1. The signature of the authorized agent of the business in this document constitutes an agreement by the Business with Schenck Foods Company, Inc., to open an account whereupon Schenck Foods Company, Inc. will provide when available ordered amounts of product to the business, and the Business agrees to pay in full any outstanding account within their credit term for any goods or services provided to the Business by Schenck Foods Company, Inc., unless agreed upon in advance in writing by both the Business and Schenck Foods Company, Inc.
2. In the event that payment for goods or service is not made by the Business to Schenck Foods Company, Inc., timely and in full as set forth above, the Business shall be considered in default of its obligations herein and Schenck Foods Company, Inc., shall be entitled to initiate collection efforts on said open account by whatever means it deems advisable. A default in the payment of the outstanding account shall without notice or demand render the entire unpaid balance of the total account with accrued interest at once due and payable, and acceptance of any partial payment after default shall not constitute a waiver of such default. If judgement be obtained by Schenck Foods Company, Inc., on account of the Business' default hereunder, then the business and/or any guarantors hereto agree to pay the judgement amount and court costs, together with reasonable attorneys' fees agreed to be equal to twenty-five percent (25%) of the outstanding balance and interest at the legal rate from the date of judgement. In addition, whether or not any legal action on the account is initiated, the Business and/or guarantors hereto agree to pay to Schenck Foods Company, Inc., all of the expenses of collection including but not limited to attorneys' fees and all other costs.
3. All parties to this agreement, including guarantors, severally waive presentment, demand, notice of non-payment and protest, and severally consent that the time of payment may be extended any number of times without notice of further consent, hereby binding themselves, jointly and severally, unconditionally for the full payment hereof in principal and interest of any outstanding accounts by the Business.
4. The parties hereto agree that this contract to provide goods and services is entered into in the County of Frederick, Virginia.
5. By the signature of the applicant, you hereby authorize Schenck Foods Company, Inc., to run a full investigation of your credit history, including but not limited to obtaining a consumer credit report.