The undersigned applicant ("Applicant") requests Kenworth Sales Company, Inc. ("Kenworth") extend Applicant commercial trade credit on an open account basis, and agrees to pay all obligations to Kenworth and its divisions as incurred under the terms of this Agreement. Applicant's signature below and use of the Account created hereby constitutes acceptance of the following terms:
1. If credit is granted by Kenworth, Applicant shall use such credit for commercial purposes only. Nothing herein shall require the extension of credit. Kenworth may withdraw credit privileges at any time, for any reason, at its own discretion.
2. Any credit extended by Kenworth or its divisions to Applicant hereunder or otherwise are related and governed by these terms. Applicant's default under these terms, or terms and conditions related to any other credit extended by Kenworth to Application, will constitute immediate default on all Applicants obligations to Kenworth.
3. All amounts charged under this agreement must be paid by the 10th of the month following purchase. Applicant agrees to pay service charge of 1 3/4% per month (21 %per annum) on all past due balances, with a minimum charge of $15.00. Applicant consents to the assignment of collection rights against any account created hereby to Kenworth designated agents or assigns.
4. Payment shall be made to Kenworth Sales Co., Inc. Dept. #1, P.O. BOX 27088. SLC, UT 84127-0088 unless otherwise designated. Any dishonored payments may be re-presented electronically and will be subject to fees allowed by state law and may be collected by Kenworth, its agent or assigns.
5. If credit is withdrawn, account balances and related obligations become due immediately. If collection is made by suit or otherwise, Applicant agrees to pay all collection costs, including reasonable attorney's fees, and hereby waives all claims or rights to claim exemptions under applicable state laws. This Agreement shall be governed by the laws of the State of Utah. Jurisdiction and venue shall lie in Salt Lake County, State of Utah.
6. Applicant warrants the information provided herein to be true and accurate, and authorizes Kenworth to verify Applicant’s identity and credit information with other Creditors. Applicant will provide immediate notice in writing to Kenworth if any changes occur in this information. Kenworth may share, and obtain copies of Applicant's credit information on file, with third parties including credit reporting agencies. Applicant authorizes Kenworth or its agents to contact Applicant by email, cell phone, U.S. Postal Service, or any other medium not listed or hereafter obtained regarding any amounts owed to Kenworth. These authorizations will continue until Applicant withdraws such authorizations in written notice to Kenworth and all amounts owed Kenworth hereunder are paid in full.
7. Returns and exchanges may be made within 15 days of purchase only. Warranty claims must be submitted within 30 days of discovery of defect. Charge backs of any other nature will disallowed 90 days after the original invoice date. Refunds or other monies due customer will be applied first to Applicant’s past due account balance, if any, and any credit remaining may be released to Applicant.
8. Any change in terms of this Agreement must be mutually agreed to by both parties in a signed writing. This Agreement supersedes all preceding Credit Account Agreements between the parties.
Signator represents (s)he is authorized by Applicant to execute this document. In the event signator is not authorized to execute this document on behalf of Applicant, signator personally guarantees payment of all Applicant's liabilities incurred hereunder.
