Prices
All prices are subject to change without notice unless South Eastern has guaranteed price protection in writing. All written price protections shall specify the period of time the price protection remains in effect. In the event the written price protection does not specify the period of time, the price protection shall remain in effect for 90 days from the date a written price quote or offer is provided by South Eastern. ORAL STATEMENTS OF SALES PERSONS ARE NOT BINDING.
Payment terms
South Eastern's monthly billing period begins on the 26th day of each month and ends on the 25th day or the last working day prior to the 25th day of the following month. All payments are due Net 10th of the month following the date of invoice. Any invoice not paid by the 25th day of the month following the date of invoice will be subject to a 1 1/2% service charge. Service charge amount is not to exceed 18% per annum.
Applicants who do not pay accounts when due to South Eastern agree to reimburse South Eastern for all costs and expenses of collection, including, but not limited to, court costs, attorneys' fees, and other expenses incurred by South Eastern in collecting such accounts.
Claims
No claims for damages, defects, shortages, or for any other cause shall be valid unless made in writing and received by South Eastern at the originating branch within 30 days from delivery date or from date of purchase. If the goods sold by South Eastern are damaged or defective, regardless of whether the manufacturer acknowledges responsibility under its warranty or otherwise, South Eastern shall have no responsibility of any kind for any damages, other than to (1) replace the damaged or defective goods from its inventory if possible or (2) allow a credit for the amount of the purchase price of the defective or damaged goods. In no event shall South Eastern be liable for any labor charges incurred by Applicant with respect to such goods. South Eastern shall not be liable for non-delivery, delays, costs or expenses caused by acts of God, war, strikes, delays of carriers, accidents, gasoline shortages, fires, floods, labor disputes, legalities, or any cause beyond South Eastern's control.
Cancellation of orders
Applicant shall be responsible for all expenses and charges incurred by or assessed against South Eastern as a result of applicant's cancellation of any order placed with South Eastern on the basis of South Eastern's quotation.
Shipping and handling charges
Goods shipped to the Applicant by common carrier may be subject to additional charges by South Eastern for arranging the shipment of goods and for handling such shipment.
Returned goods
Goods sold by South Eastern may not be returned without permission of South Eastern and, if return is permitted, such returned goods must be in saleable condition and in their original packaging. Special orders may not be returned until authorization is given by the manufacturer. Credit for special orders is limited to the credit allowed by the manufacturer. Goods returned are subject to handling charges and a reasonable restocking charge.
General conditions
All quotations and agreements to ship goods are subject to approval by South Eastern's credit department. South Eastern reserves the right at any time to discontinue the sale of goods to Applicant. South Eastern reserves the right to correct any grammatical, typographical, or clerical errors.
Applicant agrees that venue and jurisdiction for any legal proceeding to collect any amount due by Applicant to South Eastern may be brought, at South Eastern's opinion, in the city or county where payment is due as shown on the monthly billing statement. THE CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT OF THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.
Personal guaranty
The undersigned requests South Eastern to extend credit to the business named above, hereinafter called the "Applicant", to induce South Eastern to do so and in consideration thereof, each of us personally unconditionally guarantees to South Eastern the payment of all the Applicant's present and future obligations to South Eastern.
Each of us personally unconditionally guarantees to pay on demand all sums due or that become due to South Eastern from the Applicant and all losses, costs, and attorneys' fees which may be suffered by South Eastern as a result of the Applicant's default. South Eastern may proceed to collect all sums that are due or that may become due from the undersigned or any of them without South Eastern first exercising any of its rights against the Applicant or any collateral, the undersigned hereby waiving any right to require South Eastern to pursue the Applicant or any collateral before enforcing the obligations of the undersigned or any of the hereunder. No termination of this Guaranty shall be effected by the death of any or all of us. This Guaranty may not be terminated except by notice sent to South Eastern via registered mail naming a termination date effective not less than 30 days after receipt of such notice by South Eastern. If Applicant is not a corporation or a limited liability company (LLC) at the time this Guaranty is executed, but Applicant subsequently incorporates or forms a LLC with or without knowledge or consent of South Eastern, the undersigned shall be jointly and severally liable to South Eastern for any indebtedness incurred by or transferred to such corporation or LLC. Each of us waives notice of acceptance hereof and waives presentment, demand, notice of dishonor, protest, notice of protest and nonpayment as to any note or obligation signed, accepted, endorsed, or assigned to South Eastern by the Applicant, and all exemptions and any other demands and notices required by law. Guarantor(s) agree that venue for any legal proceeding to collect on this account may be brought at South Eastern's opinion, in the city/county where payment is due. This Guaranty is a joint and several obligation on the part of the undersigned and shall bind our respective heirs, administrator, personal representatives, successors, and assigns and shall inure to South Eastern's successors and assigns, including, but not limited to any party to whom South Eastern may assign any item or account. We hereby waive notice of any such assignment. All of South Eastern's rights are cumulative and not alternative.
Do not use a title or affix a corporate seal. Co-owners of jointly held property must each enter a name below, or sign the downloaded form by hand.
Confirm you have read the terms and the personal guaranty.
Enter at least one guarantor's name.
