Delivery dates at a time of order are approximate and my vary due to unforeseen delays. Seller is not liable for any damages to Buyer for delays or late shipments. Title and risk of loss passes to Buyer upon delivery of goods. Buyer grants Seller a security interest on goods until paid in full.
All return of goods must have prior written approval of seller. Returns are subject to a 15% of invoice restocking charge.
Written quotes will be honored for no longer that 30 days. Buyer shall pay the current effective price at time of delivery including all shipping costs and proper taxes. Prices subject to change without notice.
Payment terms are stated on face. A $25.00 fee will be charged on returned checks.
Seller makes no implied or expressed warranties of merchantability or usability of products for any particular application of purpose. Buyer is responsible for any and all testing for intended use of products. Seller is not liable for incidental or consequential damages. All compliance to governmental regulations, state, federal, or local, is Buyer’s responsibility.
CONDITIONS OF OPEN ACCOUNT: In the event it becomes necessary for Peterman Lumber, Inc. to file suit to enforce payment of past due amounts, such suit may be brought at the option of Peterman Lumber, Inc. and Peterman Lumber, Inc. shall be entitled to collection fees, actual attorney fees and all costs. Buyer hereby agrees that in the event of litigation, the venue for such action shall be San Bernardino County, California or at the discretion of Peterman Lumber, Inc. All purchases are deemed made and payment is due at the principal place of business of Peterman Lumber, Inc. Service charges of 1.5% per month (18% APR) rate will accrue on all past due amounts. Financial Statements, credit information, information supplied by Buyer or by others on Buyer’s behalf shall become part of this credit application and any false or misleading information shall constitute fraud. Even though an individual may have an approved “open account” with Peterman Lumber, Inc. the acceptance of any individual order and term of payment on all sales and orders are subject to the individual approval of the Credit Manager of Peterman Lumber, Inc. All sales are made pursuant to these conditions. And all orders are received with the understanding that they are placed under these conditions.
The above information is true and correct. Peterman Lumber, Inc. may verify the above information, check the undersigned’s credit history and report to authorized persons and credit bureaus concerning the undersigned’s performance under this agreement.
For value received, and further consideration of any credit you may extend hereafter to that party, I hereby guarantee the full payment to you at maturity of all indebtedness to you that has incurred or may incur, by reason of the purchase of merchandise or otherwise from Peterman Lumber Inc.
My liability shall not be affected by the amount of credit extended hereunder, and shall not be reduced by payments to you by the said party from time to time if subsequently you extend additional credit to it, or if said payments are applied to an obligation not guaranteed hereunder. My liability shall not be affected by the taking note or any other change in the form of said indebtedness, nor by the extension or renewal of any indebtedness or evidence thereof, I hereby waive notice of presentment of this guarantee, extension or credit hereunder, default in payment, change in form, renewal or extension of any said indebtedness, or any other matter with respect to your dealing with said person or firm.
This guarantee may be revoked only by written notice of revocation sent by registered or certified mail to you at your address stated above. It shall not be revoked by my death, but written notice of revocation may be given in the above manner by my executor or administrator. Revocation shall not in any way relieve me from liability for any indebtedness incurred for which you are committed prior to the actual receipt by you of said notice. A registry or certified mail return receipt shall be the exclusive means of establishing that notice of revocation has been given.
This guarantee shall be binding upon myself and upon my heirs, legal representatives, successors and assigns, and shall create a primary liability for any indebtedness to you owning by said person or firm and not paid at maturity, whether or not you have endeavored in any manner to collect the indebtedness from said person or firm or any others who may be liable thereof. If this guarantee is signed by more than one person, or if other separate guarantees are given to you, the liability if each of us shall be separate and independent from the liability of others, and you may enforce such liability in full against any one of us or against all of us, subject only to the limitation that you shall not collect more that the total amount of indebtedness herein guaranteed.
If this guarantee is executed on behalf of a corporation, the signing party warrants the authority of the corporation to execute this guarantee and his own authority to sign on behalf of the corporation. In that event, references in the first person, such as the personal pronouns “I,” “my,” “me,” and “us,” shall constitute references to the undersigned corporation.
This guarantee shall not be abrogated or affected in any manner by any change in the legal form of, or persons having an interest in, the business enterprise conducted by such person or firm. I hereby waive the benefit of all homestead exemption laws or other laws having similar purposes. In the event that an attorney is required to enforce this guarantee, I hereby agree to be liable for any and all reasonable attorney’s fees and court costs in connection with he enforcement of this guarantee. I further agree that the laws of the State of California shall apply and that in the event there is litigation commenced to enforce this guarantee, the venue for such action shall be San Bernardino County, California, or at the discretion of Peterman Lumber Inc.