The undersigned Customer hereby requests that Versatrim LLC, a Delaware Corporation, extend financial credit to it with respect to its purchases from Versatrim LLC:
NET THIRTY (30) DAYS UNLESS OTHERWISE SPECIFIED IN INVOICE
If any invoice is not paid when due, Customer agrees to pay interest on the unpaid balance at 1.5% per month, or at the highest rate permitted by law, whichever is lower. If any invoice is turned over to an attorney for collection, Customer shall pay all costs of collection, including court costs and reasonable attorneys’ fees, and expenses.
This formal Credit Application shall constitute an “evidence of indebtedness” for such purposes under N.C.G.S. §6-21.2. The parties further agree that the prevailing party of any action shall be entitled to recover all reasonable attorneys’ fees and expenses incurred by reason of any suit, action, or proceeding involving this Agreement pursuant to N.C.G.S. § 6-21.6.
If Customer returns any goods to Versatrim LLC (hereinafter “Versatrim”) for any reason whatsoever, the Customer shall pay to Versatrim twenty percent (20%) of the invoice amount for each returned item as a restocking fee and must pay any applicable shipping fee.
The parties agree that all questions with respect to the construction of this Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the provisions of the laws of the State of North Carolina. Jurisdiction and venue for the purposes of this Agreement shall be vested in Wake County, North Carolina and the parties agree that all disputes regarding this Agreement shall be brought in the General Court of Justice for Wake County, North Carolina and no other venue.
This Agreement constitutes the entire agreement between the parties and is binding upon the parties and their heirs, successors and assigns. This Agreement supersedes any and all other agreements, either oral or in writing, among the parties hereto with respect to the subject matter hereof. No change or modification of this Agreement shall be valid unless the same shall be in writing and signed by the parties.
The person signing below represents that he/she has carefully reviewed this document, that the information herein is true and correct, and that he/she has the authority to bind the Customer to the terms of this Credit Application.
