Credit Application Terms and Agreement

1. Acceptance. Seller reserves the right to accept or reject any order and shall not be required to give any reason for non-acceptance. Purchaser shall be obligated to pay the purchase price reflected on the invoice in accordance with the terms hereof.
2. Taxes. All specified prices are exclusive of all present or future sales, revenue or excise tax or other governmental charge upon the production, sale or shipment of products imposed by federal, state, municipal or other authorities. Whenever applicable such tax or taxes shall be added to the invoice as a separate charge to be paid by the purchaser, or in lieu thereof the purchaser shall provide the seller with a tax exemption certificate acceptable to the taxing authorities.
3. Terms of Payment. Invoices will be mailed daily. Payments are due as stated on the invoice. Past due accounts are subject to 1.5% service charge per month (18% annual percentage rate) and services will be put on hold after 30 days.
4. Quotations and Prices. Prices are subject to change without notice and purchaser will be billed according to the pricing in effect at the time. Written quotations automatically expire 15 calendar days from the date issued and are subject to termination by notice within that period.
5. Disclaimer of Warranty. THE SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED REGUARDING ANY NEW OR USED ITEM OR PRODUCT ORDERED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Purchaser's sole and exclusive remedy, if any, or defects in materials or workmanship with respect to any new or used item or product shall be against the manufacturer or manufacturers thereof pursuant to the express written warranty, if any extended by such manufacturer or manufacturers with respect to such item or product. In no event shall seller be liable for any incidental special or consequential damage for any cause whatsoever, or injury to persons or property or any other consequential economic or special incidental loss arising from the use of any item or product. No waiver, alteration or modification of the foregoing shall be valid unless made in writing and signed by an officer of the seller.
6. Returns. No returns of products will be accepted without prior written approval of seller. Returns are subject to a charge of 20% of the original purchase price for handling plus all transportation charges and must be accompanied by product invoice. Credit will be based upon the quantity received in reasonable condition and as determined by seller.
7. Cancellation. An order once placed with and accepted by seller can be canceled only with our consent and upon terms that will indemnify seller against loss and maybe subject to a cancellation fee of 20%.
8. Controlling Provisions. These terms and conditions shall supersede any provisions, terms, and conditions contained on any confirmation order or other writing the purchase may give or receive, and the rights of the parties shall be governed exclusively by provisions, terms and conditions hereof. The seller makes no representations or warranties concerning orders except such as are expressly contained herein, and orders may not be changed or modified orally.
9. Purchase Order. If a quotation is accepted and the purchaser's order form is used for this purpose, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in anyway conflict with the terms and conditions set forth in such order form, and the issuance of such order by the purchaser shall be deemed to note the purchaser's assent to the foregoing.
10. Indemnity. Purchaser further agrees to indemnify and save harmless seller from all loss, damage, expense and penalty arising from any action on account of any injury to person or property of any character whatsoever occasioned by the operation, handling or transportation of any of the products sold hereunder and while the product(s) are in possession or under the custody and control of purchaser.
11. Collection. In the event any action either to collect payment or enforce the terms and provisions of the agreement becomes necessary, purchaser agrees to pay reasonable attorney's fees to seller should this matter be placed in the hands of an attorney for collections.
12. You have requested Hunt Irrigation, Inc. provide services to your property. By doing so you agree to allow Hunt Irrigation, Inc. reasonable and customary egress and regress to your property to allow for the rendering of those services. At anytime during and after services are provided to your property, if your unpaid account becomes more that 45 days past due, you expressly grant and allow egress and regress to your property between the hours of 6:00 am to 9:00 pm to Hunt Irrigation, Inc. (by and through its employees or agents), for the express purpose of locking down or shutting-off the water supply to the serviced properties irrigation system until such time as the past due amount has been paid in full, plus any applicable additional fees and/or interest penalties. Such locking down or system shut-off can be done without prior written or oral notice. Upon payment in full of the balance remaining due and owning, client will also incur $35.00 disconnect fee and a $35.00 reconnect fee. By accepting service by Hunt Irrigation, Inc. you hereby waive any and all claims for trespass and resulting damages that you claim may arise out of such alleged trespass.