Agreement for Business Consumer Credit Report
Eagle Trading International Corp.’s DBA RoofingSource use of non-business/business consumer credit report on the undersigned in order to further evaluate the credit worthiness of the undersigned as a principal, proprietor, partner and/or guarantor in connection with the extension of the business credit as contemplated by this credit application. The undersigned hereby authorizes Eagle Trading International Corp. DBA RoofingSource to utilize a consumer credit report on the undersigned from time to time in connection with the extension or continuation of the business credit represented by the credit application. The undersigned as an individual hereby knowingly consents to the use of such credit report consistent with the Federal Fair Credit Reporting Act.
Agreement for a Commercial Account
Applicant hereby applies to Eagle Trading International Corp. DBA RoofingSource to open a commercial account in Applicant’s name and hereby requests RoofingSource from time to time to extend credit to enable Applicant to buy goods or services from RoofingSource for business or commercial purposes only.
As an inducement to RoofingSource to extend credit, and in consideration of RoofingSource agreeing to extend credit to Applicant, Applicant states as follows:
1. Applicant represents and warrants that all information including but not limited to the information on the Application for Credit, given in connection with this Application and Agreement (“Agreement”) is true and correct as of the date of this application. Applicant agrees to provide RoofingSource with notice of changes to the information contained on the face and back of this agreement as they occur.
2. Applicant agrees to pay upon receipt of invoice (“Payment Due Date”).
3. If any invoice remains unpaid after the Payment Due Date then RoofingSource has the right to not fulfill further orders and need not notify Applicant.
4. If any amount due remains unpaid upon 20 days of invoicing, Applicant shall pay to RoofingSource a late charge on all past due amounts until such amounts are paid in full.
5. The late charge shall be one point five percent compounding on a monthly basis after the initial interest charge at twenty days.
6. If Applicant pays any invoice with a check, and the check is returned from Applicant’s bank unpaid for any reason, Applicant will pay a service charge of thirty-five dollars or one half of one percent of the face amount the check, whichever is greater. The service charge will be along with any late charges that may be applicable.
7. This agreement shall be a continuing agreement and shall apply to each purchase. Applicant agrees that RoofingSource can change or amend any of the terms on this Agreement. Applicant’s continued use of commercial charge account after the effective date of the amendment or change shall be deemed acceptance of the changed terms.
8. This is intended to be a continuing Agreement and shall continue as to all new indebtedness incurred unless and until a written notice is served upon Eagle Trading International Corp. DBA RoofingSource by certified mail return requested; declaring said Agreement shall not apply to the future purchases. Such termination to be effective following the receipt of the notice. Termination of this Agreement shall result in all subsequent orders being fulfilled on a prepaid basis only.
9. Applicant agrees to hold harmless Eagle Trading International Corp. DBA RoofingSource for any damages resulting from the withholding and / or delay of order fulfillment to Applicant resulting from events outside the control of Eagle Trading International Corp DBA RoofingSource.
10. Applicant understand and agrees that RoofingSource’s liability of damages as a result of failure of any product shall be limited to the cost of replacement of the goods supplied, and RoofingSource shall not be liable for any incidental or consequential damages arising therefrom.
11. Applicant agrees to submit to the jurisdiction of the Circuit Court of Cook County Illinois.
12. Applicant and RoofingSource hereby waive the right to a jury trial for any claim arising from the enforcement of this agreement.
13. Applicant will pay all expenses, including reasonable attorneys’ fees, incurred by RoofingSource in the enforcement of this agreement and the collection of any charges due thereunder.
14. RoofingSource’s failure to exercise any of its rights hereunder shall not be deemed a waiver of RoofingSource’s rights under this agreement.
The Applicant authorizes RoofingSource to request and to obtain credit information from Applicant’s trade, bank, and personal references. Applicant authorizes the references contacted by RoofingSource to release to RoofingSource the information concerning the status and conduct of the Applicant’s business and personal credit. Applicant states that they have read all terms and conditions stated on this form. Applicant agrees that those terms and conditions govern this application for an account.
The undersigned hereby personally guarantees any existing or hereinafter created indebtedness by the Applicant to Eagle Trading International Corp., and waives presentment and demand for payment, notice of payment, notice of non-payment, protest and notice of protest, and consents without notice of any extensions of time or increase in the amount of credit given. This is intended to be a continuing guarantee and shall continue as to all new indebtedness incurred unless and until a written notice is served upon Eagle Trading International Corp. by certified mail return requested; declaring said personal guarantee shall not apply to the future purchases. Guarantor consents to allow Eagle Trading International Corp. to change or modify the terms of sale without notice to or authorization of the guarantor. Guarantor assumes all responsibility for staying advised as to the Applicant’s financial condition and risk.