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Credit Application

CONFIDENTIAL CREDIT APPLICATION & AGREEMENT

NAME OF OWNERS, PARTNERS OF OFFICERS

  • Provide the following information on each owner, partner and/or officers (use additional pages if necessary)

Trade Credit References (Open account references only, no C.O.D. accounts)

Credit Application And Authorization

  • The Customer, as evidenced by submitting this application, requests the extension of credit by Towle, Inc. and agrees to be bound by the terms and conditions of the Credit Agreement incorporated in this document, as amended from time to time. The Customer represents to Towle, Inc. that each statement in the credit application and any accompanying document provided by Customer is true and correct in every detail and accurately represents the financial condition of Customer on the date given below. Customer authorized Towle, Inc. to make all inquiries it deems necessary to verify the accuracy of the information contained herein and to determine the creditworthiness of the Customer, including obtaining a consume credit report on Customer. This authorization to determine creditworthiness and to obtain consumer credit reports shall continue to be effective as long as customer has an account with Towle Inc.

Guaranty

  • To induce Towle, Inc. to enter into the Credit Agreement with Customer, Guarantor hereby absolutely, unconditionally and irrevocably guarantees the prompt and complete performance of all obligations of Customer under the Credit Agreement and any extensions or renewals thereof. If a Bankruptcy petition should at any time be filed by or against the Customer, the full amount of Customer’s indebtedness to Towle, Inc. shall become immediately due and payable by Guarantor.

    This Guaranty may be enforced by Towle, Inc. without:
    1. giving Guarantor any notice of the Customer’s default;
    2. oreclosing upon or restoring to any collateral held as security for the guaranteed indebtedness;
    3. attempting to enforce the liability of the Customer or of any third party who may be liable for the guaranteed indebtedness; or
    4. giving the Guarantor any notice before making any changes or amendments to the Credit Agreement: it being understood that the guaranteed indebtedness may be created from time to time upon any terms and conditions approved by Towle, Inc. and without the knowledge or prior approval of Guarantor.
    This Guaranty shall be effective even if Towle, Inc.:
    1. releases any pledge or collateral held as security for the guaranteed debt or accept substitution of collateral;
    2. extends the maturity date of the guaranteed indebtedness;
    3. releases any third party who may at any time be liable as co-obligor, endorser, surety, guarantor or otherwise for the guaranteed indebtedness; provided that Towle, Inc. may not release any co-signer of this Guaranty without the permission of the other signers;
    Guarantor shall pay the costs and expenses incurred by Towle, Inc. to collect amounts due under this Guaranty. Cost and expenses include, but are not limited to: attorney’s fees, out-of-pocket expenses, travel expenses, expert witness fees, and reasonable compensation for the time of Towle, Inc. employees to investigate and collect the account.
    This is a continuing Guarantee.
    .
    The terms and conditions of the Credit Agreement signed by Customer and are incorporated into this Guaranty by reference and shall be binding upon Guarantor.
    .
    The liability of Guarantor hereunder shall inure to the benefit of any subsequent assignee of Towle, Inc.’s interest in the guaranteed indebtedness.
    .
    This agreement shall be construed in accordance with and governed by the laws of the State of California applicable to agreements made and to be performed wholly within such jurisdiction, without requard to the conflicts of laws provisions thereof. Any and all claims or causes of actions shall and must be filed only in the courts of the state of California for San Diego County or the United States District Court for the Southern District of California, which shall have exclusive jurisdiction over any and all disputes which arise between the parties under this Agreement, whether in law or in equity. Each of the parties expressly agrees, consents, and stipulates that venue shall be exclusively within said courts. Each of the parties expressly agrees, consents and stipulates to the exercise of personal jurisdiction over is and subject matter jurisdiction over any such controversy arising between the parties being only in the courts listed herein.
    .
    IN WITNESS WHEREOF, Towle, Inc. and Guarantor have executed this Guaranty on the first above written. Towle, Inc.
  • GUARANTOR
  • Authorized representative Signature

Credit Agreement

  • In consideration of being extended credit to purchase goods from Towle, Inc., customer agrees that all purchases are subject to the following terms and conditions:
    1. This contract is performable and accounts are payable at the home offices of Towle, Inc., 10020 Prospect Ave, Suite A8, Santee, CA 92071 or such other address as Towle, Inc. may designate from time to time.
    2. Payment is due on or before the 30th day from the date of the invoice. The part of any invoice not paid within 30 days of the date of the invoice shall be past due. Upon default of payment of any charges on Customer's account, the entire unpaid balance of Customer’s account shall, at Towle, Inc.’s option, but WITHOUT DEMAND OR NOTICE, become immediately due and payable.
    3. The Customer shall pay interest on the amount of any past due invoice commencing on the 31st day after purchase. The rate of interest on the past due invoices shall be the highest rate allowed by law. All payments shall be applied first to accrued interest with the remainder being applied to reduction of the principal amount of the account.
    4. Each invoice and statement issued by Towle, Inc. shall be governed by this Agreement and shall be deemed to include the terms and conditions of this Agreement.
    5. Customer shall pay the costs and expenses incurred by Towle, Inc. to collect a past due account. Costs and expenses include, but are not limited to: attorney’s fees, out-of-pocket expenses, travel expenses, expert witness fees and reasonable compensation for the time of Towle, Inc. employees to investigate and collect the account.
    6. This Agreement shall be construed in accordance with and governed by the laws of the State of California applicable to agreements made and to be performed wholly within such jurisdiction, without regards to the conflicts of laws provisions thereof.
    7. Any and all claims or causes of action shall and must be filed only in the courts of the State of California San Diego County or the United States District Court for the Southern District of California, which shall have exclusive jurisdiction over any and all disputes which arise between the parties under this Agreement, whether in law or in equity. Each of the parties expressly agrees, consents and stipulates that venue shall be exclusively within said courts. Each of the parties expressly agrees, consents and stipulates to the exercise of personal jurisdiction over it and subject matter jurisdiction over any such controversy arising between the parties being only in the courts listed herein.
    8. Towle, Inc., in its sole and absolute discretion, and at any time, may deny or terminate credit privileges, or limit the amount of credit, with notice and without cause.
    9. Customer shall keep Towle, Inc. informed of any changes of address or change of ownership in the business. If the business of the Customer is sold, Customer shall immediately notify Towle, Inc. in writing at Towle, Inc.’s home office by certified mail. Customer shall remain liable on the account after sale of business for all purchases made before Towle, Inc.’s receipt of notice of the sale.
    10. This Agreement constitutes the complete agreement of the parties regarding the purchase of goods on credit, and supersedes any and all prior and contemporaneous negotiations, representations and agreements. This Agreement may not be altered or amended, except by Agreement in writing signed by the credit manager, a vice-president or president of Towle, Inc. This Agreement shall continue in full force and effect for as long as Customer buys goods on credit from Towle, Inc. This Agreement can only be terminated or modified in writing signed by Towle, Inc.
    11. Consent of Waiver of Breach. The consent to any act or the waiver of a breach of any provision of this Agreement by any party hereto, shall not operate or be construed as a consent or waiver of act or breach by any party of as a waiver or modification of the provisions of this Agreement.
    12. Authority to Enter Agreement. Customer has all requisite power and authority to carry on its business as it is now being conducted, and to execute, deliver and perform this Agreement.

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