New Account Application, Credit Agreement, and Personal Guaranty. To facilitate prompt action on your application, please fill out completely, print, and sign below. THE CONTENTS OF THIS APPLICATION WILL BE HELP IN STRICT CONFIDENCE.
CREDIT AGREEMENT. In consideration for credit which may be granted, or which may have already been granted, by NBG Enterprices dba Premier Steel ("Premier") to you ("Applicant"), it is specifically agreed that all goods sold by Premier to Applicant are sold and purchased pursuantto the terms and conditions set forth on the front and back of Premier's printed invoices. Invoices are, and will be, delivered along with goods and also mailed to Applicant after delivert of the goods. In the event of a conflict among the terms and conditions on the Invoices and those in agreement, the provisions most favorable to Premier shall be controlling. It is specifically agreed that any past due balances shall be paid by Applicant or by Guarantor(s) at 16027 Venturaa Blvd, Suite 460, Encino, California 91436-2793. Except for the description of the goods, none of the terms and conditions on any written purchase order submitted by Applicant shall be part of the contract between Premier and Applicant.
PERSONAL GUARANTY. I/We sign the Credit Application and Credit Agreement on behalf of Applicant, and , as an individual(s) jointly and severally, personally guaranty payment of all present and future indebtedness of Applicant to Premier and waive all notices from Premier and waive the right to require Premier to proceed against Applicant. I/We also agree that our personal liability hereunder shall not be deemed to be released or discharged by: (i) any extension of time; (ii) by any other modification, substitution, settlement, supplement or compromise granted to Applicant; or, (iv) by any change whatsoever in the business relationship between Premier and Applicant including but notlimited to any change in credit terms, amount of credit, or amount of "time-price" of service charges added to past due accounts; or by the transfer of new or additional security by Applicant or the undersigned to Premier. Guaranty shall not be released or terminated by Premier's failure to exercise due diligence against Applicant or against any Guarantor. This is an absolute and continuing Guaranty.
CERTIFICATION AND NOTICES. I/We certify that everything stated on this application and stated on any document attached to this Application by the undersigned, is true to the best of my/our knowledge. All goods invoiced to Applicant by Premier shall be sold in reliance upon the information contained in, and/or attached to this document. Notice of any change which would limit or terminate Applicant's or my/our liability to Premier must be given to Premier in writing by certified, return receipt requested mail, addressed to: Premier Steel, 2615 W. Woodland Drive, Anaheim, California 92801, with a copy to George Sykulski, Esq. at 16027 Ventura Blvd., Suite 460, Encino, California 91436-2793. Applicant specifically authorizes any of its supliers and/or banks to disclose to Premier any credit information regarding Applicant and/or Guarantor as may be requested by Premier.
PAST DUE ACCOUNTS. Any action (i) to collect past due balances, (ii) to enforce the Personal Guaranty and/or (iii) arising out of or related to the sale and/or use of goods sold by Premier to Applicant must be filed in the Van Nuys branch of the Los Angeles Municipal Court or the Los Angeles Superior Court or the Federal District Court in Los Angeles. The Successful party in any such action shall be entitled to reasonable attorney fees or attorney fees as may more specifically be set forth on the back of Premier;s printed invoices. All past due accounts shall be subject to a "time-price" charge or service charge as more specifically set forth on the front or back of Premier's invoices.
QUOTATIONS. Any quotations given by Premier to Applicant shall not be considered an offer to sell and may not be relied upon unless and until Applicant places a written order with Premier and the order is accepted in writing by Premier in the form of a written order confirmation. All order confirmations are subject to the terms and conditions printed on the front and back of Premier's invoices.