Credit Application

COMMERCIAL CREDIT APPLICATION MAC CLIMBER INC

 

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Please complete this Application (“Application”) to establish an account with MAC Climber (“CREDITOR”). This Application will also apply to any of CREDITOR’S successors in interest, affiliated companies, subsidiaries, and/or assigns with whom you may do business with in the future. All information below must be completed by the owner of the company, including the Open Account Credit Agreement, and the Personal Guaranty. All documents must be completely filled and signed before this Application is reviewed. CREDITOR will rely on the information provided to determine approval and type of account.

  • NOTE: ALL PURCHASES ARE SUBJECT TO SALES TAX. IF YOUR COMPANY IS EXEMPT, A COPY OF YOUR TAX EXEMPTION CERTIFICATE MUST BE ATTACHED TO YOUR APPLICATION.

  • COMMERCIAL SUPPLIER REFERENCES

    (minimum of three)
  • DO Not Fill Below Terms Approved (Only for MAC use)

  • Authorization: The undersigned authorizes release of all banking and credit information, both business and/or personal requested by MAC Climber, Inc. This form may be reproduced or photocopied and a faxed copy shall be as effective consent as the original, which I have agreed and signed.

  • OPEN ACCOUNT CREDIT AGREEMENT MAC CLIMBER INC. AND AFFILIATED COMPANIES

  • IN CONSIDERATION for the establishment of an open credit account with MAC Climber,Inc. including any successors in interest, affiliated companies,

  • , agrees to the following:

    1. Payment in full must be received by CREDITOR on or before the due date and at the address as stated on the statement or invoice.
    2. BUYER agrees that this Open Account Credit Agreement (AGREEMENT) shall be deemed to have been made in the United States in the State of Puerto Rico and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Puerto Rico, without reference to principles of conflicts of laws thereof. To the fullest extent permitted by law, BUYER consents to submit to the jurisdiction of the courts of or for the State of Puerto Rico in connection with any action or proceeding arising from or related to this AGREEMENT. The venue for all suits, counterclaims, causes of actions and/or legal proceedings arising from or related to this AGREEMENT shall be instituted and maintained, at CREDITOR'S discretion, in any court of competent jurisdiction in the State of Puerto Rico.
    3. If the account becomes delinquent, BUYER agrees to pay a 1.5% per month late charge on outstanding balances.
    4. In the event that CREDITOR determines it becomes necessary to place the account with an attorney and/or third parties for the collection of any unpaid balances, BUYER agrees to pay all costs of collection, including prejudgment reasonable attorney fees, collection costs, interest, post-judgment attorney fees, interest, collection costs and all costs and fees related to any appellate proceedings if applicable.
    5. This AGREEMENT shall be binding upon and inure to the benefit of CREDITOR or BUYER their successors, assigns, and personal representatives, provided that the BUYER shall not assign or delegate its rights and obligations herein without the prior written approval of CREDITOR. CREDITOR may assign, transfer or delegate its rights under this AGREEMENT, to any party, at any time, without notice to BUYER.
    6. To secure all payments of open account between CREDITOR and the BUYER, both on balances now existing or balances hereafter incurred, BUYER hereby grants to CREDITOR a security interest in all inventory, equipment, accounts, furniture, fixtures, equipment, accounts receivable, Bank and/or depository accounts, and all other assets, whether any of the forgoing is now owned or hereafter acquired. All records of any of the foregoing; all proceeds relating to the foregoing (including insurance, general intangibles and any other account proceeds).
    7. BUYER hereby appoints CREDITOR and/or its agents as BUYER's Attorney-in-fact to execute on BUYER'S behalf any Financing Statement or other documents required by CREDITOR to perfect or enforce its security interests.
    8. CREDITOR and BUYER hereby knowingly, voluntarily, and intentionally waive any right to trial by Jury in any Suit, Action, Proceeding, or Counterclaim concerning any rights under this AGREEMENT, any related document or under any other document or agreement delivered or which may in the future be delivered in connection with or arising from any relationship, existing in connection with this AGREEMENT, and agree that any such Suit, Action, Proceeding or Counterclaim shall be tried before a Judge and not before a Jury. This provision is a material inducement for CREDITOR to enter into this AGREEMENT.
    9. CREDITOR may require, as part of the approval process in determining whether or not to extend credit to BUYER, up to three years of financial statements and/or tax returns to substantiate the financial ability of BUYER to repay obligations incurred during the course of business with CREDITOR. Failure to provide such documentation within 15 days of receiving the request may result in denial of future credit privileges and/or reduction in credit granted. Any amounts owed that exceed the revised credit limit as a result of this action may become due and payable immediately upon written notification of the revised credit limit.
    10. The individuals, or BUYER applying for credit, and the Proprietors, Partners, Principals, and/or Officers of the BUYER authorize CREDITOR to verify the credit references, and to obtain, and as needed from time to time to obtain, consumer credit reports on each of the Proprietors, Partners, Principals, and/or Officers named herein in order to evaluate or to re-evaluate whether to extend or continue to extend credit to the Individuals and/or BUYER applying for and Open Account.
    11. BUYER acknowledges receipt of the following notice:
      Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of race, color, religion, national origin, age, sex, or marital status, the fact that all or part of the applicant's income is derived from a public assistance program, or the fact that the applicant has in good faith exercised any right under the consumer protection act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Pennsylvania and 6th Street, N.W., Washington, DC 20580.
  • The undersigned agrees to the above-mentioned terms and conditions and acknowledges receipt of a copy of this application.

