CREDIT AGREEMENT-TERMS AND CONDITIONS-ELECTRONIC APPLICATION
The undersigned credit applicant, whether one or more (“Applicant”), jointly and severally provide the information on the preceding page for the purpose of obtaining credit from Wabash Valley Service Company (“COMPANY”). Applicant certifies all of the information on the application or provided to Company is true, accurate and complete. Applicant authorizes COMPANY to obtain any information or documents concerning any statements or references made to COMPANY. Applicant authorizes COMPANY to request and obtain consumer reports from consumer reporting agencies to consider this application, to review the account or collect any amount due from Applicant. In consideration of the COMPANY extending credit to Applicant for goods, merchandise and services sold or delivered by COMPANY to Applicant, the Applicant agrees to the credit terms stated below. The disclosures and information are made and given in accordance with the requirements of the Federal Truth-in-Lending Act.
1. The COMPANY will send a monthly statement (“Statement”) detailing the amounts charged and/or paid by Applicant. If the amount due the COMPANY is not paid in full by the due date indicated in the Statement, a FINANCE CHARGE will be computed and charged on the unpaid balance accruing from the Statement date. The unpaid balance will include any charges remaining unpaid from a previous Statement after deducting payments and/or credits received during the current billing cycle. The FINANCE CHARGE shall be calculated and added to the amount due on each Statement for as long as there remains an unpaid balance due COMPANY.
2. The amount of such FINANCE CHARGE will be computed on the unpaid balance at a periodic rate of 2.0% per month on such unpaid balances. (Minimum FINANCE CHARGE IS $1.) This represents an ANNUAL PERCENTAGE RATE OF 24.0%.
3. Credit privileges will be extended for a period of 10 days from the due date of the Statement. If the Statement is not paid in full within 10 days of the due date of the Statement, COMPANY may at its option decline to extend further credit until the full amount due COMPANY is paid.
4. In the event of non-payment, Applicant shall be responsible to pay all collection costs, including reasonable attorney’s fees, court costs, service fees, accrued and unpaid interest, witness fees and other expenses incurred by COMPANY to collect any and all monies due.
5. For consumer goods, Applicant consents to suit being filed in the county of Applicant’s residence or the county where the goods and services were purchased. In all non-consumer purchases, Applicant consents to jurisdiction in the Circuit Court of Edwards County. Applicant waives any right to trial by jury.
6. In Case of Errors or Inquiries About Your Bill: The Federal Truth-in-Lending Act (“Act”) requires prompt correction of billing mistakes.
6.1. If Applicant (“you”) want to preserve your rights under the Act, here is what to do if you think your bill is wrong or if you need more information about an item on your bill:
a. Do not write on the bill. On a separate sheet of paper write (you may telephone your inquiry but doing so will not preserve your rights under the Act) the following:
i. Your name and account number;
ii. A description of the error and an explanation (to the extent you can explain) why you believe it is an error; If you only need more information, explain the item you are not sure about and, if you wish, ask for evidence of the charge such as a copy of the charge slip. Do not send in your copy of a sales slip or other document unless you have a duplicate copy for your records.
iii. The dollar amount of the suspected error;
iv. Any other information (such as your address, phone number and Email), which you think, will help the COMPANY to identify you, assist in your inquiry, and the reason for your complaint or inquiry.
b. Send your billing error notice to the address on your bill, which is listed after the words: “Send Inquiries To.” Mail it as soon as you can, but in any case, early enough to reach the COMPANY within 60 days after the bill was mailed to you.
6.2. The COMPANY must acknowledge all letters pointing out possible errors within 30 days of receipt, unless the COMPANY is able to correct your bill during those 30 days. Within 90 days after receiving your letter, the COMPANY must either correct the error or explain why the COMPANY believes the bill was correct. Once the COMPANY has explained the bill, the COMPANY has no further obligation to you even though you still believe that there is an error, except as provided in paragraph 6.5 below.
6.3. After the company has been notified, neither the company nor an attorney nor a collection agency may send you collection letters or take other collection action with respect to the amount in dispute; but periodic statements may be sent to you, and the disputed amount can be applied against your credit limit. You cannot be threatened with damage to your credit rating or sued for the amount in question, nor can the disputed amount be reported to a credit bureau or to other creditors as delinquent until the COMPANY has answered your inquiry. However, you remain obligated to pay the parts of COMPANY’S Statement not in dispute.
6.4. If it is determined that the COMPANY has made a mistake on your bill, you will not pay any finance charges on any amount billed in error. If the COMPANY has not made an error, you will have to pay finance charges on the amount in dispute, and you will have to make up any missed minimum or required payments on the disputed amount. Unless you have agreed that your bill was correct, the COMPANY must send you a written notification of what you owe; and if it is determined that the COMPANY did not make a mistake in billing the disputed amount, you must be given the time to pay which you normally are given to pay undisputed amounts before any further collection actions are started.
6.5. If the COMPANY’s explanation does not satisfy you and you notify the company in writing within 10 days after you receive their explanation that you still refuse to pay the disputed amount, the COMPANY may report you to credit bureaus and other creditors and may pursue regular collection procedures. But the COMPANY must also report that you think you do not owe the money, and the COMPANY must let you know to whom such reports were made. Once the matter has been settled between you and the COMPANY, the COMPANY must notify those to whom the COMPANY reported you as delinquent of the subsequent resolution.
6.6. If the COMPANY does not follow these rules, the COMPANY is not allowed to collect the first $50.00 of the disputed amount and finance charges, even if the bill turns out to be correct.
6.7. All Applicants are jointly and severally liable for all amounts owed on the account. In the case of a limited liability company (LLC), corporation or partnership, all LLC members, corporation shareholders and partners are required to personally, jointly and severally, and unconditionally guarantee payment of the account. The failure of any member, shareholder or partner to sign this application does not relieve any other member, shareholder or partner from liability on the account. If any other person guarantees the account (Guarantor), the Guarantor is jointly and severally liable with Applicant for all amounts due on the account.
6.8 This application may be submitted electronically to Company. Signatures made electronically, or typed with a “/s/ your signature,” are deemed valid, genuine and authentic signatures admissible in court. If you fail to dispute your signature to this application with 10 days after COMPANY mails you a copy of the submitted application, your signature is admitted by you to be authentic.
6.9 The Federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract in accordance with applicable State law); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this FS COMPANY is the Federal Trade Commission, Washington, D.C. 20580.