The undersigned ("Customer") hereby makes this application for credit to R.E. Michel Company, its successors, assigns, affiliated companies, divisions or subsidiaries ("Creditor"), and, in making this application, Customer agrees to be bound by all of the terms and conditions contained in this Credit Application, any documents referenced in this Credit Application or any supplements. Customer agrees to pay for all purchases of goods and/or services according to the terms of Creditor. No terms or conditions different from the terms and conditions of Creditor will become part of any sales agreement, contract, purchase order or any other document, unless specifically approved, in writing, by Creditor. The undersigned agrees that all amounts payable on or before the due date, as shown on each invoice, will be paid by said due date, and, if not paid on or before said due date, are then deemed to be delinquent. Payments may be applied against open charges in the discretion of Creditor. It is understood that Creditor may impose and charge a service/ finance charge or delinquency charge calculated on the delinquent amount, at the lower of one and one-half percent (1-1/2%) per month (18% APR), or the highest rate allowed by law. Additionally, in the event that any unpaid amount is referred to a third party, including an attorney or a collection agency, Customer agrees to pay collection fees, calculated at the rate of twenty-five percent (25%) of the amount placed, court costs and reasonable or actual attorney fees. All accounts shall be due and payable in Baltimore, MD and the State of Maryland.

Should Creditor grant Customer an open credit availability, all decisions with respect to the extension or continuation of that credit availability will be in the sole discretion of Creditor. Customer agrees that the continued solvency of Customer is a precondition to any sale other than for cash or certified funds made by Creditor. Customer agrees to provide Creditor, upon request, a statement representing that Customer is and remains solvent. Creditor may terminate any credit availability at any time, within its sole discretion. If an application for business credit is denied or there is a denial of a request for an increase in business, Customer has a right to a written statement of the specific reasons for the denial. To obtain this statement, Customer must submit a written request within sixty (60) days from the notification date. Creditor will then send a written statement of the reasons for the denial, within thirty (30) days of receipt.

No item will be accepted for return without prior approval, and all returns are subject to a restocking charge. It is understood that Creditor is a distributor of goods manufactured by others. Creditor extends any and all assignable warranties from the manufacturer of the goods. Creditor makes no warranties beyond those extended by the respective manufacturers and shall not be responsible for incidental or consequential damages. Creditor shall facilitate the warranty process for Customer with the manufacturer of the goods, and Customer shall submit all warranty claims to Creditor for processing and resolution. Seller makes no other express or implied warranty, and the foregoing is exclusive and is in lieu of all other warranties, whether written, oral or implied, including the warranty of merchantability and warranty of fitness for a particular purpose. Customer shall make a careful inspection of the materials at the time of the delivery. Customer's failure to give written notice of any claim within ten (10) days of delivery shall constitute an unqualified acceptance of the materials, and a waiver of all claims with respect thereto. In no event shall Creditor be liable for any damage due to delay of any time, nor consequential, special or punitive damages.

In the event that, from time to time, Creditor may owe Customer credits, refunds or other monies, such indebtedness shall be deemed to be created from this agreement and Creditor shall have the right of offset of such credits or refunds against amounts due Creditor, within its sole discretion.

Customer, and any guarantors, acknowledges that any credit extended by Creditor to Customer is business debt, and that any goods or services sold to Customer will not be for personal, family or household use.

The laws of the State of Maryland shall be applicable to all actions arising under any agreement between the parties to this Agreement. In the event of litigation, unless otherwise determined by Creditor in its sole discretion, personal jurisdiction and venue shall be in the State of Maryland.

The persons signing this application certify that they have the authority to do so, and that all information contained herein, and in any attachment or amendment is true, correct and complete, to the best of their knowledge and belief.

By clicking "SUBMIT" the undersigned acknowledges and agrees that Creditor may utilize outside reporting services to obtain information on the undersigned. In the event that the undersigned is/are individual(s), the signing of this agreement shall constitute authorization to Creditor to utilize consumer credit reporting agencies to provide reports on said individual(s) in order to permit Creditor to appropriately evaluate the extension of any business credit. Additionally, should any individual(s) guarantee the debt of the undersigned, said individual(s) shall be provided with a copy of this Credit Application, and upon the signing of said guaranty, shall consent to Creditor's use of consumer credit reporting agencies' reports to assist in the evaluation of the credit of said guarantor(s).