  • (SIGNER'S NAME) and I agree to be legally bound by this digital signature.
  • PERSONAL GUARANTEE

  • (name of owner, the "Guarantor")
  • (City)
  • (State) for and in consideration of MAC Climber Inc, the ("Creditor") extending credit at
  • (name of Corporation, hereafter the "Customer"),
  • Hereby personally guarantee the payment to CREDITOR with the corporate office in the state of Puerto Rico of any obligation of Customer, and I hereby agree to bind myself to pay CREDITOR on demand any sum which may become due to CREDITOR by Customer, whenever Customer fails to pay the same. I, the Guarantor, further hereby subordinate any indebtedness of Customer, which it may have to me to the indebtedness of Customer owed to CREDITOR. As guarantor I agree to so pay and perform in accordance with the terms of the indebtedness and other contracts between Customer and CREDITOR, without requiring CREDITOR to exercise, purse of enforce any right or remedy CREDITOR has against Customer, any co-guarantor (whether hereunder or under a separate instrument) or any other party. I, the Guarantor, hereby consents that from time to time CREDITOR may, without notice to Guarantor and without affecting any liability of Guarantor, ( a ) exchange, release, sell (by foreclosure or otherwise), consent to the transfer of, apply or otherwise deal with any Collateral for repayment of the indebtedness at the election of CREDITOR ( b ) refinance extend, renew or accelerate the indebtedness or other obligations in whole or in part, ( c ) waive or fail to enforce any of its rights under any Instruments evidencing, relating to or securing the indebtedness, or other obligations or ( d ) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate, in any manner, any of the indebtedness or other obligations, or any indebtedness of any co-guarantor (whether hereunder or under a separate instrument) or any other party Guarantor acknowledges that all payments due hereunder are required to be made to CREDITOR at CREDITOR's above stated address in San Juan, Puerto Rico, and Guarantor further acknowledges that an appropriate forum for litigation with respect to the enforcement of this Personal Guaranty shall be in a court of competent jurisdiction in San Juan, Puerto Rico. Notwithstanding the place of residence of Guarantor or the place of execution of this Personal Guaranty, the laws of the State of Puerto Rico shall control the construction, interpretation and enforcement of this Personal Guaranty and all matters related to this Personal Guaranty, without application or reference to conflict or reference to conflict of law’s provisions. I understood that this Personal Guaranty is a general, continuing, absolute, unconditional and irrevocable guarantee and indemnity for such indebtedness of Customer, and is enforceable by CREDITOR, its successors and assigns, and is binding upon Guarantor and Guarantor's heirs and assigns and shall inure to the benefit of CREDITOR's successors and assigns. Guarantor hereby waives notice of default, non-payment and notice hereof and consent to any modification or renewal of the indebtedness hereby guaranteed. All of CREDITOR's rights and remedies hereunder are cumulative and not alternative. It is understood by Guarantor that any defaults, failure to pay when due or credit experience on the part of Guarantor may be reported by CREDITOR to a consumer credit reporting agency. The undersigned Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of the Personal Guaranty, hereby consents to and authorizes the use of a consumer credit report on the undersigned Guarantor, by CREDITOR as a business credit grantor, from time to time as may be needed, in the credit evaluation process. IN CONSIDERATION OF the Creditor extending future credit from time to time to the Debtor Customer, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Guarantor, jointly and personally guarantees with the Customer the prompt, full and complete performance of any and all present and future duties, obligations and indebtedness (the “Debt”) due to the Creditor by the Debtor, under the terms of certain debt agreements (the “Agreement") and under the following terms and conditions:

