Commercial Trade Reference

List 3 verifiable references

Bank Reference

Guaranty of Payment of Account

**If the company is a proprietorship or a partnership, the principal owner(s) must sign below. If the company is a corporation that has been incorporated for less than two years, then an officer must sign.

In exchange for the sale of merchandise by The Mayer Electric Supply Company, Inc. ("Mayer") to Credit Applicant, I (we), the undersigned, personally and individually, guarantee without exception to Mayer, payment of all amounts due by Credit Applicant to Mayer. I (We) further agree that from time to time and without your telling me (us), payment of any sums due from the Credit Applicant may be extended or other requests granted, without my (our) being released of liability, and I (We) waive presentment, demand, protest and notice of protest, and agree to pay all costs of collecting of securing amounts owed by Credit Applicant to Mayer, together with a reasonable attorney's fee. If there are two or more of us signing this Guaranty, the liability of each of us is joint and several, and in the event of the termination of this Guaranty as to any one of us, this Guaranty continues in force and effect as to the remaining guarantor(s). I(We) agree that Mayer may enforce the terms of this Guaranty without first bringing suit against the Credit Applicant or exhausting any other remedies which Mayer may have. I (We) have the right to give notice of my (our) termination of this Guaranty at any time; but, in this event, I (we) shall be and remain obligated with respect to all indebtedness of the Credit Applicant to Mayer, existing at the time of the receipt of such notice by Mayer. I (We) agree not to pursue Credit Applicant or accept payment from Credit Applicant for repayment of any amounts that I (we) have to pay Mayer under terms of this Guaranty.

1. "All prices are F.O.B. shipping point unless otherwise specified. The prices quoted herein are subject to addition for federal, state or local taxes."

2. "Claims for shortages, losses, and apparant or concealed damages sustained in transit, shall be made by the buyer with the carrier."

3. Shipping dates are approximate and are dependent upon prompt receipt of all necessary information by Mayer. Mayer shall not be liable for "late delivery due to fire, strike, civil or military authority, insurrection or riot, unavailability of material or parts and for other causes beyond" its reasonable control and Mayer shall not be liable for incidental or consequential damages arising from late delivery.
4. "All equipment and supplies shall be installed by and at the expense of the Purchaser unless otherwise stipulated in writing. Mayer may furnish," "at its option, engineers to supervise installation of the equipment. The expenses shall be born by the Purchaser. Purchaser accepts responsibility" "for all loss occurring during the erection of the equipment by events including, but not limited to, fire and disaster."
5. The parties hereto acknowledge and agree that the Purchaser will pay the entire purchase price according to Mayer terms of sale (10th PROX NET11). "In the event the Purchaser defaults, Mayer may charge and collect a late charge of 1 1/2% per month of the unpaid contract price. Mayer shall" also be entitled to all costs of collection including court costs and attorneys fees in the event of the default by the Purchaser.
6. "No terms or conditions or purchase orders and/or contracts different from the terms of Mayer will become a part of any sales agreement, purchase order," or other document(s) unless specifically approved in a separate writing by Mayer.
7. The Purchaser agrees to provide Mayer upon request a statement representing that the Purchaser is and remains solvent.

8. "Mayer makes NO WARRANTIES OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or other warranties of quality," "WHETHER EXPRESS OR IMPLIED. Any warranty extended to the Purchaser is that of the manufacturer, and NOT of Mayer."

9. Warranty period and any other condition of sales shall be that as published in manufacturer(s) standard conditions of sale at the time of shipment.

10. "Mayer shall not under any circumstances be liable for special or consequential damages, such as, but not limited to, damages or loss of other property" "or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods or claims of customers of Purchaser for service" interruptions. Any remedy of Purchaser shall be with respect to any warranty extended by the Manufacturer. The remedy of the Purchaser set forth "herein is exclusive, and the liability of Mayer with respect to any contract, or anything done in connection therewith such as the performance or breach" "breach thereof, or from the sale, delivery, resale, installation or use of any goods sold, whether arising out of any contract, negligence, strict tort, or" "under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based."

11. "It is expressly understood that the title to property shall not pass to the Purchaser but shall remain vested in and be the property of Mayer, or its assigns," " until the payment of the purchase price and late charge, and the performance of all the conditions and stipulations of the Application have been met." No agreement for any extension of time or postponement of any payment shall be valid unless in writing signed by an officer of Mayer. It is expressly "agreed that the property shall be and remain strictly personal property and retain its character as such, no matter in what manner it may be affixed or" attached to any building or structure.
12. "For the purpose of enforcing Mayers rights, the Purchaser authorizes Mayer to enter on the premises, with or without notice, and remove the property," "and hereby waives any action, or rights of action, arising out of such entry and repossession."
13. "The applicant hereby waives any and all privileges and rights that he may have under Chapter 47, Florida Statutes, relating to venue, as it now exists or" "may hereafter be amended and further agrees that any action brought against this account may be brought in the appropriate court in Hillsborough County," Florida.
14. "When this document is confirming the purchaser's verbal acceptance, exceptions must be communicated to Mayer within 10 days or the Quote is accepted " by the purchaser.
15. "Mayer and Purchaser agree that the location of the branch receiving any purchase order, shall be a proper place of venue."
16. "If your application for business credit is denied or other actions taken, you will have the right to a written statement of the specific reasons for denial. To" "obtain this statement, please contact applicable Mayer Electric credit location within 60 days from the date you are notified of our decision. We will send" you a written statement of reasons for the denial within 30 days of receiving your request. "NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against 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 this law concerning this creditor is Federal Trade Commission, Equal Credit Opportunity, Washington, DC" 20580

17. "Mayer and Purchaser agree that Mayer may assign all its right, title and interest in the account created hereby including without limitation, its collection " "remedies; and, Purchaser shall attorn to such assignee."

18. "THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT BE ALTERED EXCEPT IN WRITING" SIGNED BY AN OFFICER OF MAYER AND THE PURCHASER AND SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE STATE IN WHICH MAYER IS LOCATED.

19. Returned Goods Policy

    1. Returns on special non-stock items must have a factory approval before returning.
    2. Mayer will issue full credit for merchandise returned that meets the following conditions:
       1. Merchandise being returned must be within 60 days of invoice date.
       2. All items returned must be stock material and of reasonable quantity.
       3. All merchandise must be accompanied by documentation providing Mayer with the following information: invoice number and date, product identification" " number, quantity of items being returned and reason for return."
       4. Merchandise must be in resalable condition as determined by a Mayer representative. "If all of the above requirements are met, the customer will not be liable for any restocking charge. If proper documentation as outlined on ""iii"" above is not " "provided, then a restock (handling) charge may be charged to cover our additional expenses incurred in researching proof of purchase. STOCK MATERIALS" "RETURNED WITHIN 60-120 DAY, 25% RESTOCKING CHARGE, 120 DAYS AND OVER - NO RETURNS. RETURNS OF NON- STOCK MATERIAL," SPECIAL ORDER PRODUCTS AND RETURNS OF LARGE QUANTITIES OF MERCHANDISE REQUIRE ARRANGEMENTS BE MADE WITH OUR "VENDORS. Therefore, we cannot authorize these products to be returned to Mayer until such returns have been approved by the manufacturer or its" representatives in writing to Mayer. MATERIAL WILL ONLY BE ACCEPTED by our drivers if pick up has been previously authorized by the issuing of a "Return Material Authorization."