We hereby make application for credit to Merchants Metals LLC, hereafter referred to as MM. If credit is granted, we agree to pay all bills within the standard terms of Net 30 days. We agree to pay a service charge of $25.00 for any checks returned from our bank for any reason. Additionally, we understand that a service charge may be assessed on any unpaid balance equal to the lesser of 18% per annum or the maximum rate allowed by law, when an account becomes past due. Should legal action be taken to secure payment for merchandise received, we will be liable for all expenses, including reasonable collection/attorney's fees incurred by MM. We agree that this Credit Application/Agreement shall be governed by the laws of the State of Georgia. We consent to this personal jurisdiction of the Georgia Courts, and we agree that jurisdiction and venue shall be in the State and/or Federal Courts located in Fulton County, Georgia, at the sole discretion of MM. MM reserves the right to withdraw credit at any time without prior notice. All information furnished as part of this application becomes the property of MM. No change in terms authorized unless signed by an officer of Merchants Metals LLC.
We agree to observe MM's standard terms and conditions set forth on its invoice from time to time in effect, notwithstanding any different or additional terms stated in our purchase order. We represent that we are financially capable of paying invoices as they are due.
This information is given in confidence for the sole purpose of establishing credit with MM. Authorization is hereby given to make inquiry of all trade and financial sources which are deemed necessary to properly evaluate this application.
The undersigned hereby consent(s) to Merchants Metals LLC's use of a non-business consumer credit report on the undersigned in order to further evaluate the credit worthiness of the undersigned as principal(s), proprietor(s) and/or guarantor(s) in connection with the extension of business credit as contemplated by this credit application. The undersigned hereby authorize(s) Merchants Metals LLC 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 this credit application. The undersigned as (an) individual(s) hereby knowingly consent to the use of such credit report consistent with the Federal Fair Credit Reporting Act as contained in 15 U.S.C. @ 1681 et seq.
MANDATORY BINDING ARBITRATION: Any claim or controversy arising out of or related to this Contract shall be submitted to and resolved by binding arbitration by a single arbitrator in Atlanta, Georgia. The American Arbitration Association shall conduct the arbitration unless the parties mutually agree to use an alternative arbitration service. The costs of the arbitration, including reasonable attorney fees and expenses, shall be borne equally by the parties. Judgment upon any award made by the arbitrator may be entered in any court having jurisdiction thereof, if necessary.
NOTICE: The Federal Equal Opportunity Act prohibits creditors from discriminating against Credit Applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into, a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with the law concerning this credit is the Federal Trade Commission, Division of Credit Practices, 6th and Pennsylvania Avenue, NW, Washington, DC 20580.
In consideration of credit being extended to the Applicant identified on page 1 of the above Credit Application, I personally guarantee all indebtedness of any kind, owing at any time by said Applicant to Merchants Metals LLC I further agree that this guarantee is an absolute and continuing one, is a guarantee of payment and not of collections, and no notice of the indebtedness or any extension of credit already or hereafter contracted by or extended need be given. The terms may be rearranged, extended, and/or renewed without notice to me. Neither bankruptcy nor any other similar proceeding of applicant shall impair or affect my obligations under this guarantee. The above Credit Application is incorporated herein by reference in its entirety.