Terms of
Payment are 30 days net for service and 60 days net for sales. Past due balances are subject
to a finance charge of 1 ½ % monthly or 18% annually.
Applicant acknowledges that a monthly finance charge of 1 ½%
per month shall be made on all sums due from Applicant that have not been paid when due,
subject to any limitations imposed by law. Additional finance charge, computed on the same
basis, will be due and payable every 30 days thereafter. Applicant agrees that Oticon’s
“Standard Terms and Conditions” as in effect from time to time and set forth on its website
will govern transactions with Oticon and are incorporated into this Agreement. Applicant
agrees that unless Oticon specifically agrees otherwise in writing, any terms and conditions
in any purchase order provided by Applicant that conflict with terms in this Application
(including the Standard Terms and Conditions) will be of no force and effect.
Applicant and each Owner hereby (a) authorizes Oticon to obtain credit reports of Applicant(including its Affiliates listed above and consumer credit reports, if applicant and an Owner is an individual), to contact trade references submitted by Applicant in connection with Oticon's initial assessment of creditworthiness, and if Oticon extends credit Applicant, to the administration of such credit:(b)agrees to notify Oticon of any change in the legal business name, status, entity type, or ownership(in excess of 10%) of Applicant and its Affiliates within 5 business days thereafter, and(c) acknowledges and agrees that Oticon is under no obligation to extend credit to Applicant and that any extension and subsequent administration of credit to Applicant by Oticon is in Oticon's sole discretion.
Applicant agrees to pay Oticon's reasonable collection and legal expenses in the event of Applicant's default. Applicant and each Owner further represent that the customer applying for credit has the financial ability and willingness to pay all invoices with established terms. Applicant and each owner hereby waive any right to a trial by jury in any litigation with Oticon. In receiving this Application Oticon also waivers any right to a trial by jury in any such litigation. It is agreed and understood that all necessary collection and legal expenses of 25% plus interest may be charged to the debtor in the event of default or failure to pay for goods sold and delivered.