Selling a Business Opportunity in Florida by nbe11107


Selling a Business Opportunity in Florida document sample

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									                                        SOUTHERN MANUFACTURING a division of

                                                       Phone (407) 671-5200 Fax 407-894-5373
                                                       501 Herndon Ave
                                                       Orlando, FL 32803

                                      CREDIT APPLICATION AND BILLING INSTRUCTIONS
Date                                                     Please return to

Company                                                                                     Business
name                                                                                       Phone

Street Address                                                                             Address

City                                                                                                      ST                       Zip Code

                 Proprietorship                        Partnership                         Corporation                         Non-Profit Organization
Principal Owner(s) or Officer(s) and Resident Agent if Applicable are:
Name                                                                                                                   Title

Home Address                                                                                    Soc. Sec. Number

City                                                                             State                           Zip Code

Name                                                                                                           Title

Home Address                                                                                    Soc. Sec. Number

City                                                                          State                            Zip Code

Date this business commenced                                                                Business FIN

Number of Employees:                        Office                                                Plant

Are purchase orders issued?               Yes                            No           Issued by whom:

Special Billing Instructions

Other Business Principles

Requested Credit Line:

                                                                              Page 1
                                                         REFERENCES, SUPPLIERS

Name                                 Account Number                                  Telephone                   Fax




                                                              BANK ACCOUNTS

       Name of Bank & Address                               Type of Account                             Account Number

I hereby authorize the Bank named herein to release information requested by Accord Industries/Southern Manufacturing in order to determine my
                                                    credit position and establish credit terms.




Note: Please supply a current sales tax exemption document or Florida Sales tax will be added.

                                                             Exemption No#

                                                                         Page 2
                                                     TERMS AND CONDITONS OF SALE

Orders place as a result of quotations made by Southern Manufacturing a division of Accord Industries, LLC (hereafter known as "Seller") are subject
to the Terms and Conditions herein, which shall prevail over any inconsistent terms of Buyer's purchase order. No terms and conditions in any way
altering or modifying the provisions hereof shall be binding upon Seller unless they are specifically authorized in writing by an authorized
representative of Seller. No modification or alteration of the provisions hereof shall result by Seller's shipment of goods following receipt for a Buyer's
purchase order, shipping order or other forms containing provisions, terms, or conditions in addition to, in conflict with, or inconsistent with the
provisions thereof. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and
negotiations are merged herein.

Price extensions, when made, are for Buyer's convenience only, and they as well as any mathematical, stenographic or clerical errors, are subject to
correction. Prices shown do not include any sales, excise, or other governmental charge payable by Seller to Federal, State, or local authority. Any
taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Seller for any such tax or to
provide Seller with an acceptable tax exemption certificate.

Seller shall not be liable for delay or default in delivery and all quotations and agreements are contingent upon any cause beyond Seller's reasonable
control, including, but not limited to, governmental action, strikes, or other labor troubles, fire damage or destruction of goods, manufacturer's
shortages, inability to obtain materials, fuel or supplies, acts of GOD, or any other cause whatsoever beyond Seller's control. Buyer shall have delivery
options available F.O.B. origin unless contracted otherwise.
Any changes in quantities or destination may result in a price adjustment by Seller.

Goods not manufactured by Seller are warranted and guaranteed only to the extent in the manner warranted and guaranteed to Buyer by the
original manufacturer of such goods, and then only to the extent that is reasonable Buyer is able to enforce such warranty or guarantee against the
manufacturer of such goods.