    1. The Guarantor guarantees that the Debtor will promptly pay the full amount of principal and interest of the Debt as and when the same will in any manner be or become due, either according to the terms and conditions provided by the Agreement or upon acceleration of the payment under the Agreement by reason of a default.
    2. The Guarantor agrees not to pledge, hypothecate, mortgage, sell or otherwise transfer any of the Guarantors assets without the prior written consent of the Creditor.
    3. To the extent permitted by law, the Guarantor waives all defenses, counterclaims or offsets that are legally available to the Guarantor with respect to the payment of the Debt of the Debtor.
    4. The Creditor is hereby authorized at any time, in its sole discretion and without notice, to take, change, release or in any way deal with any security securing the Debt without in any way impairing the obligation of the Guarantor.
    5. The Creditor will be under no obligation to collect or to protect any such security or the Debt, and its neglect or failure to collect or protect the security or the Debt is excused. Acceptance of the Guarantee is waived.
    6. The Creditor may grant extensions of time or other indulgences and otherwise deal with the Debtor and with other parties and securities as the Creditor may see fit without in any way limiting or lessening the ability of the Guarantor under this Agreement.
    7. Any impairment of the security, which the Creditor may from time to time hold as security for the Debt, will in no way operate to discharge the Guarantor in whole or in part, it being specifically agreed that the Creditor is not required to exercise diligence to enforce its rights against the Debtor.
    8. The Creditor may release, surrender, exchange, modify. impair or extend the periods of duration or the time for performance or payment of any collateral securing the obligations of the Debtor to the Creditor, and may also settle or compromise any claim of the Creditor against the Debtor or against any other person or corporation whose obligation is held by the Creditor as collateral security for any obligation of the Debtor or the Creditor.
    9. This Guarantee is for the use and benefit of the Creditor, and will also be for the use and benefit of any subsequent Creditor to whom the Creditor may assign this Guarantee.
    10. The liability of the Guarantor will continue until payment is made of every obligation of the Debtor now or later incurred in connection with the Debt and until payment is made of any loss or damage incurred by the Creditor with respect to any matter covered by this Guarantee or any of the Agreement.
    11. The Guarantor further waives all rights, by statute or otherwise, to require the Creditor to institute suit against the Debtor, and to exercise diligence in enforcing this Guarantee or any other instrument.
    12. All present and future indebtedness of the Debtor to the Guarantor is hereby assigned to the Creditor. All monies received by the Guarantor from the Debtor will be received in trust for the Creditor and upon receipt are to be paid over to the Creditor until such time as the Debt owed by the Debtor has been fully paid and satisfied.
    13. The Guarantor represents that at the time of the execution and delivery of this Guarantee nothing exists to impair the effectiveness of the Guarantee.
    14. All of the Creditor's rights, powers and remedies available under this Guarantee and under any other agreement in force now or anytime later between the Creditor and the Guarantor will be cumulative and not alternative, and will be in addition to all rights, powers and remedies given to the Creditor by law or in equity.
    15. The Creditor may, at its option, proceed in the first instance against the Guarantor to collect the obligations covered by this Guarantee without first proceeding against any other person, firm or corporation and without resorting to any property held by the Creditor as collateral security.
    16. All undertakings, covenants, promises and waivers in this Guarantee are joint and several. All pronouns will include masculine, feminine and/or neuter gender, single or plural number, as the context of this Guarantee may require.
    17. This Guarantee is made pursuant to the laws of the State of Puerto Rico. In the event that this Guarantee must be enforced by the Creditor, all reasonable costs and expenses, including attorney’s fees, incurred by the Creditor will be paid by the Guarantor.
    18. The invalidity or unenforceability of any one or more phrases, sentences, clauses or sections in this Guarantee will not affect the validity or enforceability of the remaining portions of this Guarantee or any part of this Guarantee.
    19. No alteration or waiver of this Guarantee or of any of its terms, provisions or conditions will be binding upon the Creditor unless made in writing over the signature of the Creditor or its authorized representative.
    20. Words of “Guarantee" contained in this Guarantee in no way diminish or impair the absolute ability created in this Guarantee.
    21. Any notice to be given to the Guarantor may be sent by mail, telephone, fax, and email or otherwise delivered to the address provided below.
  • (SIGNER'S NAME) and I agree to be legally bound by this digital signature.
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