I certify all the information in this Application is complete, factual and correct. I authorize the Bank and Credit references listed on this application to release any of my account information to HighTech4 Corp. I HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS & CONDITIONS SET FORTH BELOW ON THIS CREDIT APPLICATION.
TERMS & CONDITIONS
GENERAL: Your Company submits this Credit Application to apply for an account with HighTech4 Corp for the purchase of goods and services in accordance with these Terms & Conditions (an “Account”). In these Terms & Conditions of your Account, the words “you” and “yours” refer to the Company applying for the Account, and the words “we”, “us”, “our”, or “HighTech4 Corp” refer to HighTech4 Corp. Any person using the Account with your express or implied permission (an “Authorized User”) is bound by these Terms & Conditions. In reliance on your Credit Application, we may accept your application to open an Account. We may, but are not obligated to, extend credit so that you may purchase goods and services for business purposes (“Products”) from HighTech4 Corp.
ACCEPTANCE: The use of your Account by you or your Authorized User means you accept these Terms & Conditions.
PAYMENT: (A) You agree to pay all invoices for Products sold to you by HighTech4 Corp according to the terms of the invoice and these Terms & Conditions. (B) If you fail to timely pay any invoice, you agree to pay a service charge on any unpaid balance at the rate of 1.5% per month (18% per annum), or the maximum allowed by law if less, until the overdue balance is paid. (C) Should you maintain a credit card on file with us, you agree we can charge any credit cards you have on file as payment of any amount you owe, including any past due amount, service charges, and late fees. (D) Overdue and delinquent Account balances are subject to being placed for collection, and you agree to pay all costs of collection, including a reasonable attorney's fee at all levels of proceedings. (E) If any invoice is not paid when due, HighTech4 Corp, at its option, may require that all other orders be sent C.O.D., or may suspend all further Account activities, until the Account is paid in full. (F) Any invoice payment or account balance payment made by credit card is subject to a 2.5% fee.
OFFSETS: (A) You shall not have the right to offset any amounts due to HighTech4 Corp for Products invoiced to you. (B) You agree that HighTech4 Corp has the right to offset any Account balance, or any portion thereof, against any funds due you from HighTech4 Corp. Such funds that HighTech4 Corp may use to offset your Account balance shall include, but are not necessarily limited to, any Monthly Incentives, Residuals, Reserves, or other funds or financial obligations that arise from any other Agreement you have or may in the future have with HighTech4 Corp.
PRICING; TAXES: (A) Prices for Products sold to you are set by the terms of the invoice. (B) Prices are exclusive of all Federal, State, and local sales taxes, unless expressly indicated otherwise in writing on the invoice. (C) You must submit a tax exemption certificate that is acceptable to the appropriate taxing authorities for the state of the billing address of your Company. If an exemption certificate is not available, or you advise us in writing that you wish to pay sales tax, all applicable sales tax will be charged to and payable by you. If any exemption certificate is deemed invalid by any applicable taxing authority, you shall pay all such taxes, and any fines, penalties, or costs arising out of such invalid certificate.
DEFAULT: The following are events of default under the Terms & Conditions of your Account: (A) You do not pay any payment when due. (B) You make any false or misleading statement on your credit application or fail to supply us with updated financial information within 30 days of our request. (C) You file for bankruptcy, or a bankruptcy petition is filed against you. (D) Any natural person guaranteeing payment on your Account dies, declares bankruptcy or has a bankruptcy petition filed against him or her. (E) An event occurs which in our reasonable discretion causes the prospect of payment by you to be significantly impaired. (F) You breach any other provision of the Terms & Conditions of your Account. (G) You breach any other Agreement you have with HighTech4 Corp. In the event of default, we may demand the entire unpaid balance be paid immediately. If you are in default and we refer your Account to an attorney and/or collection agency for collection, we may charge you our collection costs, including court costs and reasonable attorneys’ fees, when and as permitted by applicable law. All liabilities of the your Company and of any Guarantor of your Account shall mature immediately upon the insolvency of your Company, its inability to meet its obligations as they become due, the appointment of a receiver, custodian or trustee for your Company or any of its property, the filing of a voluntary or involuntary petition for relief in bankruptcy, reorganization, the making of an assignment for the benefit of creditor, or the calling of a meeting of creditors by your Company, or if any of the foregoing events shall occur with respect to any Guarantor of your Account.
RETURN CHECK FEE: If you make a payment with a check that is dishonored or returned for insufficient funds, you agree to pay a fee of $25 for each such check.
UPDATED INFORMATION: Upon our request, you agree to promptly update your business and personal information, including providing financial statements if requested. You shall promptly provide HighTech4 Corp written notice of any change in your or your Company name, address, business organization status, ownership, owners, officers, partners, or locations.
