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Purchase Agreement:
In this agreement "Buyer" shall mean the entity indicated on the first page as "Buyer" and any affiliated entity purchasing from Southside Fuel shall mean Southside Petroleum Marketing, Inc., a Virginia Corporation, and any affiliated company.
Buyer represents and warrants that the information provided in this application and agreement is true. Buyer understands that any sales by Southside Fuel to Buyer are subject to credit approval. This agreement shall become binding upon the acceptance of Southside Fuel.
Upon acceptance of the terms as indicated by signature below, Southside Fuel shall sell and Buyer shall purchase such quantities of such products and at such prices as Southside Fuel and Buyer shall hereafter from time to time agree, orally or in writing. Buyer agrees to check the products upon delivery, as well as the quality and price thereof, to verify that such conform to the agreement of the parties, and to notify Southside Fuel in writing within five (5) days of any dispute. Southside Fuel shall use its best efforts to deliver products on the dates requested, but time of delivery is not of the essence of this agreement.
Buyer agrees to pay the purchase price for the products sold pursuant to this agreement in accordance with the credit terms as specified. The payment terms may be changed from time to time with notice to the Buyer. Sums due Southside Fuel hereunder are payable at Southside Fuel's offices in Richmond, Virginia. It is further understood and agreed that if invoices are not paid according to terms of sale, that the account will be considered past due, further deliveries of fuel will be suspended until all monies due Southside Fuel are brought within terms and will be subject to a finance charge of 1 ½% to be computed on the average daily balance which is determined by dividing the sum of the balances outstanding for each day of the monthly billing period by the number of days in the monthly billing period. The balance outstanding for any given day is determined by adding the previous day's ending balance (excluding any unpaid finance charge) to any purchases or miscellaneous credits. If Southside Fuel resorts to legal or equitable remedies to enforce the terms of this agreement, the Buyer agrees to pay reasonable attorney's fees. If such proceeding is to collect sums due, Buyer agrees that a reasonable attorney fee is 25% of the sums due to Southside Fuel.
This agreement may be terminated by giving five (5) day written notice to the other.
In consideration of the extension of credit by the Seller to Buyer herein, the undersigned jointly and severally guaranty to pay and be responsible for all sums, balances and accounts due Seller by Buyer plus any cost of collection including attorney's fees of 25%. This shall be an open and continuing guaranty and shall continue to force notwithstanding any change in the form of such indebtedness, or renewals or extensions granted by the Seller, without obtaining any consent thereto from guarantors. Any such revocation shall not in any manner affect guarantor's liability as to any indebtedness existing prior thereto. Guarantors waive notice of default or nonpayment. Any delay on Seller's part in exercising any right hereunder, or taking any action to collect or enforce payment of any obligations hereby guaranteed, either as against the Buyer or any other person primarily or secondarily liable with the Buyer, shall not operate as a waiver of any such right or in any manner prejudice Seller's rights against any guarantor. In the event of any default by Buyer, Seller shall be entitled to collect from any or all guarantor for the full amount owed without prior demand or notice or commencing any collection action against buyer.
Current Payment Terms: Net thirty (30) days from date of delivery upon approved credit.
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