TERMS & CONDITIONS
NOTE: Initial orders are C.O.D. CASH unless approved in advance by the credit department and completely signed.
• A late penalty per month may be assessed on any unpaid balance that is overdue according to the terms approved by the credit department.
• A returned check charge/service fee will be assessed to your account for any returned check, EFT or insufficient funds of any kind.
• We reserve the right to charge a restocking fee and a money pick-up fee (i.e. picking up money without delivery).
• The Guarantor must notify NCD in writing by certified mail return receipt requested no later than thirty days prior to transfer of ownership of the Guarantor. In the event that the Guarantor breaches his/her/its obligations under this paragraph, the Guarantor and the new owner shall be jointly and severally liable to NCD for all balances due and owing from the time of transfer. In no event may the balances due and owing from the Guarantor be transferred to any other person or entity without the express written consent of NCD, which may be withheld at NCD's discretion.
• In the event of default, NCD is hereby granted the rights to reclaim all goods, including inventory and/or equipment sold by it to our company pursuant to a security interest in such goods, which is herby granted to NCD. The security interest being granted to NCD is in all inventories, equipment, instruments, general intangibles, accounts and all other personal property and goods of every kind and nature. Furthermore, NCD is hereby granted a purchase money security interest in the goods sold by it to Customer, including inventory and equipment. The security interest herein granted shall secure the purchase price of all obligations of Customer due to NCD, including costs of collection and attorney's fees in the amount not less than 33 1/3 percent. Customer irrevocably authorizes NCD at any time and from time-to-time to file in any Uniform Commercial Code jurisdiction, financing statements and amendments thereto. Customer grants NCD an irrevocable limited power of attorney for the purpose of executing and/or recording any and all documents to perfect NCD security interest. NCD is hereby granted all the rights and remedies provided to secured parties under Article 9 of the Uniform Commercial Code as enacted in the jurisdiction of NCD's choosing. The customer waives all rights to trial by jury.
• I authorize National Convenience Distributors, Inc. ("NCD") to contact any reference given herein and any other credit-reporting agency in order to exchange information regarding this credit application.
• Counterpart Execution and Use of Photocopies: This Agreement may be executed by signature of the parties to this agreement, or their authorized representatives, on multiple copies of the agreement, including signatures captured digitally as well as copies transmitted by e-mail, portable document format (PDF) or facsimile, and upon being so executed, shall be effective as if all signatures appeared on the original of this agreement. A signed copy agreement shall have the same force and effect as an original.
I, Guarantor/Principal, have fully read and accept of the above "Terms and Conditions".
National Convenience Distributors