CREDIT INVESTIGATION: You give us the right to investigate your business and/or personal credit history, as applicable. You authorize us to furnish information about the Account to credit reporting agencies and others who may lawfully receive the information including our affiliates.
CANCELLATION OF ACCOUNT: We and you have the right to cancel this Account, as it relates to future purchases, at any time without default. You remain obligated to pay for all purchases made prior to cancellation. Cancellation of your Account may result in the termination of other Agreements you have or may in the future have with HighTech4 Corp.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY: HighTech4 Corp offers no guarantees or warranties of any kind whatsoever, including any warranties of merchantability or of fitness for a particular purpose, either expressed or implied, on the Products and service sold by HighTech4 Corp. You assume all risks and liability for the results obtained in the installation and use of any Products sold by HighTech4 Corp. You agree that HighTech4 Corp shall not be liable for any consequential or special damages, including lost profits that may result from defective or unfit Products. The only warranties on the Products sold by HighTech4 Corp are the warranties made by the manufacturer. Additionally, HighTech4 Corp disclaims any defective product liability or intellectual property liability for any Product manufactured or supplied by others that you purchase from HighTech4 Corp; and you waive any claim for defective product liability or intellectual property liability you may have against HighTech4 Corp related in any way to the Products you purchase from HighTech4 Corp. Damages, if any, levied against HighTech4 Corp for claims you brought related in any way to the Products you purchased form HighTech4 Corp shall be limited to cost of the Products you purchased that are subjects of your claims.
FREIGHT; SHIPPING; DELIVERY: All orders are shipped F.O.B. HighTech4 Corp shipping point. Method and route of shipment are at HighTech4 Corp’s discretion. Risk of loss or damage to the Products shall pass from HighTech4 Corp to you as soon as the Products are packed and ready for delivery to a carrier, and title shall pass to you at that time. All risk of loss or damage in transit shall be borne by you and it is your responsibility to file any damage, or loss claims with the carrier. You agree that under no circumstances shall you withhold payments from HighTech4 Corp because of damage or loss in transit. HighTech4 Corp does not guarantee delivery dates, and HighTech4 Corp shall not be liable to you for any delay or failure of delivery of Products for any reason, regardless of if your order for Products is submitted and accepted. Any claim you have regarding discrepancies between the invoiced descriptions or quantities and the actual Product you received must be made in writing within 15 days from the date of invoice, or your claim is waived. Absent any such claim, actual delivery of the invoiced descriptions or quantities of the ordered Product shall be conclusively presumed. Depending on your Account and the Products you purchase from HighTech4 Corp, other Freight Policies may apply.
RETURNED PRODUCTS: You shall not return any Product to HighTech4 Corp unless your request is in writing and in accordance with HighTech4 Corp’s or the manufacturer’s Return Authorization procedures. Unless otherwise agreed to in writing, a restock charge of up to 15% will be assessed upon the return of Products because of your ordering error, late cancellation of your order, or when assessed by the manufacturer.
CREDIT CARDS: If you have provided credit card information to HighTech4 Corp through HighTech4 Corp’s Retail Services Department or through HighTech4 Corp’s password protected e-commerce site to facilitate the payment of your orders of Products purchased on your HighTech4 Corp account, you acknowledge and agree: (A) You guarantee and warrant that you are legally authorized to use any on-file credit card and give HighTech4 Corp authorization to charge any on-file credit card. (B) The use of on-file credit cards is optional and for your convenience. (C) You may elect to provide HighTech4 Corp payment information with each order if you do not wish HighTech4 Corp to keep your credit card on file and be subject to these Terms & Conditions. (D) You have the ability to add a new on-file credit card, maintain multiple credit cards on file with HighTech4 Corp, edit any credit card information, or delete any existing on-file credit card at any time. (E) You authorize HighTech4 Corp to charge any of the on-file credit cards as payment for all amounts due for an order of Products and invoiced to your HighTech4 Corp Account, for any recurring charges for any HighTech4 Corp program, and for any Past Due amount you owe; and HighTech4 Corp may do so without additional notice to or authorization from you. (F) You may designate a “Default” on-file credit card to be used primarily for your orders and the first on-file credit card charged; however, should the Default on-file credit card be insufficient for any reason to fully pay for your order, you specifically authorize HighTech4 Corp to charge any other on-file credit card you have provided. (G) You agree that you will not dispute with your credit card company any charges from HighTech4 Corp unless you first attempt to resolve the issue directly with HighTech4 Corp and those attempts have failed. (H) You agree to indemnify, defend, and hold HighTech4 Corp harmless, against any liability pursuant to the use of any on-file credit card. (I) If you have any problems or questions regarding any charges from HighTech4 Corp, you will contact the HighTech4 Corp Retail Services Department for assistance at 813.626.5195, Ext. 3017 or by email at the following sales@hightech4.com. (J) On-file credit card payments made shall be in accordance with the credit terms HighTech4 Corp has established for your HighTech4 Corp Account. (K) If HighTech4 Corp is unable to process your payment with your on-file credit cards, you will make immediate alternate payment arrangements, and you shall be responsible for any resulting processing fees that HighTech4 Corp may incur.
