Customer Credit Application

Buyer Contact Info

Billing

List four (4) trade references, and a banking reference, with phone and fax numbers (necessary to process your application)

Reference 1

Reference 2

Reference 3

Reference 4

Bank Info

Sales And Security Agreement

1. SCOPE OF AGREEMENT. This Agreement is between Samtech, LLC, dba Massif (“Massif” or “we/us”) and the company identified above (“Company” or “you”) and governs the terms and conditions of your Account, including all sales and charges on your Account made by you or any person authorized to use this Account. All charges on this Account are at all times subject to our prior written consent and approval. Nothing in this Agreement shall constitute a guarantee or assurance of credit approval or pricing by Massif and nothing shall be deemed to obligate Massif to sell products to Company.
2. LINE OF CREDIT. Conditional upon approval of your Credit Application, we will advise you of your line of credit. We may increase or decrease your line of credit from time to time in our sole and absolute discretion. If you exceed your line of credit you will be in default.
3. CREDIT TERMS. All invoices are due within Net Terms established after processing application. Invoices are issued on date of shipment. If payment is not received by us within Net Terms, a $30 late payment fee will be charged. Interest of 1.5% per month or the maximum amount permitted by law, whichever is less) will be assessed on all past due amounts. Interest shall be assessed from date of invoice on any overdue unpaid balance until the outstanding balance is paid in full. Notwithstanding any grant of credit approval, Massif reserves the right in its sole discretion to require prepayment on certain purchases or accounts.
4. PRICING AND PROMOTION. Upon execution and return of this Agreement, and from time to time thereafter, Massif will send you pricing.
5. PROMISE TO PAY. All payments must be mailed or delivered to us at Attn: Finance, 498 Oak Street, Ashland OR 97520, or to such other address as we may from time to time instruct. You agree to pay us in U.S. dollars for all purchases, including applicable late payment fees and other charges or fees incurred by you or anyone you authorize or permit to use your Account, even if you do not notify us that others are using your Account. All checks must be drawn on funds on deposit in the U.S. We have the right to accept late payments or partial payment or checks and money orders marked “payment in full” without losing any of our rights under this Agreement or otherwise. You agree to pay us a late payment fee and interest in the full amount permitted under this Agreement or such lesser amount as permitted by law.
6. RETURNED CHECK FEE. If any check sent to us in partial or full payment on your Account is returned to us unpaid by your bank, we have the right to charge you a processing fee up to the maximum permitted by applicable law.
7. SECURITY INTEREST. You hereby grant to Massif a security interest, and this Agreement constitutes a security agreement, under the Oregon Uniform Commercial Code (and comparable statute of other states) in all products charged to your Account. If you do not make payments on your Account as agreed, this security interest allows us to repossess all products for which you have not paid in full. You are responsible for any loss or damage to products until paid in full. You agree to sign and deliver such documents as we may reasonably request, including a UCC-1 Financing Statement, to complete or consummate any transaction contemplated herein.
8. DEFAULT-COLLECTION COSTS. Any false statement in this Credit Application and/or Agreement, failure to make payment when due, seeking of protection in bankruptcy, or violation of any of the terms and conditions of this Agreement is a default hereunder. If you default under this Agreement, Massif shall be entitled to exercise any and all remedies allowed under the Oregon Commercial Code and/ or other applicable law. If your Account is referred to an attorney and/or collection agency and we prevail in a suit against you, in addition to the full amount owed and court costs, you agree to pay our reasonable attorneys’ fees and/or collection fees, or such lesser amount as may be permitted by applicable law.
9. CHANGE IN TERMS OR FEES. To the fullest extent permitted by applicable law, we reserve the right to change any term of this Agreement, including the amount and method of calculating the late payment fee, by giving you 10 days’ prior written notice. In this event, any change shall apply to the balance of your Account at that time, and to any future purchases.
10. CANCELLATION. We may cancel this Agreement as it relates to future purchase at any time.
11. GOVERNING LAW. This Agreement shall be governed by the laws of the state of Oregon, without regard to its choice of law provisions.
12. CHANGE OF ADDRESS OR BUSINESS PRACTICES. You will inform us if you change your address, ownership, or business practices.
13. CREDIT INVESTIGATION AND DISCLOSURE. You hereby authorize us to investigate your credit, employment and income records, and verify your credit references. You also authorize us to provide information about our credit and other experience with you to credit bureaus and other interested parties.
14. CREDIT AUTHORIZATIONS. Some purchases will require our prior authorization and you may be asked to provide identification. If our authorization system is not working, we may not be able to authorize a transaction, even if you have sufficient available credit. We will not be liable to you in any such event. We are not responsible for the refusal of anyone to accept or honor your credit.
15. UNAUTHORIZED USE LIABILITY. You may be liable for unauthorized use of your Account. You will not be liable for unauthorized use that occurs after you notify us of the change in authorized personnel. Notification must be in writing to Massif at 498 Oak Street, Ashland OR 97520, or by telephone (541) 488-0801.
16. WARRANTIES. Nothing contained herein shall constitute a warranty or representation on the part of Massif.
17. ASSIGNMENT OF ACCOUNT. You are not permitted to assign or transfer your rights under this Agreement to any party without the prior written consent of Massif. We may sell or assign all or any part of your Account without notice to you. If we do, this Notice (required by federal law) is intended to protect any claim or right you have against us : NOTICE: Any holder of this consumer credit agreement is subject to all claims and defenses which the debtor could assert against the seller of the products obtained pursuant hereto. Recovery by the debtor shall not exceed amounts paid by the debtor hereunder.
18. SHIPPING. FOB destination as listed on price quotes.
19. RETURNS. Returns must be accompanied by an RA (Return Authorization) issued by Massif.
20. PRODUCT MARKETING AND PACKAGING. You are not permitted to remove, cover, alter, obliterate, or replace any Massif hangtags or markings, including, but not limited to, the garment id number. You recognize and acknowledge that the garment ide number is a critical component of garment traceability and its integrity is necessary for safety/traceability reasons. You are not permitted to add any additional marketing materials or hangtags to Massif products without the prior written consent of Massif.
21. USE OF MASSIF TRADEMARKS. You agree to follow Massif’s instructions relating to the use of Massif’s name, logos, and trademarks in connection with any advertising of Massif products. You agree to submit all websites and website content to Massif for review prior to launch. Massif may request additions, clarifications, or changes if any products are not represented accurately.
22. ITAR. In the event that any products sold to you by Massif are governed by the International Traffic in Arms Regulations (“ITAR”) or any other law or regulation which requires an export license, you agree to comply with all such regulations prior to exporting any such products.
23. EXPORTS. In the event that any Massif products purchased have an ultimate destination outside of the U.S., you certify and represent that the final destination and end-use for all such products are permitted under U. S. Export Administration Regulations and will not be exported, re- exported, resold, or otherwise diverted (1) to any country not approved for export by U.S Export Administration Regulations (including, but not limited to: Iran, Syria, Sudan, N. Korea, Cuba, or Crimea region of Ukraine), or (2) to any person if it will result, directly or indirectly, in disposition of the items contrary to U.S. Export Administration Regulations or any statement or certification provided by Massif regarding end use, end user, and/or final destination. You agree to provide Massif upon request any information it deems necessary to ensure compliance.