Previous Bankruptcies by Owner'? Invoice Delivery P.O.# Required Credit Account Requested Bank Reference
Credit Reference
Applicants will be notified within 3 weeks.
Conditions
The conditions of this application will apply to all sales which shall intervene between this applicant ("the customer") and EROLED LIGHTING INC. ("EROS LED"). This agreement may not be modified.
The customer authorizes EROLED to verify that the information given in this credit application, including bank information, and to communicate said results in order to establish an authorized line of credit.
The customer named herein will remain responsible for the account and agrees to pay all monies which are due and payable according to the terms provided by EROLED. We agree to pay interest at a rate of [interest rate] per month, per annum on any overdue balance and also understand that release of orders will be withheld on overdue balances. Any change in identification, designation of status, or customer must be specifically communicated to EROLED.
The undersigned/customers representation set out herein is correct and true and the customer certifies that the contents of this credit application are known to be relied upon by EROLED for the purposes of granting credit.
IN ORDER FOR THIS APPLICATION TO BE PROCESSED, THE GENERAL TERMS AND CONDITIONS OF SALE MUST BE READ AND THE PERSONAL GUARANTEE SIGNED AND DATED BY THE OWNER(S) OF THE CUSTOMER, OR SUCH OTHER GUARANTOR(S) ACCEPTABLE TO EROS LED. BOTH and 3rd PAGES MUST BE SIGNED BY THE CUSTOMER.
ALL COPIES MUST BE RETURNED TO EROS LED.
GENERAL TERMS AND GUARANTEE OBLIGATIONS,
Guaranteed Obligations
Each Guarantor under the terms of this agreement ("the Guarantor") irrevocably and unconditionally guarantees the due and
punctual payment of all present and future debts and liabilities of the Customer to the Creditor, EROS LED LIGHTING INC. ("EROS LED"),
in respect of all goods and services supplied by EROS LED, The Guarantor understands that payment is not contingent upon payment to
the Customer, from a third party, for the job the merchandise was purchased for, and that prompt payment is to be made regardless
of the Customer's or the Guarantor's agreement with any third parties.
Payment
1) EROS LED shall maintain the right to demand payment in advance for large and/or special orders. The Customer agrees to pay all
shipping and taxes.
2) Interest of 2% per month, 24% per annum will be imposed on overdue amounts. Payments are applied to the interest first.
3) Non-sufflcient funds (NSF) and Stop Payment cheques will be charged per incident-
4) The Guarantor agrees to pay all costs incurred in assuring payment in full to EROS LED, including, but not limited to, interest, legal
and court costs, in the event that Guaranteed Obligations are not met in a timely fashion by the Customer,
5) Invoices are payable on or before the 30th Of the month following purchase
Enforcement of Claim
The Guarantor understands that EROS LED may demand and expect payment of the Customer's account in full. EROS LED shall not be bound
to seek or exhaust resources against the Customer or any other persons or to realize on any securities it may hold in respect of the
Guaranteed Obligations before being entitled to payment form the Guarantor under this agreement and the Guarantor renounces all
benefits of discussion and division. EROS LED retains the right to enforce its claim for liabilities incurred by the Customer by whatever
means it deems necessary in order to meet the Guaranteed Obligations, including but not limited to, construction liens, property
liens, property and personal possessions held by the Customer or the Guarantor, and wage garnishment.
Costs and Expenses
The Guarantor agrees to pay EROS LED, upon demand, all out-of-pocket costs and expenses including, but without limiting the
generality Of the foregoing, legal fees on solicitor and client basis, incurred by or on behalf of EROS LED in connection with enforcing
any of its rights against the Customer in respect of the Guaranteed Obligations or against the Guarantor.
Statement of Account
Any account settled or stated by or between EROS LED and the Customer shall, in absence of manifest error, be accepted by the Guarantor as conclusive evidence that the amount of the Guaranteed Obligations stated is due and payable by the Customer to EROS LED Any disputes over charges to the Customer's account shall be made by the Customer, in writing to EROS LED, within 30 days of the incurred debt.
