The undersigned(s), in an individual capacity, and on behalf of the Applicant, warrants that the foregoing information provided is current and accurate authorizes SJD GOLD & DIAMONDS (SJD) to check credit, employment history, bank and trade references, and grants permission to SJD to ask questions about others credit experience with the undersigned and Applicant. By signing this application, the undersigned(s) represents that he/she/they have the authority to act on behalf of the Applicant, and agrees to be personally liable to SJD for the unpaid depts of the Applicant. All past due amounts accrue interest at the rate of 1.5% per month or the maximum interest rate permitted by law both prejudgment and post judgment. The undersigned, in an individual capacity and on behalf of the Applicant, further agrees to pay all costs, NSF returned check fees, court costs, and attorney's fees in collection any past due amounts whether suit is filed or not. This instrument is intended to be a security agreement and a financing statement pursuant to the uniform commercial code. The amount of indebtedness secured by this security agreement shall be the amount due or to become due under invoices issued by SJD for goods delivered to applicant. The undersigned hereby grants SJD a security interest in all of Applicant's inventory, accounts receivable, fixtures furniture and ail equipment ("collateral"), together with all proceeds of such collateral. Any reproduction of this document shall be sufficient as a financing statement. The undersigned, on behalf of the Applicant, grants SJD a security interest in the collateral to secure Applicant's performance of all obligations owed by debtor to SJD and grants SJD an irrevocable power of attorney to execute and file a financing statement evidencing SJD's security interest. The undersigned acknowledges that if a delivery is signed for, by whatever method, constitutes acceptance of the invoice terns. The undersigned agrees, individually and on behalf of the Applicant, that venue and jurisdiction of any lawsuit, both in-person and in-rem, shall be in Houston, Harris County, Texas, USA. Merchandise may not be retumed after ten (10) days without SJD's written authorization. The undersigned, individually and on behalf of the Applicant, agrees to a re-stocking charge equal to 25% of the invoice purchase price on any merchandise returned after thirty (30) days from date of purchase. Retum of merchandise revokes any discount on retained merchandise.
Further, the undersigned(s), in an individual capacity and on behalf of the Applicant, agrees that upon receipt by SJD of an electronic image, digital image, or photograph of a check ("Check") forwarded for payment of an Invoice pursuant to the Account Application and this Credit Agreement, SJD is irrevocably authorized to initiate on the date of the Check, or thereafter, an Automated Clearing House ("ACH") debit transfer for the amount of the Check from the bank and account which the Check was written, to be paid directly to SJD. It is agreed that for so long as the payment for which the Check was submitted remains outstanding. SJD's authority to initiate an ACH debit transaction as contemplated in this paragraph remains in full force and effect and shall not be revoked. Additionally, the undersigned, in an individual capacity and on behalf of the Applicant, agrees that the bank account on which the check was written will not be changed, modified, or closed, or otherwise affected, while payment is outstanding, and that the account on which the Check was written has sufficient funds at all times to make payment contemplated by the Check. Further, you, individually, and Applicant, shall be responsible for all costs, expenses, or other fees and charges incurred by SJD as a result of any failed or returned ACH debit transfer, not caused by SJD, whether resulting from insufficient funds in the account, or otherwise. The undersigned, individually and on behalf of Applicant, acknowledges that this paragraph does not affect any other terms of this Account Application, and any breach of any representation, warranty, or agreement contained in this paragraph is material and may be considered a breach of the Account Application.
The undersigned further represents that the undersigned is not now in the US Military and will notify SJD, in writing, if such status changes. All reference to gender is to be construed as neutral. The undersigned agrees to notify SJD GOLD & DIAMONDS of any change in name, corporate, form or any material business change of the Applicant.
Please provide copies of the following items:
APPLICATION WILL NOT BE PROCESSED UNLESS COMPLETED IN FULL, SIGNED AND DATED.
