The undersigned ("Purchaser") agrees that all purchases made by Purchaser from Jackson Wholesale Co. (Seller") are subject to the following terms and conditions.
- All amounts due for goods and services purchased from Seller are payable at the Seller's distribution facility from which the goods and services are delivered. Purchaser acknowledges that such amounts are not payable in installments but are payable in full as stated herein.
- All amounts due Seller are payable upon delivery of product, or cash terms. Credit terms are available at the discretion of the Seller's credit department and management if any amount due Seller is not paid in accordance with such payment terms, a delinquency charge shall be added to the sum due, which shall equal the amount obtained by multiplying the delinquent balance by the lesser of (a) one and one half percent (1.5%) per month or (b) the maximum lawful rate permitted to be charged under the applicable state's law.
- Purchaser shall pay Seller a service charge in an amount equal to the greater of $30.00 or 5% of the check balance for all checks returned by Purchaser's bank; provided, however, that such service charge shall not be due and payable in the event such payment would result in the violation of the usury laws of the applicable jurisdiction.
- In the event the account is turned over to an attorney or other agency for collection, or suit is brought on same, or the same is collected through any judicial proceeding 'whatsoever, Purchaser shall pay all reasonable attorney's fees and court costs incurred by Seller.
- Purchaser shall notify Seller by certified mail of any change of ownership of Purchaser. Purchaser warrants to Seller that all financial information furnished for the purpose of obtaining credit is true, correct and complete in all material respects, and Purchaser authorizes Seller to investigate all references furnished pertaining to the credit and financial responsibility of Purchaser.
- The Seller has authorization to perform credit reviews on the Purchaser (business entity and owners).