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.
TRANSACTIONS
COSTS
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.
TRANSFERABILITY
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.
GOVERNING
LAW
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.