CARRIER ENTERPRISE, LLC
cel1009 Carrier Enterprise, LLC
PDF
ce hom home documents 20200804 credit-application Homans Associates Credit Agreement
Please email completed application to: hom.creditapps@homans.com OR fax to 978-527-0617.
Questions? Please call 978-988-9692
Name of Applicant
Website
(if applicant is a corporation or LLC, give name as it appears in the ARTICLES OF INCORPORATION)
Phone
- -
List all Trade Names if different from above
Billing Address
Billing City
State
Zip
Shipping Street Address
Shipping City
State
Zip
Business Information
Sales Tax Status
Taxable
Non-Taxable (Sales tax will be charged unless the required exemption form is enclosed)
Ownership Individual/Proprietorship Partnership Corporation LLC LLP Federal ID #
Name & Location of Parent Company
Relationship Division Subsidiary
Date Business Started
Years under Current Trade Name
# of Employees
Gross Prior Year Sales
If new business describe past employment of principal
Initial credit line requested $
(For credit line requests over $25,000, a current Financial Statement is required)
Preferred Sales Center Location (city & state)?
Do you require Purchase Orders? Yes No
Licensing
License Type (copies required) State
Name of Holder
Number
Expiration Date
Business Name
Trade References
Credit Manager Name
Email Address
Bank References
Bank Reference Name
Account #
Has the applicant or any principal ever filed bankruptcy? Yes No If yes, state who and when
Principal
Name
Contact Information ALL FIELDS REQUIRED
Title
Email Address
Phone
Receive Receive
Statements? Invoices?
-
-
Named Principal's Ownership %
Accounts Payable
-
-
Purchasing Agent
-
-
CE Online Account Admin
-
-
*We can provide invoices and statements by fax if needed. To request, please provide your FAX NUMBER:
-
-
hom_open-account-credit-app_20181102
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Credit Agreement
The information given herein is offered as a request by the applicant for an extension of credit for commercial business use only. The applicant authorizes Homans to make inquiry into any and all matters set forth in this application, to obtain oral or written credit reports from any credit reporting agency in gathering information necessary for the evaluation of applicant's credit-worthiness and financial responsibility. Applicant further authorizes the within listed references to release to Homans, any information concerning the credit or financial status of the individuals business, partnership, or corporation. These authorizations are continuing in nature, and may be exercised in connection with any update, renewal, or extension of credit under this agreement.
All sales are subject to the "Terms and Conditions of Sale" outlined in this credit agreement, Applicant acknowledges that it has read the "Terms and Conditions of Sale," "Terms of Use," and "Privacy Policy" and agrees to be bound thereby. No terms or conditions of purchase orders different from those of Homans will become part of any sales agreement, purchase order or other document unless specifically approved in writing by Homans. No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge.
The applicant agrees to pay all invoices in accordance with the terms printed on each. It is understood that Homans may impose a finance charge or late charge as a penalty for late payment. In this event, applicant agrees to pay one and one-half percent (1 ½%) per month or the maximum allowed by state law, whichever is less, on the past due balance as of the last working day of the calendar month. Failure by Homans to levy a finance charge shall not be construed as a waiver unless specifically agreed to in writing.
In the event it becomes necessary to place an account with an outside collection agency or attorney for collection, suit, or other legal action, the applicant agrees to pay all costs of such proceedings, including reasonable attorney fees.
Any dispute arising under this Agreement shall be governed by the applicable state law. Applicant agrees as evidenced by its/their signature(s) below that commencement of any action shall be brought in the venue of Homans' choice unless otherwise required by state/province law for small claim actions.
Applicant
Signature
Printed Name & Title
Date
Applicant
Signature
Printed Name & Title
Date
Consumer Report Authorization
Should a Consumer Report be required, it will be prepared by a consumer reporting agency. Information from the Consumer Report will not be used in violation of any federal or state equal opportunity law or regulation. We will provide you with the name and address of the credit reporting agency should we deny credit based solely on your Consumer Report. By contacting the credit reporting agency, you can obtain a free copy of your Consumer Report along with a written summary of consumer rights under the Consumer Credit Reporting Reform Act.
Your signature on this form constitutes your written authorization for us to seek a Consumer Report from a consumer reporting agency. I/ we acknowledge that I/we received a copy of the above notice, and that I/we authorize a copy of my Consumer Report to be released to Homans Associates.
