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Name of Owner
1. Upon approval of this Credit Application, Tri State Foliage, Inc., hereinafter referred to as "Creditor", agrees initially to extend credit to Customer and will advise Customer of the approved line. 2. If any charge or payment is not paid by Customer within fifteen (30) days after its due date, Customer agrees to pay a service charge on the amount owing, equal to one and one-half percent (1 L /2%) per month or the highest rate allowed under applicable law, whichever is the lower. 3. If any claims arise with respect to defects in quantity or quality, or as to any other matter, Credit shall not be liable, if at all, unless Customer shall make written claim to Creditor within forty-eight (48) hours after receipt of any shipment involved in such claim, and failure to present any such claim within that time will be considered a waiver of the claim. Any claims made by telephone shall be confirmed immediately in writing to Creditor. 4. Customer hereby authorizes Creditor to investigate Customer's credit record and to report Customer's performance under this transaction, or any other agreement between Creditor and Customer, to credit agencies. 5. Customer acknowledges that in the event of non-payment, its account may be assigned for collection. If so assigned, Customer waives any claim of jurisdiction or venue in the county or state of Customer's residence or place of business, and agrees that, should suit be instituted, personal jurisdiction, as well as venue, will be Cincinnati, Ohio. However, if Tri State Foliage, Inc. should institute suit, Customer agrees that personal jurisdiction, as well as venue will be in Hamilton County, Ohio. 6. In the event that any legal proceedings are instituted to collect any amount due and owed, then Customer will be responsible for any costs incurred in collecting such amount, including, but not limited to reasonable attorney's fees and court costs incurred at both the trial and appellate levels. 7. If any provision hereof is deemed invalid or unenforceable to any extent, the remainder of the terms hereof will not be affected thereby and will be enforced to the greatest extent permitted by law. SIGNED:
(name of "Customer") is or may become indebted to Tri State Foliage, Inc. ("Creditor"): NOW THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned Guarantor hereby absolutely and unconditionally guarantees to Creditor the prompt payment at maturity and all times thereafter of the Debt. Guarantor represents that he, she or it is the owner of a direct or indirect interest in Customer and that Guarantor will receive a direct and material benefit from the proceeds of any of the debt. In the event of default by Principal in payment of the Debt or any part thereof when such indebtedness becomes due, either by it terms or as the result of the exercise of any power to accelerate, Guarantor shall, on demand and without further notice of dishonor, without any notice having been given to Guarantor previous to such demand of the creating or incurring of such indebtedness, pay the amount due thereon to Creditor and it shall not be necessary for Creditor, in order to enforce such payment by Guarantor, first to institute suit or exhaust its remedies against Customer or others liable on such indebtedness. This guarantee is executed and delivered as an incident to a credit transaction wherein, in the event of nonpayment, the customer's account may be assigned for collection. Guarantor acknowledges that, should suit be instituted, jurisdiction of the person and the subject matter, as well as venue, shall apply as above. This is not a contract of suretyship.
(today's date)
Guarantor's Name