1.1 By executing and submitting this Reseller, Credit and Internet Sales Application Agreement, of which these terms and conditions form a part (this "Agreement"), including any financial statements and additional information, the entity identified as Applicant above (“Applicant”) is applying to LOWA Boots, LLC (the "Company") to become an authorized reseller of the Company's products and to obtain trade credit from the Company. By your signature below, you represent that Applicant is a valid business entity and that you are an authorized representative of Applicant with authority to enter into contractual agreements.
1.2 Applicant agrees to the credit policies established from time to time by the Company and further agrees that all sales of the Company's products to Applicant shall be governed by (i) these terms and conditions, (ii) any terms of conditions of sale stated on each of the Company's invoice and posted on the Company's website, and (iii) LOWA's Internet Resale Policy. Applicant acknowledges and agrees that prior to execution of this Agreement, Applicant shall have been provided with a copy of, and have read and understood, LOWA's Minimum Advertised Price Policy.
1.3 Applicant agrees to make payment in full to the Company for all amounts due according to the Company’s invoice on or before the due date. Applicant hereby grants the Company a perfected security interest in any and all goods purchased by Applicant from the Company (and all proceeds thereof) to secure any and all obligations of Applicant to the Company, including but not limited to any obligation of payment. Applicant hereby appoints the Company as its attorney in-fact to make, execute and endorse any note, check, draft, money order, instrument, or other medium of payment and authorizes the Company to affix Applicant’s name to any other document to enforce this security interest. The Company is authorized to file and record any financing statements in its discretion.
1.4 You acknowledge that if Applicant should default on any payment(s), the Company reserves the right to declare all invoice amounts due and payable without notice to Applicant and shall have the right to charge a finance fee of 1.5% (or the highest rate allowed by law, if less) per each 30 day period, or part thereof, for any invoice that is past due. In the event the Company should commence any action or actions, or otherwise seek to enforce this Agreement against Applicant, Applicant agrees to pay reasonable attorney(s) fees, court and other collection expenses incurred by the Company, whether or not a suit is filed.
1.5 On behalf of Applicant, you certify that all information provided in connection with this Agreement is, and that all information subsequently provided to the Company in connection with this Agreement or the credit extended to Applicant by the Company shall be, true and correct in all material respects and you acknowledge that the Company will be relying on such information with respect to making decisions regarding Applicant’s terms of credit.
1.6 You hereby consent to the Company obtaining information about you personally, if applicable, and Applicant from credit reporting agencies and other sources the Company deems appropriate in considering this Agreement and subsequently for purposes of updates, renewals, or extensions of credit granted as a result of this Agreement or in reviewing or collecting Applicant’s account.
1.7 Applicant acknowledges and agrees that in the event that any warranty or representation by Applicant contained herein shall be false or is believed in good faith by the Company to be false, any covenant or agreement herein is violated by Applicant; or Company in good faith deems itself insecure because the prospect of payment by Applicant is or may be impaired or the prospect of performance of any covenant or agreement by Applicant is impaired, Company in addition to any remedies provided by law or pursuant to this Agreement, may declare that a default by Applicant under this Agreement and pursue any all remedies available to it upon a default by Applicant.
1.8 The Company's acceptance of partial or delinquent payment or failure by the Company to exercise any right or remedy available hereunder or under applicable law shall not be deemed a waiver of any right of the Company or any obligation of Applicant hereunder or under applicable law, nor shall any acceptance of partial or delinquent payment or failure by the Company to exercise any right or remedy available hereunder or under applicable law constitute a modification of this Agreement.
1.9 Applicant agrees to execute any additional agreements or documents that may be deemed necessary or advisable by the Company to effectuate the purpose(s) of this Agreement. Applicant may be required, in Company's sole discretion, to provide a personal guaranty prior to the extension of credit by the Company to Applicant.
1.10 This Agreement is not transferable or assignable without prior written consent of the Company and you agree to inform the Company in writing prior to any changes in the legal name and form of Applicant.