Seller will not be responsible for defects in materials after others handled them, if such defects could occur in handling. Buyer's exceptions and claims
for the cost of correction on any non conforming materials shall be deemed waived unless made in writing within 4 days from the time of delivery.
The Seller shall be given full opportunity to investigate said claims and make corrections with his own workmen. Seller's responsibility ceased upon
issuance of Bill of Lading, F.O.B. origin, unless agreed otherwise in writing. Seller shall not be liable to Buyer for goods which are damaged or lost
while in the possession of a common or contract carrier, and it will be Buyer's responsibility to recover any and all damages from the common or
contract carrier.
The Buyer shall furnish adequate plans and warrant dimensions shown on plans to be correct. Seller assumes no responsibility whatsoever for Seller's
interpretation of specifications provided by Buyer, and Buyer's acceptance must be premised on final approval by its engineers, and not on Seller's

Payment terms are net 30 days. Buyer agrees to pay Seller on past due accounts a monthly interest charge equal to the maximum interest charge
permitted to be charged under applicable law. Shipments delayed by the Buyer greater than sixty days after fabrication and/or purchase order shall
be subject to storage charges. Orders, or portions thereof, cancelled prior to fabrication shall be subject to cancellation fees of 15% of the selling
price. Cancellation after fabrication has commenced will be charged the selling price. Buyer purchased orders which are delayed 90 days after Seller
acceptance are subject to material cost increases.

Buyer agrees to pay Seller costs and expenses of collection, suite, or other legal action, including a reasonable attorney's fee, and shall pay costs,
expenses, and reasonable attorney's fee incurred on appeal or in any administrative proceeding brought as a result of the commercial relationship
between them.

Buyer waiver any overall privileges and rights which it may have under Chapter 47, Florida Statutes, relating to venue, as it now exists or may
hereafter be amended or construed and under any other applicable statute. Buyer and Seller agree that any legal action brought by either to ensure
payment or compliance with terms and conditions of sale, shall be brought in the appropriate court in Orange County, FL.

If Buyer fails to comply with Terms and Conditions of Sale, or Buyer's credit becomes unsatisfactory in the sole discretion of Seller, Seller reserves the
right to terminate any order upon written notice to Buyer.

I have read the above and accept the Terms and Conditions for Sale.

                                              I accept                  Signature

                                                                            Page 3

                                                 AGREEMENT TO TERMS AND CONDITIONS

1. Payment for any materials purchased during the month becomes due 30 days from the date of the invoice with cash discounts as indicated on
invoices. Any invoice not paid on the date due, becomes subject to a service charge at the highest rate allowed by law. Furthermore, failure to make
payment within the terms set forth will subject account to credit restrictions.

2. If the account is not paid in full as agreed and legal recourse is required, applicant agrees to pay all costs and expenses of collection, including
reasonable attorney's fees, and shall also pay costs, expenses and attorney's fees incurred on appeal. Applicant further agrees that, if the amount
outstanding is under $5,000.00, the attorney's fees awarded will be 20% of the outstanding balance. If the outstanding balance exceeds $5,000.00,
the fee will still be determined on a "reasonable fee basis."

3. The applicant hereby waives any and all privileges and rights which he may have under Chapter 47, Florida Statutes, relating to venue, as it now
exists or may hereafter be amended, and further agrees that any action brought on this account may be brought in the appropriate Court in Orange
County, Florida.

4. Applicant agrees to send Southern Manufacturing, a division of Accord Industries, LLC written notice of any changes in the form or ownership of
applicants business within five days of such change.

The undersigned hereby certifies the information in this application to be true and complete. Southern Manufacturing, a division of Accord Industries,
LLC is authorized to make whatever inquiries it deems necessary of others concerning the foregoing information including but not limited to
procuring consumer reports from consumer reporting agencies and providing information arising out of applicant(s) transactions with Southern
Manufacturing, a Division of Accord Industries, LLC to others. Furthermore, any person named herein is expressly authorized to furnish you with
information in connection with this application. This application shall remain the sole property of Southern Manufacturing, a Division of Accord

In consideration of the credit extension by Southern Manufacturing, a Division of Accord Industries, LLC the undersigned agrees with all of the
provision of the Terms and Conditions, the above and foregoing including the interest payment on past due amounts, and recoverable collection

                                                                                                   Owner - Officer Signature


Southern Manufacturing, a Division of Accord Industries, LLC
                                                                                                                 Credit Manager

                                                                           Page 4

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