AGREEMENT TO PAY
Customer agrees to honor all credit card charges for product purchased from Dawn Food Products, Inc. Should the credit card be declined, Dawn Food Products, Inc. may demand payment prior to any further shipments.
PAYMENT OF OBLIGATIONS
Customer agrees to pay to Dawn Food Products, Inc. at such place designated by Dawn Food Products, Inc obligations evidencing credit extended by Dawn Food Products, Inc. in accordance with the applicable payment, finance and service charge schedule in effect from time to time.
WARRANTIES AND REPRESENTATIONS
Customer warrants and represents that the signature on the claim slip will be genuine and authorized by cardholder and not forged or unauthorized.
Customer agrees to bear the cost of each credit card transaction, including any and all fees charged to Dawn Food Products, Inc. as a result of accepting the particular credit card brand used by Customer. Customer is not entitled to a discount payment term for payments by credit card.
This agreement is not transferable by Customer without Dawn Food Products, Inc.’s prior written consent. Any attempt by Customer to assign the Agreement in violation of this paragraph shall be void.
FAILURE OF CUSTOMER TO FULFILL OBLIGATIONS
Should Customer fail to fulfill any of the obligations under this agreement, Dawn Food Products, Inc. may declare the entire outstanding balance, whether or not already past due, immediately due and payable, and may proceed to enforce the full payment of such balance, including finance and service charges at the rate of eighteen percent per annum. In the event of suit to collect such payment balance, Customer and those individuals in privity with Customer shall pay all of the Dawn Food Products, Inc. collection costs and fees, including but not limited to reasonable attorneys’ fees, expert witness fees, forensic accountant fees, and court costs.
All credit card commerce between Customer and Dawn Food Products, Inc. shall be governed by and interpreted in accordance with the laws of the State of Michigan without regard to conflict of law provisions thereof, and all actions, disputes, and proceedings arising from, relating to or in connection with credit card commerce between Customer and Dawn Food Products, Inc. shall be subject to the exclusive jurisdiction of the federal district courts for State of Michigan or, in the event the district court lacks subject matter jurisdiction, the State of Michigan state courts located in Jackson County. For the avoidance of doubt, the foregoing is intended to be a mandatory forum selection clause divesting all other courts of jurisdiction to hear any actions, disputes, and proceedings arising from, relating to or in connection with credit card commerce between Customer and Dawn Food Products, Inc..
WAIVER OF STATUE OF LIMITATIONS
Customer expressly waives the defense of the statute of limitations for the period permitted by law.