This section applies to all accounts with A2A Integrated Logistics Inc and its affiliated companies (“A2A”)
Customer agrees to abide by (I) standard terms of sale provided or made available by A2A and/or shown on A2A’s invoices or statements and (II) any written agreement or terms of sale with A2A governing Customer’s account. Customer agrees to pay for all purchases, fees and other charges incurred by Customer or an authorized user on any account of Customer, including service charges on past due amounts at the highest rate permitted by law (including purchases shipped and/or billed to a third-party agent on behalf of Customer). Any payment made after the net due date shall result in the loss of any prompt cash payment discount specified on the related invoice or statement and Customer shall pay the gross amount plus any applicable service charges. Without limiting A2A’s other legal rights, A2A may exercise a right of set-off against amounts due Customer from A2A Integrated Logistics Inc. or any of its affiliates. A2A reserves the right, in its sole discretion, to change a payment term (including imposing cash payment upon delivery), to limit total credit and/or to suspend or discontinue the shipment of any orders to Customer if A2A concludes that (I) there has been a material adverse change in the Customer’s financial condition or payment performance or (II) Customer has ceased or is likely to cease to meet A2A’s credit requirements.
Customer represents that it is entitled to discounted prices from manufacturers as it has notified A2A (“Contract Prices”). In consideration of A2A allowing Customer to purchase products at Contract Prices, Customer represents that A2A will be paid by the appropriate manufacturer the difference between A2A’s acquisition price and the Contract Price (“Chargeback”) and Customer will be liable to Suppliers for any unpaid Chargeback if any manufacturer (I) denies a Chargeback for any reason, (II) makes an assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, or if a receiver or trustee is appointed with respect to a substantial part of its property or a proceeding is begun which will substantially impair its ability to pay Chargebacks or (III) fails to pay A2A's Chargebacks for any reason other than A2A’s gross negligence.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating due to race, color, religion, national origin, sex, marital status, age; or because all or part of the Customer’s income is from any public assistance program; or the Customer, in good faith, exercises any right under the Consumer Credit Protection Act. The Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580 administers compliance with this law. Customer represents and warrants that Customer has read and understands this form and has reviewed the information provided in its entirety, including responses completed for Customer by an representative, and that all information is complete and correct. Customer agrees that A2A will be relying on such information and will notify A2A of any material changes to such information.
Customer agrees to provide A2A with financial statements upon request. Customer authorizes A2A, its employees, representatives, and agents to (I) investigate information provided and Customer’s credit, financial and banking records, (II) obtain Customer’s credit bureau report and (III) share with its affiliates experiential and transactional information regarding Customer and Customer’s account. A2A is authorized to retain information obtained as part of the application process whether or not the requested account and/or credit is granted. Customer agrees to pay all reasonable attorney fees and expenses or cost incurred by A2A in enforcing its rights to collect amounts due from Customer. This form and any account opened in favor of Customer are subject to credit approval by A2A Integrated Logistics Inc.