In consideration of the evaluation of this application for credit and any extension of credit to the named customer (“Applicant”) by DM Trans, LLC dba Arrive Logistics (“Arrive”), Applicant herein agrees and acknowledges that the following terms and conditions apply:
1. All decisions as to the extension of initial credit or the continuation of credit or the denial of credit are within the sole discretion of Arrive. Credit limit and payment terms requested are contingent upon credit approval from Arrive. Applicant understands that Arrive may cancel credit at any time without notice.
2. All amounts owed to Arrive shall be paid in accordance with the terms and conditions expressed in a written agreement signed between the parties. In the absence of such express terms and conditions, all invoices or amounts owed are due and payable thirty (30) days from the date of invoice.
3. Failure to make timely payment shall result in all charges on the account being deemed past due. Whether or not expressed in any quotation or invoice, all sums past due shall bear an interest charge at the rate of one and one-half percent (1.5%) per month until paid in full, or the maximum rate allowed under applicable law. In addition, Applicant agrees to reimburse and pay Arrive for all expenses, costs, and attorney’s fees incurred or expended by Arrive in enforcing any of its rights hereunder and/or collecting any past due sums, whether or not suit is commenced.
4. Applicant represents and warrants that the information provided herein is true, accurate, current, and complete, and the person executing this application has the authority to bind the company and is authorized to enter into the credit application terms and conditions. Applicant shall immediately notify Arrive of any changes in the information provided.
5. Applicant hereby authorizes Arrive and its agents to obtain credit reports, bank or other trade references, or other financial information from any financial institution, credit reporting organization, reference, supplier, or governmental authority, and hereby directs and authorizes all such sources to provide such information and answer such inquiry with the requested information concerning Applicant. For the purposes of any applicable statute pertaining to the privacy of information, this clause shall constitute full and sufficient consent for the collection, use and disclosure of information, as required for a credit investigation.
6. Applicant agrees to be fully responsible for payment of any charges incurred by any subsidiary, associated, or affiliated companies named by Applicant and hereby guarantees payment thereof.
7. Applicant shall be absolutely and unconditionally responsible for payment to Arrive of all freight and other charges whether or not funds for charges have been advanced by Applicant to third party agents. If Applicant provides funds to an agent to pay freight or other charges due to Arrive, it does so at its own risk, and in the event such agent fails to pay Arrive, Applicant shall remain absolutely and unconditionally liable to Arrive for the payment of such freight and other charges. In no event shall any demand by Arrive upon such agent for payment constitute a waiver or estoppel of Arrive’s right to enforce Applicant’s undertaking herein.