not a lawsuit is filled. Guarantor consents to the personal jurisdiction of the courts of the State of Texas and agrees that venue may be placed in Montgomery County, Texas at the option of UCI. This personal guaranty is governed by Texas law. Guarantor consents to UCI obtaining a credit report on Guarantor for the purpose of evaluating his/her creditworthiness, inconnection with an application for business credit.