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The
following terms, conditions and agreements are connected
directly with the APPLICATION FOR CREDIT form used by
Star Metals, Inc. By signing the said application, the
applicant is expressing the desire to purchase goods
and or services from STAR METALS, Inc., (hereinafter
to be referred to as STAR METALS, Inc.), AND is stating
they have read and agree to be bound by the following
terms, conditions and agreements:
1.
ACCURACY
OF APPLICATION:
The decision to extend credit to applicant will be based,
at least partly on the information provided in the Application
for Credit form mentioned above. The applicant declares
all information provided to STAR METALS, Inc. is true
and correct.
2.
CREDIT
CHECK: Applicant
authorizes STAR METALS, Inc. to check applicant's background,
references and to confirm the accuracy of all information
given to STAR METALS, Inc. by the applicant. Applicant
agrees, from time to time to provide additional financial
information if requested by STAR METALS, Inc.
3.
AGREEMENT
TO PAY:
Payment for all goods is due and shall be paid according
to the terms appearing on the face of the invoice from
STAR METALS, Inc. Applicant agrees to pay, within the
specified terms, all invoices, charges, fees, and costs
that have been or may be incurred by the applicant or
their agent, representative, or any person authorized
by the applicant. On any amount not paid within one
(1) day of the date it is due, liquidated damages may
accrue and be payable. Liquidated damages shall be interest
on the amount due at the maximum rate allowed by CA
law. Applicant agrees to notify STAR METALS, Inc., in
writing, of any errors on an invoice, within Ten (10)
days from the date of that invoice. Otherwise, the invoice
will be considered accepted as correct. In the case
of a partial dispute of an invoice, the undisputed portion
of that invoice must be paid within the specified terms
of that invoice and a debit memo issued for the disputed
portion, stating the reason for non-payment. If the
applicant does not pay within the agreed terms, to STAR
METALS, Inc., the applicant shall be responsible to
pay, in addition to the balance owed to STAR METALS,
Inc., all actual costs, fees, and expenses that may
be incurred by STAR METALS, Inc. in it's attempt to
collect the balance owed to them. This includes, but
is not limited to, actual fees charged by collection
agencies or attorneys or any other fees allowed by law.
Customer agrees that for and in consideration of the
extension of credit by STAR METALS, Inc. to applicant,
this agreement shall be construed under the laws of
the State of California, and should it become necessary
to file for legal action to enforce this agreement,
Riverside County, California or any other county allowed
by STAR METALS, Inc. shall be the exclusive jurisdiction
and legal venue for such action. Applicant agrees to
pay, to STAR METALS, Inc., actual attorneys' fees and
costs incurred, whether or not formal proceedings were
brought to remedy the breech of this agreement.
4. AUTHORIZED
USE OF ACCOUNT: Applicant
must notify STAR METALS, Inc. of any person not authorized
to use applicant's approved credit account. All others
will be considered authorized. Unless the applicant
notifies STAR METALS, Inc. in writing within Ten (10)
working days of any unauthorized use of the applicant's
credit account, the applicant agrees to be liable for
the action and any balance due as a result, unless legally
proved otherwise.
5. CLAIMS:
Buyer shall
notify STAR METALS, Inc. in writing of any claims for
non-conformity, shortages, and errors in shipment or
errors in charges within Ten (10) days after receipt
of products. Failure to notify STAR METALS, Inc. shall
constitute conclusive evidence that STAR METALS, Inc.
has satisfactorily performed and that Customer has accepted
the products and waived any right to reject the products.
Products may be returned ONLY upon STAR METALS' prior
written authorization. STAR METALS, Inc.'s liability
is limited to replacing or repairing non-conforming
products or to allow credit to the extent of the invoice
amount of such products, at STAR METALS, Inc.'s option.
STAR METALS, Inc. shall be given reasonable opportunity
and access to investigate the merits of any claim made
by Customer. All claims must be made prior to the installation
or other use of the goods. If you have accepted the
goods tendered under this document in any manner provided
in the Uniform Commercial Code, you shall have NO right
to revoke its acceptance.
6. RETURNS:
No goods shall be accepted for return without the prior
written authorization from STAR METALS, Inc. There will
be a minimum of Twenty percent (20%) restocking charge
on all returned goods accepted by STAR METALS, Inc.
No returns will be accepted after thirty (30) days from
the date of delivery to you. Goods which have been processed
may not be returned, except if supplied in error.
7.
SUSPENSION
OF PERFORMANCE: If
you fail to pay any amount owing to STAR METALS, Inc.,
or if in STAR METALS, Inc.'s judgment there is reasonable
doubt concerning your financial responsibility, STAR
METALS, Inc. may suspend performance or terminate this
contract without liability and without prejudice to
other remedies, as to further delivery and work, and
no forbearance or course of dealing affects this right
to STAR METALS, Inc.
8.
INDEMNIFICATION:
Customer shall indemnify, defend, and hold STAR METALS,
Inc., its officers, and agents harmless from and against
all loss, cost, damage, or expense whatsoever incident
to any claim, action or proceeding against STAR METALS,
Inc.
9. ACCEPTANCE:
Once this agreement is accepted by STAR METALS, Inc.,
no promise, representation or agreement made prior to
or subsequent to the execution and delivery hereof,
by either hereto, and no revocation, partial or otherwise,
or change, amendment, addition, alteration or modification
shall be valid unless the same be in writing signed
by all the parties hereto, or by their duly authorized
agents.
10.
CANCELLATION
OF ORDERS: Orders placed by customer may not
be canceled, except upon STAR METALS, Inc.'s prior written
consent and the payment of all cancellation charges,
if any. All special order materials (includes mill orders
for customer) and processed materials and fabricated
materials are non-cancelable and non-returnable. In
the event of cancellation and or return without STAR
METALS, Inc.'s consent, STAR METALS, Inc. shall be entitled
to recover any and all damages suffered by STAR METALS,
Inc. as the result of customer's cancellation.
11.
SEVERABILITY:
If any provision of these terms and conditions as applied
to any party or to any circumstance shall be found by
a court to be void, invalid, or unenforceable, it shall
not affect any other provision of these terms and conditions,
the application of any such provision in any other circumstance,
or the validity of enforceability of these terms and
conditions.
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