PURCHASER HEREBY AGREES THAT UPON THE EXTENSION OF CREDIT BY Xpedition Archery, ALL PURCHASES BY PURCHASER FROM Xpedition Archery SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

The Purchaser shall comply with and satisfy all payment terms, conditions and charges of Xpedition Archery, or any subsidiary or affiliate of Xpedition Archery from time to time in effect, as determined in the sole discretion of Xpedition Archery, in connection with the sale of goods (collectively the “Goods”).

The Purchaser shall promptly notify Xpedition Archery, by certified mail, of any change of ownership of the Purchaser.

The Purchaser agrees to pay Xpedition Archery for Goods provided by Xpedition Archery at Xpedition Archery's designated prices. Payment terms are N30 Days from the date of invoice. The Purchaser agrees to pay interest on all past due balances, at a rate of 18% per annum, beginning with the first day of the month following the month products are delivered, or provided, but not to exceed the highest amount allowed by law.

Checks in payment for Goods that are not honored by the bank upon which drawn may be subject to such charges as may be assessed in connection therewith under the laws of the State of Iowa or, in the sole discretion of Xpedition Archery’s bank. If Xpedition Archery’s bank should charge a fee as independent consideration for the additional work required, the fee shall be passed on by Xpedition Archery to Purchaser for payment. The parties agree that this fee is not to be deemed and is not interest for the purposes of determining usury.

Any legal action or proceeding with respect to Purchaser may be brought in the appropriate state or federal court of Winneshiek County, Iowa. Purchaser hereby accepts, generally and unconditionally, the non‐exclusive jurisdiction of the aforesaid courts. Purchaser further waives any objection to the venue of any action or proceeding in any such court in Winneshiek County, and waives any right to trial by jury therein.

The extension by Xpedition Archery of credit availability to the Purchaser and the amount and the terms of such credit availability are in the sole, absolute and exclusive discretion of Xpedition Archery. Xpedition Archery reserves the right to terminate the extension of credit availability to the Purchaser at any time with or without notice and to change any of the terms and conditions thereof upon notice to the Purchaser.

Xpedition Archery warrants title to the Good(s) and, except as noted below with respect to items not of Xpedition Archery manufacture, also warrants the Good(s) on date of shipment to Purchaser, to be of the kind and quality described herein, merchantable, and free of defects in workmanship and material. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE – WHICH ARE SPECIFICALLY DISCLAIMED, AND CONSTITUTES THE ONLY WARRANTY OF Xpedition Archery WITH RESPECT TO THE GOOD(S).

Notwithstanding any other provision of this agreement, the total liability, in the aggregate, of Xpedition Archery to Purchaser and anyone claiming by or through Purchaser, for any and all claims, losses, costs, attorneys’ fees or damages (of any form, including consequential damages), resulting from or in any way related to the account or this agreement from any cause or causes shall not exceed the total amounts paid to Xpedition Archery for the Goods. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

The Purchaser hereby certifies that all information contained in the Credit Application and Account Agreement is true and correct. The undersigned individual, who is either a principal of the Purchaser or a sole proprietor, recognizing that his or her individual credit history may be a factor in the evaluation of the credit history of the Purchaser, hereby consents to and authorizes the use of a consumer credit report on the undersigned by Xpedition Archery, from time to time as may be needed, in the credit evaluation process. The Purchaser and the undersigned individual agree to provide Xpedition Archery with an updated credit application when requested as a condition for the continued extension of credit by Xpedition Archery.

Contact

Contact Us

Sign up and save