The information obtained from your Consumer Report may be communicated to affiliates and other entities related to Homans for the purpose of marketing Homans products and services to you.
Do you permit Homans' affiliates and related entities to use the information contained in your Consumer Report to market Homans products and
services to you?
Yes
No
Signature
SSN
Printed Name & Title
Date
Signature
SSN
Printed Name & Title
Date
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Personal Guaranty
In consideration of credit extended by Homans Associates to
, the undersigned jointly, severally and unconditionally
guarantee, without offset, the payment of all indebtedness of the applicant, whether now existing or hereafter created, and its successors and
assigns and the payment of all costs and expenses, including attorneys' fees, incurred in enforcing the payment of such indebtedness or
enforcing this Guaranty. This Guaranty is open, continuous and not limited in time. The undersigned agrees to the "Terms and Conditions of
Sale" of CE and that this Guaranty shall be governed by the law of the state in which this Guaranty is executed. The undersigned consents to the
personal jurisdiction of the courts of that state and waives and agrees not to assert that the action is brought in an inconvenient or improper
forum.
This Guaranty is revocable by guarantor(s) upon thirty (30) days prior written notice to Homans by certified mail, return receipt requested at the following address: Homans Associates Inc., 250 Ballardvale St, Wilmington, MA 01887. Such revocation shall not affect guarantors' obligations hereunder through and including the effective date of the revocation.
Guarantors authorize Homans, without notice or demand and without affecting the guarantors' liability hereunder, to extend, renew or otherwise modify the terms of payment of the indebtedness owed Homans or grant any indulgence or forbearance regarding such indebtedness. Guarantors waive any right to require Homans to institute any action against the applicant; all rights of or to presentments, demands for performance, notices of nonperformance, protest, notices of protest, notices of dishonor; and notices of acceptance of this Guaranty and of the existence, creation, or incurring of new or additional indebtedness to Homans.
The guarantors hereby waive all defenses to payment except for payment in full. The guarantors hereby waive and release applicant from all claims to which the guarantors are or would, at any time, be entitled by virtue of their obligations under this Guaranty, including any right to subrogation, reimbursement, contribution or similar right against the applicant.
GUARANTORS KNOWINGLY AND VOLUNTARILY, ABSOLUTELY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR SUIT ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO THIS GUARANTY.
Guarantor 1 Signature
SSN
Printed Name
Witness
Date
Guarantor 2 Signature
SSN
Printed Name
Witness
Date
Homans Associates Terms and Conditions of Sale
1. PAYMENT AND TAXES- Payment shall be Net 30th, unless otherwise stated on the invoice. Homans reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Homans determines, in its sole discretion, that Customer or Customer's assignee's financial condition at any time does not justify continuance of the Net 30th payment terms. In addition to the price, the Customer shall also pay Homans any taxes or government charges arising from this Agreement.
2. SHIPMENT- All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Homans does not guarantee a particular date for shipment or delivery.
3. DELAYS- Delays caused by conditions beyond the reasonable control of either party shall not be the liability of either party to this Agreement.
4. WARRANTY- Homans warrants that all equipment manufactured by Carrier Corporation will be free from defects in material and workmanship. Homans shall at its option repair or replace, F.O.B. point of sale, any part determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Homans does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer's warranty for those products. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Homans' obligation to repair or replace any defective parts during the warranty period shall be Customer's exclusive remedy. Homans shall not be responsible for labor charges for removal or reinstallation of defective parts, charges for transportation, handling and shipping or refrigerant loss.
5. LIMITATION OF LIABILITY- Under no circumstances shall Homans be liable for any incidental, special or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence. Homans shall be liable for damage to property, other than equipment provided under this Agreement, and to persons, to the extent that Homans' negligent acts or omissions directly contributed to such injury or property damage.
6. CLAIMS- Any suits arising from the performance or nonperformance of Homans, whether based upon contract, negligence, strict liability or otherwise, shall be brought within one (1) year from the date the claim arose.
7. GOVERNMENT PROCUREMENTS- Homans offers standard commercial equipment. This standard commercial equipment may not comply with any U.S. Government specifications. Homans shall have no responsibility for ensuring such compliance. Homans supplies standard commercial pricing information. Homans does not comply with the Cost Accounting Standards (CAS) nor the Federal Acquisition Regulations (FAR). In no event shall Homans provide any Cost or Pricing Data in connection with this contract or subsequent contract modification.
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