I, residing at for and in consideration of your extending credit at my request to (legal name)
(herein after referred to as the “Company”), of which I am (title) ,
hereby personally unconditionally guarantee to you, Keystone Automotive Operations
Inc., its successors and assigns, at 44 Tunkhannock Avenue, Exeter, PA 18643 payment
of any obligation of the Company and I hereby agree to jointly and severally bind
myself to pay you on demand any sum which may become due to you by the Company.
It is understood that this guaranty shall be continuing in nature and revocable
only upon receipt by Keystone Automotive Operations, Inc. of notice of revocation
via certified mail. Such revocation shall not apply to existing indebtedness, but
only to shipments subsequent to the receipt of such notice. I do hereby agree to
be bound by all terms, conditions and covenants set forth in the Application for
Credit and Credit Agreement and waive notice of default, dishonor, non-payment,
presentment and notice thereof and consent to any modification or renewal or extension
of the Application for Credit and Credit Agreement hereby guaranteed. I do further
waive any right of indemnification or subrogation which I may have against the Company
for any debt arising hereunder.
Terms & Conditions:
APPLICATION FOR CREDIT AND CREDIT AGREEMENT
In order to facilitate timely processing of your order(s), please read and complete
this application, sign and return to Keystone Automotive Operations, Inc. along
with a copy of your most current, complete financial statement and/or a complete
copy of your last fiscal year-end financial statement.
TERMS AND CONDITIONS
1. Any extension of credit by Keystone Automotive Operations, Inc. shall be made
solely upon the terms, conditions and policies published by Keystone Automotive
Operations, Inc. from time to time. Any modification or amendment thereof shall
not be effective unless accepted in writing by Keystone Automotive Operations, Inc.
Keystone Automotive Operations, Inc. reserves the right, in its sole discretion,
to refuse to extend credit at any time or not to honor any order prior to delivery
2. The undersigned hereby agrees to pay all invoices from Keystone Automotive Operations,
Inc., its successors and assigns, according to the respective terms of sale of each
such invoice. In the event that any debt is not paid in accordance with the terms
of any invoice between Keystone Automotive Operations, Inc. and the undersigned
(“Default’), the entire balance owed by the undersigned to Keystone Automotive Operations,
Inc., shall become immediately due and payable at the option of Keystone Automotive
Operations, Inc., notwithstanding any other terms of payment. In the event of any
such Default, the undersigned shall pay to Keystone Automotive Operations, Inc.,
interest on the entire outstanding balance due and owing to Keystone Automotive
Operations, Inc., by the undersigned at the rate of one and one half (1 1/2 %) percent
per month (18% per annum) or at the highest interest rate allowable by law, said
interest shall commence and accrue as of the date of the first Default and shall
continue until the entire outstanding balance shall be fully paid. Additionally,
the undersigned agrees to pay any and all costs and expenses of collection incurred
by Keystone Automotive Operations, Inc, with respect to any and all amounts due
and owing to Keystone Automotive Operations, Inc. by the undersigned, including,
without limitation, reasonable attorney’s fees. All payments received by Keystone
Automotive Operations, Inc. shall be first applied to interest, collection costs
and expenses, if any, and then to reduce any outstanding debt due and owing.
3. Damaged product, Incorrect Product, Incorrect Pricing, Warranty, or Billing Issues
- All Keystone Automotive Operations, Inc. product is deemed accepted after 30 days
from Date of the Invoice, unless covered differently under Contractual Agreement.
All requests to return product or notification of billing concerns should be directed
to the Customer Service Division within this specified time period.
4. This agreement and any disputes arising between Keystone Automotive Operations,
Inc., and the undersigned shall be governed by the laws of the State of Pennsylvania
and the undersigned hereby expressly waives any and all defenses to the exercise
of personal jurisdiction over the undersigned by any state or federal court located
in the State of Pennsylvania in any action, suit or proceeding between Keystone
Automotive Operations, Inc. and the undersigned arising here under. THE UNDERSIGNED
FURTHER KNOWINGLY WAIVES ANY RIGHT WHICH THE UNDERSIGNED MAY HAVE TO A TRIAL BY
JURY IN CONNECTION WITH ANY LITIGATION BETWEEN THE UNDERSIGNED AND Keystone Automotive
Operations, Inc. BY REASON OF THIS CREDIT APPLICATION AND CREDIT AGREEMENT OR ANY
OBLIGATIONS ARISING HEREUNDER. SHOULD ANY PROVISION OF THIS CONTRACT BE FOUND TO
BE UNENFORCEABLE, THE REMAINING TERMS AND CONDITIONS WILL CONTINUE TO BE IN EFFECT.
5. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating
against credit applicants on the basis of race, color, religion, national origin,
sex, marital status, age; (provided the applicant has the capacity to enter into
a binding contract); because all or part of the applicant’s income derives from
any public assistance program; or because the applicant has in good faith exercised
any right under the Consumer Credit Protection Act. The federal agency that administers
compliance with this law concerning this creditor is Federal Trade Commission, Equal
Credit Opportunity, Washington, D.C. 20580. If your application for business credit
is denied, you have the right to a written statement of the specific reasons for
the denial. To obtain the statement, please contact Keystone Automotive Operations
Inc., Credit Department, 44 Tunkhannock Avenue, Exeter PA 18643, 888-539-7278,
within 60 days from the date you are notified of our decision. We will send you
a written statement of reasons for the denial within 30 days of receiving your request
for the statement.
The undersigned is either a sole proprietor, a partner in a partnership, an individual
who may be executing a personal guarantee in connection with the extension of credit
to Applicant, or one of the principal stockholders of a corporation, I give permission
to Keystone Automotive Operations, Inc., to obtain and utilize an individual credit
report on me personally to determine my creditworthiness.
By checking this checkbox I understand that I am signing a binding agreement with
Keystone Automotive Operations Inc.