All payments shall be made without demand at the office of the Seller within ten days of statement date.
Receipt of the above goods by customer constitutes an agreement to pay a FINANCE CHARGE OF 1½% on the unpaid balance on customer’s account on the 1st day of each month less any purchases, payments or returns credited during the preceding month. This is an ANNUAL PERCENTAGE RATE OF 18% (18% A.P.R.) a year. Finance Charges on this transaction may be avoided by making payment for the above item(s) before the last day of the month following this transaction. All charges due and payable immediately.
Manufacturer’s warranty, if any, is the only warranty, condition, and agreement expressed, implied, or statutory upon which said property is purchased; and, no other warranty, condition, or agreement has been made or exists, either expressed or by implication. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, ALL IMPLIED WARRANTIES BEING EXPRESSLY EXCLUDED AND WAIVED FROM THIS AGREEMENT.
No goods shall be returned for credit or exchange except with the written permission of Seller and all claims for shortage, damages or unsatisfactory goods must be made in writing within five (5) days after delivery by seller.
Customer hereby appoints Seller its attorney and authorized it as attorney in fact for Customer to prepare, execute, and sign Customer’s signature to and file a financing statement, or file a financing statement signed only by Seller covering the property delivered or to be delivered under this order. This document is intended to create a Security Interest in the property delivered to or to be delivered to Customer and shall constitute a Security Agreement; and Seller hereby reserves and Customer transfers and agrees to transfer a Security Interest in said collateral to Seller until full payment has been made for all property purchased by Customer, and Customer shall keep said property free of all taxes, liens and encumbrances, and shall at all times be responsible for loss or damage by fire or otherwise.
Time is the essence of this contract, and in the event the Customer defaults on any payments or fails to comply with any of the conditions or terms of this contract, or a proceeding in bankruptcy, receivership or insolvency be instituted by or against the Customer or his property or the Seller deems the property in danger of misuse, confiscation or destruction, then the Seller may at its option and without notice or demand, declare the obligation of Customer immediately due and payable; and the Seller may exercise from time to time any rights and remedies of a Secured Party under the Uniform Commercial Code or any other applicable law. Customer agrees that in the event of default to make the property available to Seller at a place acceptable to the Seller. Customer agrees that in the event litigation is instituted to collect the amount due under this order that he shall pay the amount due and with legal interest and cost, including attorney fees.
THIS ORDER CONSTITUTES THE ENTIRE CONTRACT BETWEEN THE SELLER AND CUSTOMER, AND CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE, AGENT, OR SALESMAN OR SELLER, OR ANY PERSON OTHER THAN AN OFFICE OF THE COMPANY HAS POWER OR AUTHORITY TO ADD TO OR VARY THE TERMS AND CONDITIONS HEREOF, SUCH CHANGES, IF ANY, MUST BE IN WRITING, SIGNED BY ALL PARTIES.
