The undersigned (Customer), in consideration of Alamo Roadway Materials, LLC (“ARM”) extending commercial credit based upon the information furnished, warrants and agrees: Payment is due thirty (30) days after date of invoice. Invoices not paid when due shall have a finance charge of 1.5% per month, eighteen percent (18%) per annum assessed, until paid in full. Any disputed invoice must be brought to the attention of ARM in writing and sent by certified mail within fifteen (15) days of receipt of the invoice or the invoice shall be deemed as correct and undisputed. If collection of the amounts due requires the assistance of a collection agency or attorney, the Customer shall pay all costs and collection expenses, including all attorney’s fees. This Agreement shall be governed by and construed solely in accordance with the laws of the State of Texas. THIS AGREEMENT SHALL BE PERFORMABLE IN BEXAR COUNTY, TEXAS, AND EXCLUSIVE VENUE FOR ANY LEGAL ACTION SHALL LIE IN BEXAR COUNTY, TEXAS. The undersigned warrants they are authorized to execute this Agreement, they are authorizing ARM to make whatever credit inquiries it deems necessary in connection with this Agreement. Bank and trade references can accept this authorization to disclose to ARM their credit history. This document shall be governed by and construed according to the laws of the State of TEXAS, USA. Customer agrees that each individual sale shall be subject to this Application for Business Credit, the terms and conditions set forth in ARM’ Quotation, including the General Terms and Conditions which form a part thereof, and, if applicable, any terms and conditions relating to the delivery or shipment of construction materials. ARM’ terms shall always govern and take precedence.
General Indemnity. Customer, at its expense, shall indemnify ARM and save ARM harmless from any and all liability, demands, causes of action or claims, including the cost of defending the same, for bodily injury to any person or damage to property, either real or personal, of any person whomsoever in any way arising out of the use of equipment, or in connection with the equipment purchased or services rendered hereunder or the operations of the Customer in carrying out the provisions and terms of this Agreement.
Force Majeure. ARM shall not be liable for any delay or failure to deliver any or all of the goods covered by this Application for Business Credit in the event of delay or failure caused by governmental regulations, labor disputes, strikes, war, riots, insurrection, civil commotion, mobilization, explosion, fire, flood, accident, storm, epidemic, pandemic or any act of God.
Shipping. All orders are F.O.B. ARM, LLC’s office.
Warranty: THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, RELATED IN ANY WAY OR MANNER TO THIS AGREEMENT. ATS DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER AGREES THAT ALL “EQUIPMENT” AND/OR “SERVICES” ARE “AS IS.” CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH SAME AND RELEASES ATS FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE “EQUIPMENT” AND/OR “SERVICES,” AND/OR “ARM OPERATION”. Customer shall not use the materials, equipment, supplies, goods, and other items in a negligent, reckless, illegal, unauthorized or abusive manner nor allow the operation of the Equipment for an illegal purpose or by any unauthorized individual. Customer acknowledges ARM is not responsible for training.
All NON-STOCK items purchased shall be considered as final sale and not subject for return. Any stock items purchased by customer must be approved for return within (30) days from purchase date and shall be subject to a 25% restocking fee.
Customer’s signature, and/or receipt of the Equipment and/or Services shall constitute acceptance and agreement by the Customer to all provisions, terms and conditions of this Agreement. Acceptance and agreement hereto by ARM is conditioned upon Customer’s consent to the terms and conditions set forth herein.
Customer agrees that each individual sale shall be subject to this Application for Business Credit regardless if Customer presents alternate terms and conditions. The terms and conditions of ARM’ sales documents shall always govern the rights and obligations of the parties.
