Credit Terms & Conditions
Governing Law & Venue
This Credit Application, all extensions of credit, and all claims, disputes, or controversies arising out of or relating to this Credit Application or the extension of credit shall be governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Exclusive jurisdiction and venue shall lie in the state or federal courts located in Maricopa County, Arizona, and Applicant knowingly and irrevocably submits to such jurisdiction and venue.
Payment Terms; Account Stated; Electronic Delivery
Applicant agrees to pay all invoices strictly in accordance with their stated terms. Unless otherwise agreed in writing by Seller, all invoices are due NET 30 from the invoice date. Seller’s invoices, statements, and account records shall constitute an account stated unless Applicant disputes an invoice in writing within twenty (20) days of receipt (or such longer period as may be required under Arizona law).
Delivery of invoices, statements, and notices to the email and/or physical address provided by Applicant shall constitute valid delivery and receipt for all purposes. Failure to timely dispute any invoice constitutes acceptance of the invoice, waiver of objections, and an unconditional obligation to pay the amounts invoiced.
Interest; Late Charges; Suspension of Credit
Past-due amounts shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by Arizona law, whichever is less. Seller may also assess a late charge equal to five percent (5%) of the past-due amount or fifty dollars ($50.00), whichever is greater. Seller reserves the right, upon default or in its sole discretion, to suspend or terminate further credit without notice.
Default; Remedies; No Waiver
Any unpaid balance remaining after the due date shall constitute an event of default. Upon default, Seller may exercise any and all rights and remedies available at law or in equity, including immediate acceleration of amounts due, pre-litigation collection efforts, use of third-party collection agencies, and/or commencement of legal proceedings. No failure or delay by Seller in exercising any right shall operate as a waiver of such right.
Collection Costs; Attorneys’ Fees; Default Judgment Fees
Applicant agrees to pay all costs incurred by Seller in connection with the collection of any amounts due, including reasonable attorneys’ fees, court costs, expert fees, collection agency fees, and all pre-litigation and litigation expenses, to the fullest extent permitted by Arizona law. In the event of a default judgment, Applicant agrees Seller may seek recovery of court costs plus $1,750.00 as a reasonable minimum attorneys’ fee customarily incurred in Maricopa County, subject to court approval.
Continuing Credit Agreement; Amendments
This Credit Application constitutes a continuing credit agreement and applies to all credit extended by Seller to Applicant now or in the future. Seller may modify credit terms, credit limits, or revoke credit at any time. Any amendment or waiver must be in writing and signed by an authorized representative of Seller.
