Credit Terms and Conditions

TERMS AND CONDITIONS

All sales are subject to the terms and conditions outlined in this Credit Application and Account Agreement (“Agreement”). “Seller” means Focus Custom Sourcing Solutions and its successors in interest, affiliated companies, subsidiaries, and/or assigns with whom you may do business now and/or in the future. “Customer” means the entity(s) or person(s) requesting to purchase goods or services from Seller on credit. Customer acknowledges it has read these terms and conditions and agrees to be bound thereby.

The terms and conditions are as follows:

CREDIT TERMS: Customer shall be liable for and agrees to promptly pay when due all charges set forth in the applicable Seller invoice. All invoices are due to Focus Custom Sourcing Solutions. A service charge of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less, may be assessed on overdue balances. In the event Customer is in default of its obligations under this Agreement, Seller may, in its sole discretion, suspend Customer’s credit privileges without prior notice.

COLLECTION COSTS AND ATTORNEY’S FEES: If this account is turned over to an agency and/or an attorney for collection, Customer agrees to pay all reasonable attorney’s fees, court costs and/or costs of collection whether suit is filed.

APPLICABLE LAW & VENUE: This Agreement shall be governed by the laws of the state of MASSACHUSETTS, without regard to any conflict of laws principals. Customer consents to the jurisdiction of the courts of the state of MA, in connection with any action or proceeding arising from or related to this Agreement. The venue for all suits, counterclaims, causes of action and/or legal proceedings shall be instituted in any court of competent jurisdiction in MA, or any other county in MA, at Seller’s discretion.

LIMITATION OF LIABILITY: SELLER WILL NOT UNDER ANY CIRCUMSTANCE BE LAIBLE FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF CUSTOMER FOR ANY TRANSACTION ARISING FROM OR RELATED TO THIS AGREEMENT. THE MAXIMUM LIABILITY IN DAMAGES RECOVERABLE AGAINST SELLER SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY SELLER FOR THE TRANSACTION THAT FORMS THE BASIS OF CUSTOMER’S COMPLAINT.

CREDIT INVESITGATION: The Customer authorizes Seller, its agents and affiliates, to conduct any credit investigations it deems appropriate, including but not limited to obtaining financial statements, credit reports, or other credit information, and authorizes the release to Seller of any information, financial, personal or otherwise, as required for the purposes of the credit investigations, from any financial institution, credit reporting organization, reference, supplier, governmental authority, or any institution providing credit information that the Customer deals with. The Customer hereby directs any such financial institution, credit reporting organization, reference, supplier, governmental authority, or any institution providing credit information to provide all information requested to Seller in relation to the Customer. For the purposes of any applicable statute pertaining to the privacy of information this clause shall constitute full and sufficient consent for the collection, use and disclosure of information, as required for a credit investigation.

CERTIFICATE OF USE: Customer certifies that this request is for the extension of credit for business purposes only and not for the extension of credit for personal, family or household purposes.

ENTIRE AGREEMENT: Customer agrees that the terms of credit as set forth herein shall constitute the entire agreement between Customer and Seller and that all sales/and or transactions between Customer and Seller shall be governed solely by these terms and conditions. These terms and conditions may not be modified except by prior written consent of Seller. The seller reserves the right to change any of the terms of this agreement 30 days’ advance notice.

NOTICE: The Federal Equal Credit Opportunity Act (ECOA) 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 law concerning this creditor is the Federal Trade Commission, Division of Credit Practices, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

ACCURATE INFORMATION/AUTHORITY: The undersigned certifies that all the information in this Agreement is complete, factual, correct, and understands that Seller will rely on the accuracy of this information in determining whether any credit may be extended. By signing below, the undersigned agrees to the terms and conditions stated herein and represents that he/she is authorized by the Customer to execute this legally binding Agreement.