Zenbooth Credit Application Terms
IN CONSIDERATION FOR THE EXTENSION OF ANY CREDIT TO THE APPLICANT (the “Buyer”) BY ZENBOOTH, INC. (the "Seller") AND/OR THE MAKING OF ANY SALE TO APPLICANT SUBSEQUENT TO THIS AGREEMENT THE BUYER AGREES AS FOLLOWS:
Entire Agreement. All credit sales by Seller to Buyer shall be governed by the following terms as well as the Zenbooth Return Policies,Terms & Conditions found here.
Late Payment Penalty. Upon the failure of Buyer to pay in full any installment due hereunder within five days of the due date for such installment, there shall be a late payment penalty due in an amount equal to two percent (2%) of the outstanding balance, charged per month, or at the maximum rate permitted by applicable law, whichever rate is lower.
This Late Payment Penalty will be calculated monthly on a compound basis.
However, in no event shall this interest provision be construed as a grant of permission for payment delays.
The imposition of the Late Payment Penalty shall be in addition to any other rights and remedies of Seller under this Agreement, including reporting any late payments to third party credit reporting agencies.
Choice of Law and Venue. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of California. Any action to enforce or for breach of this Agreement shall be brought exclusively in the state or federal courts of the Alameda County.
Attorneys Fees. In the event of a claim being brought by the Seller to enforce rights under this contract, the Seller shall be entitled to recover its costs and expenses, including but not limited to reasonable attorneys’ fees, incurred in the event of breach or default of this contract.
No Misleading Information. All information supplied by the Buyer or on its behalf is true, complete and accurate in all material respects as at the date it was given and is not misleading in any material respect
Representation on Authority of Parties/Signatories. Each person entering into this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Agreement. The Buyer represents and warrants to the Seller that the execution and delivery of this Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legally binding on such party and enforceable in accordance with its terms.
- References. References may be requested before extension of any credit.