FACADESXI, and its customer (Customer), whose name
appears below, agree as follows:
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1)
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Extension of Credit: Customer
asks FacadesXi to extend open-end credit for Customers account with FacadesXi for
the
purchase of goods and services and rental of equipment offered by FacadesXi.
Customer will pay to
FacadesXi at its address in San Antonio, Bexar County, Texas the amount of all
credit extended to Customer through charges to Customers account by Customer or
any person acting or purporting to act on Customer’s behalf, and all finance and
other charges incurred.
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2)
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Terms: All invoices charged to
an approved open account are due and payable within 30 days from invoice date or as
otherwise shown on the invoice.
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3)
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Invoices: not paid within terms
will be assessed a finance charge of 1.5% per month (18% per annum) on the unpaid
invoice balance.
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4)
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Change of Address and Billing
Inquiries: Customer will give prompt written
notice to FacadesXi at 15262 Capital Port, San Antonio, Texas 78249, of change
of a Customers address so that invoices may be delivered to Customers current
address without delay. Any inquiries as to any invoice should be mailed to
FacadesXi at the address listed above.
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5)
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Default and Collection Cost:
If a default occurs, FacadesXi may (i) decline to extend further credit hereunder
(and customer agrees not to make any further Credit Purchases), (ii) declare all
debts of Customer to FacadesXi arising hereunder or otherwise to be immediately due
and payable without notice or demand of any kind, and (iii) exercise any other
rights of FacadesXi whether in law or in equity. “Default” means (a) failure of
Customer to act in accordance with the terms of this agreement, (b) death,
bankruptcy or insolvency of customer or (c) FacadesXi in good faith believes that
the prospect of payment of performance of Customers obligations is impaired.
Customer shall be liable for all collection costs actually incurred by FacadesXi and
for reasonable attorneys’ fees in connection with the collection of Customers debt
to FacadesXi.
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6)
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Limitations of Warranties:
EXCEPT FOR ANY EXPRESS, WRITTEN WARRANTY PROVIDED TO CUSTOMER AND SIGNED BY A DULY
AUTHORIZED REPRESENTATIVE OF FacadesXi. FacadesXi MAKES NO WARRANTIES OF ANY TYPE,
EXPRESS OR IMPLIED, WITH REGARDS TO GOODS SOLD OR LEASED TO CUSTOMER BY FacadesXi,
OR ANY SERVICES PROVIDED TO CUSTOMER BY FacadesXi INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE,
DESIGN, CONDITION, CAPACITY, PERFORMANCE, OR QUALITY OF MATERIALS OR WORKMANSHIP.
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7)
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Severability: The invalidity or
unenforceability
of any provision of this agreement shall not affect the validity or
enforceability of any other provision.
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8)
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Miscellaneous: This Agreement
constitutes the entire agreement between the parties and supersedes all prior
agreements between Customer and FacadesXi. As used herein, the singular number
includes the plural. This Agreement is an Open-End Account as defined in Art.
5069-1.01(f) of the Revised Civil Statutes of Texas, but is not a transaction
governed by Chapters 3, 4, 6, or 15 of the Texas Consumer Credit Code.
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9)
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Usury: FacadesXi and customer
intend that this Agreement and any credit extended shall be in strict compliance
with the applicable usury laws. If at any time any interest (including amounts
deemed by law to be interest) contracted for, charged or received would be usurious
under applicable law, then regardless of the provisions of this Agreement or any
action or event, it is agreed that all sums that otherwise would be usurious shall
be credited by FacadesXi as a payment of principal, or if the debt has already been
paid, immediately refunded to customer. All compensation which constitutes interest
under applicable law in connection with this Agreement shall be amortized, prorated,
allocated and spread over the full term of the credit period, and over the full
amount of the debt, to the greatest extent permissible without exceeding the maximum
legal rate in effect from time to time during such period.
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10)
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Customer Authorization:
Customer authorizes FacadesXi to investigate all information given on this credit
application and hold free from liability all creditors and other persons who may
respond to inquiries made by FacadesXi. Customer also authorizes the release of any
credit information requested by FacadesXi from Customer’s banks and creditors.
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11)
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Business Purpose:
Customer warrants that the goods or services purchased from FacadesXi are for
business and commercial purposes, and not for personal, family or household use.
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