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16182 Gothard Street, Unit I <br />Huntington Beach, CA 92647 <br />Tel: 714-847-5957 / Fax: 714-847-5958 <br />16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 <br />Pumping Station Specialists <br />CA Lic# 665995 <br /> INT.____________ <br />paperwork furnished at the Buyer's request, such as sketches, drawings and specification sheets will be <br />charged at the Seller’s cost. <br />3.Any claim for defects, damages or shortages of an order delivered must be made by the Buyer in writing <br />and delivered to the Seller within a period of ten (10) days after delivery. Failure to make such a claim <br />within the specified time constitutes an acceptance and admission that the order fully complies with <br />the terms, conditions and specifications required. The Seller's liability shall be limited to the stated <br />selling price of any defective goods and shall in no event include special or consequential damages, <br />including profits (or profits lost). <br />4.The Buyer bears the risk of loss of or damage to or destruction of the goods from the time of delivery. <br />The Seller retains title to the goods until the Buyer pays the entire purchase price as specified plus any <br />interest thereon. If requested by Seller, Buyer shall execute a security agreement and financing <br />statement evidencing Seller's security interest in the goods delivered to Buyer <br />5.If the credit of Buyer in the judgment of the Seller becomes impaired at any time, the Seller has the <br />right to require payment in advance before making further shipments, and to demand immediate <br />performance of the Buyer of all obligations imposed upon him by this agreement. <br />6.If there is any breach of or default under this agreement and if the same is placed in the hands of an <br />attorney for collection, or if collected by lawsuit or through the probate or bankruptcy court, or if any <br />action of foreclosure be had hereunder, Buyer shall be liable for reasonable attorney's fees incurred by <br />the Seller. In the event of default by Buyer, Seller may immediately proceed to enforce payment of <br />Buyer's obligation and exercise all the rights and remedies provided by the Business and Commerce <br />Code of the State of California, or the Uniform Commercial Code, as well as any other rights and <br />remedies afforded to Seller by law. Should Buyer be in default, Seller may require Buyer to return all <br />goods previously delivered to Buyer by Seller, and any subsequent expenses for retaking, holding, <br />preparing for sale, and reselling of such goods shall be at Buyer's expense. Funds realized from such <br />resale shall be credited to the Buyer’s unpaid account. <br />7.The Seller, or any credit bureau or investigating agency employed by the Seller, is hereby authorized to <br />investigate the references herein listed or statements or other data obtained from the Buyer or from <br />any other persons pertaining to the Buyer's credit or financial responsibility. The Buyer has read and <br />understands the foregoing terms and conditions of this application for credit and has signed the same <br />as an indication of intent to enter into an agreement with Seller for the future purchase of goods and <br />services from time to time. The Buyer also understands that upon acceptance of this application by the <br />Seller, this document constitutes an agreement between the Buyer and the Seller for payment of debts <br />owed to the Seller in return for the delivery of goods ordered or performance of services requested by <br />Buyer. <br />8.The terms herein contained shall be governed by the statutes of the State of California and specifically <br />the Business and Commerce Code of the State of California and the Uniform Commercial Code. In the <br />event that any account owing by Buyer to Seller becomes delinquent, and legal proceedings are <br />instituted for collection of said account or indebtedness, such legal proceedings may be instituted and <br />prosecuted against Buyer and its guarantors, if any, in any Court in Orange County, California, and the <br />undersigned expressly agrees that venue for such proceeding shall be in Orange County, CA, even if the <br />principal offices of the Buyer are located in another county within this state or outside of this state. <br />Page 193 of 658