DPF Discounter is a trade name (DBA) of Fox Truck & Tractor LLC ("Seller")
1. GENERAL TERMS
This Business Credit Account Application and these Credit Terms govern purchases made on credit from DPF Discounter, a DBA of Fox Truck & Tractor LLC. Fox Truck & Tractor LLC is the legal entity extending credit, selling the goods, invoicing the Buyer, and enforcing these terms. References in this application to "DPF Discounter," "Seller," "we," or "us" mean Fox Truck & Tractor LLC d/b/a DPF Discounter. Any modification, addition, cancellation, suspension, or waiver must be accepted by Seller in writing. If a purchase order or other Buyer document contains terms inconsistent with Seller's invoice or these Credit Terms, Seller's terms control unless Seller agrees otherwise in writing.
2. PAYMENT TERMS
Payment is due according to the terms stated on each invoice. Unless otherwise approved in writing, an account granted Net 30 terms must pay each invoice within 30 days of the invoice date. Past-due balances are subject to a late charge of 1.5% per month (18% per year), or the maximum rate permitted by applicable law, whichever is less. Seller may reduce, suspend, or terminate a credit line or require payment in advance at any time based on payment history, creditworthiness, account status, or other business considerations.
3. COLLECTION COSTS
Buyer agrees to pay reasonable costs incurred by Seller to collect past-due amounts, including collection agency fees, court costs, and reasonable attorney's fees, to the extent permitted by law.
4. PRODUCT WARRANTIES; LIMITATION OF LIABILITY
Products sold by Seller may be covered by warranties provided by the applicable manufacturer, remanufacturer, or supplier. Except for any written warranty expressly issued by Seller, Seller disclaims all other warranties to the extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose. Seller's liability for a claim relating to goods sold will not exceed the purchase price paid for the specific goods giving rise to the claim. To the fullest extent permitted by law, Seller will not be liable for indirect, incidental, special, exemplary, or consequential damages, including loss of use, downtime, lost profits, or lost revenue.
5. RETURNS, CORES, FREIGHT & ORDER-SPECIFIC POLICIES
Returns, core charges and core returns, freight charges, restocking fees, warranty procedures, and other product-specific requirements are governed by the written terms shown on the applicable quote, sales order, invoice, website policy, or other written agreement issued by Seller. If those order-specific terms conflict with this Credit Application solely as to the applicable transaction, the more specific written transaction terms will control.
6. CREDIT INVESTIGATION AUTHORIZATION
Applicant certifies that the information provided in this application is true and complete and is supplied for the purpose of obtaining commercial credit. Applicant authorizes Fox Truck & Tractor LLC d/b/a DPF Discounter to contact the references listed in this application, obtain commercial credit reports, and otherwise investigate Applicant's creditworthiness as permitted by law. The signer certifies that he or she is authorized to sign for Applicant.
7. GOVERNING LAW; VENUE
This agreement will be governed by the laws of the State of Ohio, without regard to conflict-of-law rules. Buyer agrees that any action arising from or relating to this credit account or these terms may be brought in a state or federal court having jurisdiction in Stark County, Ohio, and Buyer consents to jurisdiction and venue there. If any provision is held unenforceable, the remaining provisions remain in effect.
8. ELECTRONIC SIGNATURES
Electronic signatures and electronic acknowledgments may be used and will have the same force and effect as an original handwritten signature to the extent permitted by applicable law.
By signing below, Applicant acknowledges that it has read, understands, and agrees to this Business Credit Account Application and Credit Terms & Conditions, and that this agreement applies to current and future credit purchases unless superseded by a later written agreement signed by Seller.
In consideration of Seller extending credit to Applicant, the undersigned Guarantor personally, absolutely, and unconditionally guarantees the prompt payment of all amounts now or later owed by Applicant to Fox Truck & Tractor LLC d/b/a DPF Discounter for goods sold on credit. This is a continuing guarantee and remains effective until all guaranteed obligations incurred before Seller's receipt and acceptance of a written revocation are paid in full. Seller is not required to first pursue Applicant or any collateral before seeking payment from Guarantor. Guarantor agrees to pay reasonable collection costs, court costs, and attorney's fees to the extent permitted by law.
