I/we, or either of us request a credit account with Texas Specialty Fasteners, L.P. “Terms” are “discount” allowed as stated on invoices if paid by the 10th day from shipping date on invoice, net 30 from date on invoice, past due thereafter. All payments under the terms of each invoice are due and payable at 1310 Century Way, Wylie, Collin County, Texas. It is further agreed that each past due account shall bear interest at 1.5% per month, 18% per annum or maximum amount allowed by law, and if this contract is placed in the hands of an attorney, the undersigned further agrees to pay all expenses, including court costs, legal and administrative expenses, and attorney’s fees paid or incurred by Texas Specialty Fasteners in endeavoring to collect the sums due and owing by the company, and that the venue shall be Collin County, Texas. IT IS FURTHER UNDERSTOOD THAT IN THE EVENT SELLER DEEMS HIMSELF INSECURE OR OF THE MATERIAL AND ACCERLERATE ALL BALANCES TO BE PAID IMMEDIATELY. IN THE EVENT INVOICES ARE NOT PAID AS AGREED BUYER AGREES THAT THE SELLER SHALL HAVE THE RIGHT OF REPOSSESSION OF ANY MATERIAL SOLD BY SELLER LOCATED ON JOB SITE (S) OR IN WAREHOUSE OF BUYER. Buyer further agrees to give Texas Specialty Fasteners notice by certified mail requested, 30 days prior to change in ownership or incorporation.
TEXAS SPECIALTY FASTENERS SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE FOR DAMAGE OR LOSS OF THER PROPERTY OR EQUIPMENT, LOSS OF PROFITS, OR REVENUE, LOSS OF USE OF EQUIPMENT OR FACILITY, COST OF CAPITAL, CLAIMS OF CUSTOMERS PURCHASER, OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER. The remedies of purchasers set forth herein are exclusive and the liability of Texas specialty Fasteners with respect to any contract, or anything done in connection herewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, or use of any product covered or furnished under the contract whether in contract, in tort (including negligence and strict liability) or otherwise shall not exceed the price of the product on which such liability is based. The undersigned agrees that the information furnished on this credit application is true and correct and hereby authorize Texas Specialty Fasteners to investigate all information given and hold free from liability all creditors and other persons who may respond to inquiries on this application or furnished by credit reporting agencies. The undersigned agrees to and acknowledges acceptance of the terms and conditions contained herein and as stated on each invoice.