CARSON CUSTOMER TERMS & CONDITIONS
In consideration of the mutual covenants and agreements herein contained, and for good and valuable consideration, which is acknowledged by the parties, the parties agree:
- TERMS OF Unless otherwise agreed to, payment will be made by electronic funds transfer (EFT). All accounts, with the exception of card processing, will be invoiced at time of service; card processing accounts will be invoiced twice a month unless otherwise agreed. Payment is DUE at our designated payment location on the due date. Card processing accounts will be invoiced twice a month unless otherwise agreed. Payment terms and method subject to credit approval. Any special billing considerations must be agreed upon in writing by both Company and Applicant. Acceptance of payment for past due amounts shall not affect the terms of this agreement. Cash discounts are not offered unless specified on the invoice and payment must be received within discount period to be taken. Payments must be in U.S. dollars. Payments made by credit card are subject to a processing fee at the time of payment. Company shall have the right to electronically deposit any check payment received.
- CREDIT Accounts may be placed on hold or on a COD/cash only basis at the Company’s option without advance notice. In no event shall the Company be liable for any consequential damages or other loss which may result from the exercise of its option under this clause.
- COSTS AND ATTORNEY FEES; CHOICE OF LAW; CONSENT TO Applicant will pay such costs, collection agency commissions, expenses and reasonable attorney fees (including at trial and on appeal) as Company may incur in any manner of collection of any sums past due. If this application becomes the subject of any suit, arbitration or other proceeding or if Applicant becomes the subject of any bankruptcy proceeding (including with respect to any motion for relief from the automatic stay, objection to a plan or reorganization or confirmation or other similar proceeding), the prevailing party will be entitled to its costs and attorneys’ fees, whether incurred in such proceeding or in any post judgment proceeding. Oregon law, without resort to its choice of law provisions, will govern. The parties consent to the nonexclusive jurisdiction of any venue in any state or federal court located in Multnomah County, Oregon.
- SERVICE Should payment for any billing sent by Company to Applicant not be received within the invoice terms, Applicant agrees to pay as a service charge a payment equal to one and one-half percent (1 ½%) per month on all principal balances outstanding. Minimum finance charge $3.00. Pending credits from product returns, exchange or otherwise shall not be deemed payment unless and until such credits have been approved and are reflected on Customer’s invoice or statement.
- LIMITATIONS ON DAMAGES, STATUTE OF Company’s sole liability for breach of this warranty will be to repair or replace any defective goods or petroleum products and then only if Applicant gives company written notice specifying in detail the nonconformity or defect within 30 days after the date of the invoice and Applicant returns the goods to Company, Company will not be liable for any loss of profit, interruptions of business or any other special or consequential or incidental damages suffered or sustained by applicant, whether arising under contract, tort or any other theory. Any action for breach of contract must be commenced within one year from the date of delivery of the goods.
- FORCE If a delivery date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster or any other event beyond Company’s reasonable control.
- SECURITY AGREEMENT. To secure payment and performance of all Applicant’s current and future obligations to Company, Applicant grants to Company a security interest in all inventory and equipment that Applicant has purchased or will at any time in the future purchase from Company and in all accounts, other forms of receivables, documents, returns and general intangibles that are related in any way to such inventory and A copy of this application may be filed as a financing statement in which case Applicant is the debtor and Company is the secured party. Applicant grants Company a purchase money security interest in any goods Applicant purchases until purchase price is paid in full. Applicant shall perform all standard acts which may be necessary to perfect and assure retention of such security interest in Company. Applicant agrees that Company shall have all rights and remedies of a secured party under the Uniform Commercial Code.
- The failure by Company to exercise rights or privileges conferred herein shall not constitute a waiver of Company’s rights at any time thereafter to enforce such terms.
- CARSON BRAND. Applicant acknowledges that by entering into this Agreement, the Applicant is bound to the terms and conditions of this Agreement as it relates to Carson Oil , Inc., Woodbury Energy Company, Inc., Carson Propane, LLC, NEXGEN Logistics, LLC and NEXGEN Products Company, LLC, or any of the successors or assigns of the entities identified herein (collectively “Party” and/or “Companies”). Applicant also acknowledges that the “Carson” brand and logo is a trademarked brand of Carson Technologies, LLC used under license from Carson Technologies, LLC.
Updated March 20, 2020