Flipbook TEST

PERSONAL GUARANTEE

Return via email to: AR@winebow.com

FINE WINE + SPIRITS

REP NAME:

DATE:

TERMS AGREEMENT I understand that the purpose of this credit application is for obtaining credit. I therefore authorize a credit investigation including but not limited to credit bureau and D & B reports, calls to trade references, and bank inquiries. I warrant and represent that the above in- formation is true and accurate, that I am legally empowered to authorize such an investigation, to open an account with Winebow, and to enter into binding agreements. Insofar as allowed by applicable laws, Winebow reserves the right to reinvestigate and/or change extended credit terms at any time. I also understand and agree to Winebow’s term of sale as follows: 1. All sales are made in accor- dance with state law and are due on the date specified on invoice. 2 In the event of default, should legal action be necessary due to non-payment, balances due are subject to interest at the rate of one and one-half percent (1.5%) per month, retroactive to the date of invoice, or maximum allowable by state law, whichever is greater. 3. I agree to pay all reasonable costs and attorney’s fees (including, but not limited to, court costs, filing fees, and expert fees, among other costs) necessary for collection and enforcement, in addition to any relief that may be granted. 4. Regardless of licensee ‘s location, any dispute between Winebow and licensee may be filed in the courts at Winebow’s choice. 5. A charge of $30.00 will be assessed for each occurrence of a check returned by the bank unpaid. GUARANTY In consideration of Winebow granting credit to ___________________________________________(“purchaser”) for the purchase of merchan- dise from Winebow the undersigned guarantor(s) does hereby unconditionally guarantee prompt repayment, when due, of all amounts advanced by Winebow to purchaser for use in purchaser’s business described above. If purchaser defaults in the payment of any such indebtedness, guarantor(s) will pay to Winebow on its order or demand the amount due. 1. This is an open and continuing guaranty. Notice of acceptance is waived. This guaranty shall remain in full force until guarantor(s) delivers to agreement with respect to any in- debtedness incurred subsequent to such delivery. Such revocation shall not affect any obligation under this agreement with respect to any indebtedness incurred by purchaser. 2. Guarantor(s)’ liability will continue notwithstanding the incapacity, death, or disability of any person. This failure byWinebow to file or enforce a claim against the estate (either in receivership, bankruptcy, or other similar proceeding) of purchaser or of any person shall not effect guarantor(s)’ liability under this instrument. Nor shall guarantor(s) be released from liability if recovery from purchaser, any other guarantor, or any other person, becomes barred by any statute of limitations or is otherwise prevented. 3. Guarantors(s) waives notice and any right to require Winebow to proceed against purchaser as a prerequisite to the enforcement of the guaranty. 4. Guarantor(s) agrees that in the event the indebtedness being guaranteed herein is the indebtedness of a trust, or of any entity of which the trust is a shareholder or partner, as set forth in the applicable paragraph A hereinabove, that guarantor(s) expressly waives any and all rights conferred upon guarantor(s) by applicable state laws to the extent it protects a trustee and trust from liability for contracts entered into by the trustee on behalf of a trust. Guarantor(s) understands and acknowledges the significance and consequence that WINEBOW may proceed against the trust as permitted by applicable state law.

IN WITNESS WHEREOF the undersigned Guarantor(S) have executed this guaranty this day of , 20 .

GUARANTOR SIGNATURE

GUARANTOR NAME (PRINT)

GUARANTOR TITLE (PRINT)

GUARANTOR SIGNATURE

GUARANTOR NAME (PRINT)

GUARANTOR TITLE (PRINT)

WITNESS SIGNATURE

WITNESS NAME (PRINT)

WITNESS

COMPANY/TITLE

(PRINT)

OFFICE USE ONLY

REC’D DATE:

ACCOUNT#:

CHAIN CODE:

PROJECT CODE:

APPR’D DATE:

APPROVED BY:

CREDIT TERMS:

CREDIT LINE:

20 Hook Mountain Road • Suite 103A • Pine Brook, NJ 07058 | PH: 201.445.0620 • FX: 201.930.2413 | Winebow.com