Liability of the Principal Debtor
All debts, liabilities, and obligations incurred by the Customer and owing to EROS LED shall form part of the Guaranteed Obligations
despite any incapacity, disability, or lack or limitation of status or power of the Customer or any of its directors, officers, or agents,
or that the Customer may not be a legal entity, or any irregularity or defect or informality in the Incurring of such debts, liabilities,
and obligations which may not be recoverable from the Customer, and shall be recoverable from the Guarantor upon demand and
with interest, calculated and payable as provided in this agreement.
Liability Absolute
The liability of the Guarantor shall be absolute and unconditional irrespective of: the invalidity, unenforceability or illegality, in whole or part, of any agreements, instruments or other documents held by EROS LED to create, represent or evidence any Guaranteed Obligation; any defense, counterclaim or right of set-off available to the Customer: any change in the name, objects, capital, documents or by-laws of the Customer: any amalgamation, merger, or re-organization of the Customer or, if a partnership, in the firm, including, without limitation, by reason of death, retirement, or admission of membership of any partners, in which case this agreement shall apply to the corporation or partnership, as the case may be, resulting or continuing therefrom; or any other circumstances which might otherwise constitute, in whole or in part, a defense available to, or a discharge of, the Guarantor, the Customer, or any other persons, firms, or corporations in respect of the Guaranteed Obligations or the liability of the Guarantor.
Dealings with EROS LED
EROS LED may, without giving notice to or obtaining the consent of the Guarantor, grant extensions of time and other indulgences, take
and give up securities, accept compositions, grant releases and discharges, whether full, partial, or conditional, perfect or fail to
perfect any securities, release any undertaking, property or asset charged by any securities to third parties and otherwise deal or fail
to deal with the Customer. EROS LED shall have the continuing right to approve the Customer's credit and may, at any time, alter terms,
suspend or terminate credit should the Guaranteed Obligations not be met by the Customer.
No Rights of Set-Off
All amounts payable by the Guarantor shall be paid without set-off or counterclaim and with any deduction or withholding
whatsoever unless and to the extent that the Guarantor shall be prohibited by law from doing so, in which case the Guarantor shall
pay to EROS LED such additional amount necessary to ensure that EROS LED receives the full amount it would have received if no such
deduction or withholding had been made.
Termination of Further Liability
The Guarantor may by written notice to EROS LED, and delivered to the attention Of Accounts Receivable, terminate any further liability
in respect of the Guaranteed Obligations incurred by the Debtor more than ten days (Notice Period) after the receipt of the notice.
The Guarantor shall remain liable for all Guaranteed Obligation incurred prior to the expiration of the Notice Period and for all
Guaranteed Obligations incurred after the expiration of the Notice Period that were prior commitments with EROS LED. Should the
initial Guarantor give notice of termination, a new Guarantor must re-apply for credit in order for the account to remain active.
Successor, Assigns and Governing Laws
This agreement shall enure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the Guarantor and EROS LED and shall be governed by and construed in accordance With the laws of the Province of Ontario, The Guarantor irrevocably submits to the jurisdiction of the courts of the Province of Ontario in any action or proceeding arising out of or relating to this agreement or any related judgment against the Guarantor in any other jurisdiction. This agreement shall not terminate upon the death or incapacity of the Guarantor or upon receipt by EROS LED of any notice in respect thereof and the heirs, legal representatives, successors and assigns of the Guarantor shall continue to be liable until such time as the Guaranteed Obligations have been met.
Waiver of Subrogation Rights
In the event that EROS LED receives any payments on account of the liability of the Guarantor, the Guarantor shall not have, and waives to the extent required, all rights to claim repayment from or against the Customer and any other Guarantors and all rights to be subrogated to any rights Of EROS LED, until the Guaranteed Obligations have been paid in full, In consideration Of EROS LED LIGHTING INC. dealing with the company I unconditionally and irrevocably guarantee payment to EROS LED Of all present and future debts liabilities, now or at any time hereafter, charged to the account, person in the employ, or associated with the Customer. No change in name of the Customer shall affect the personal liability undersigned.
The undersigned acknowledges he or she has read and understood the contents of both this Guarantee and the General
Terms and Conditions and understands that the signing of this Guarantee personally binds the undersigned to the terms
herein.