OTHER HighTech4 Corp PROGRAMS, SERVICES, & POLICIES: To the extent your use of your HighTech4 Corp Account, purchases of Products, and your participation in other HighTech4 Corp programs requires your acknowledgment of, agreement to, and compliance with use policies, terms, and conditions, your establishing your HighTech4 Corp Account and agreeing to these Terms & Condition shall be your acknowledgment of, agreement to, and compliance with the following : (A) Returns Policy; (B) Smart Services; (C) Price Match Guarantee; (D) 12Volt Shipping Policy; (E) C/I Home Shipping Policy; (F) HighTech4 Corp DASH Delivery Service; (G) Internet Reseller Policy; (H) Store.HighTech4.com Site Terms; and, (I) Privacy Policy. All these HighTech4 Corp Programs, Services, & Policies listed above can be reviewed and downloaded at https://www.hightech4.com/policies.
CONFLICTING TERMS; ACCEPTANCE: HighTech4 Corp shall not be bound by any written terms contained on any purchase order or other document you submit when ordering Products. These Terms & Conditions of your Account and any terms set out in HighTech4 Corp’s invoice for your order shall control in all instances, unless otherwise agreed to in writing by HighTech4 Corp. No orders submitted by you will be considered final until accepted by HighTech4 Corp and processed to an invoice. HighTech4 Corp is under no obligation to accept any order submitted by you.
GOVERNING LAW; VENUE; JURISDICTION: The Terms & Conditions of your Account and any claims arising under it shall be governed by the laws, both substantive and procedural, of the State of Florida and exclusive venue shall be in Hillsborough County, Florida. You expressly consent to the jurisdiction of the Courts of the State of Florida. Should you have any other Agreement with HighTech4 Corp, HighTech4 Corp, at its sole discretion, may invoke any dispute resolution clause contained therein as the mechanism to resolve any claims arising hereunder relating to your Account.
WAIVER OF JURY TRIAL: You waive all rights you may have to a trial by jury of any claims relating to your Account and the Terms & Conditions of your Account.
ASSIGNMENT: You agree that we may sell, assign or transfer our rights to your Account without written notice. You may not sell, assign, participate or transfer your rights to your Account without our prior written consent.
ELECTRONIC TRANSACTIONS; FAXES: You expressly consent to: (A) conduct transactions by electronic means; and (B) receive telephone solicitations, facsimile transmittals, e-mails, or web-site postings from HighTech4 Corp, including those that are unsolicited, which contain unsolicited advertisements.
HighTech4 Corp NOTICES TO YOU: All notices HighTech4 Corp is to give you pursuant to these Terms & Conditions or related to your HighTech4 Corp Account shall be in writing and sent by: (A) first class certified mail, postage prepaid; or (B) overnight courier service, charges prepaid; or (C) facsimile transmission; or (D) email to you at the principal contact email you provide when establishing your HighTech4 Corp account; or (E) any method of mass communication reasonably directed to HighTech4 Corp’s customer base, including, without limitation, email blast, web site home page notice, or otherwise posting on HighTech4 Corp’s web site, and the sending of such notice shall constitute providing appropriate notice to you. It shall be your sole responsibility to keep yourself informed of all notices, changes, or other information set forth in any mail, e-mail, or posting on HighTech4 Corp’S customer web site sent or otherwise directed to you.
MODIFICATION TO THE TERMS & CONDITIONS: HighTech4 Corp may, at any time in its sole discretion, change, alter, delete, add or otherwise modify these Terms & Conditions upon notice to you (a “Modification”). Your continued maintenance of your HighTech4 Corp Account and purchasing of Products following receipt of notice of a Modification will constitute your binding acceptance of the Modification. If any such Modification is material and unacceptable to you, you acknowledge and agree that your sole and exclusive remedy is to cancel your HighTech4 Corp Account, cease purchasing Products, and HighTech4 Corp shall have no liability whatsoever for any such Modification for which you decided to cancel your HighTech4 Corp Account. Your cancellation of your HighTech4 Corp account does not relieve you of any Account or contractual obligations you owe HighTech4 Corp.