It is understood that in consideration for extending a credit account the Seller (Ernest Maier, Inc. d/b/a Parker Block, Skyline Brick, Bay Ready Mix of Maryland, and Gomoljak Block) and Customer agree upon the following terms and conditions:
TERMS: All accounts are due and payable thirty (30) days from the date of the invoice.
INTEREST: Any account remaining unpaid sixty (60) days from the date of invoice will be assessed service charges of 1.5% per month (an effective annual rate of 18%). Interest will accrue from the date of invoice.
FEES: In the event of legal action, Customer shall be responsible for paying attorney's fees equal to thirty-three percent (33%) of the outstanding balance, together with all court costs, collection costs, expenses, and any additional attorney's fees incurred by Seller in collecting the indebtedness, to the extent permitted by applicable law.
PAYMENTS: Customer agrees that Seller has the right to determine how to apply payments and which invoices to pay with all payments received on this account.
ACCOUNT STATUS: Seller may suspend or discontinue the sale or supply of materials, revoke or modify credit terms, require payment in advance or additional security, or otherwise limit the extension of credit whenever Seller determines, in its sole discretion, that Customer is in breach of this Agreement, Customer's creditworthiness has materially changed, Customer has failed to timely pay amounts due, or Seller believes its lien, bond, or other legal rights may be impaired.
REFUNDS/RETURNS/CREDITS: Customer agrees that refunds/returns/credits not applied six (6) months from invoice date expire. Seller has the right to determine how to apply returns/credits on the account as it sees fit after ninety (90) days.
RELEASES/WAIVERS: All waivers executed by Seller shall be effective only to the total dollar amount of payments actually received. Customer agrees that Seller does not release its mechanic's lien, payment bond or other legal rights for unpaid invoices, regardless of what other documents have been presented to Seller for signature that may imply otherwise.
DELIVERY: Any deliveries made are to be within the normal weekday and Seller does not guarantee delivery times or rates.
GOVERNING LAW; VENUE; JURISDICTION: This Credit Application, and the rights and remedies arising hereunder, shall be interpreted, governed, construed and enforced under the laws of the State of Maryland, without regard to conflict of law principles. Customer consents to and agrees that any legal action or proceeding arising out of or relating to this Credit Application or the extension of credit shall be brought exclusively in the Circuit Court for Montgomery County, Maryland, in any other court of the State of Maryland having jurisdiction, or in the United States District Court for the District of Maryland. Customer knowingly and voluntarily submits to the jurisdiction of such courts and waives any objection based upon venue or forum non conveniens.