TERMS AND CONDITIONS
By clicking “I Agree”, the undersigned company acknowledges and agrees to the following terms and conditions:
This Terms and Conditions Agreement (“Contract”) is entered into between Climate Solutions Windows & Doors, Inc. (“Climate”) and the company accepting these terms (“Company”).
In consideration of Climate manufacturing certain products and/or extending a line of credit based on the Company’s credit report, the Company hereby absolutely and unconditionally guarantees:
- Full performance and observance of all covenants, conditions, and agreements, including but not limited to the prompt payment based on terms granted for all products ordered from Climate.
- Payment. Payment of all costs, including reasonable attorney fees and court costs incurred by Climate in collecting any unpaid amounts owed by the Company.
- Financing. Company agrees and acknowledges that Climate may but is not required to provide a line of
credit.
- Returned Checks. There will be a Seventy-Five Dollars ($75.00) fee assessed for each returned check.
- Interest. Company agrees to pay interest at the rate of eighteen percent (18%) annually to the extent permitted by law on any and all sums that are not paid when due.
Payment, Financing, and Interest Terms. The Company agrees that payment terms, including required down payments, payment schedules, and any applicable interest, are determined solely by Climate based on a review of the Company’s credit report and internal credit policies. All payment obligations must be satisfied according to the terms provided in Climate’s invoice and/or credit agreement. Failure to meet payment terms may result in suspension of services, revocation of credit privileges, or legal action.
Costs and Fees. Company shall be liable and shall pay to Climate any and all costs, including, but not limited to, attorneys’ fees and court costs, incurred by Climate in connection with enforcement of the terms of this Contract.
Severability. The provisions contained in this Contract shall be construed as an agreement independent of any other provision in this Contract. If any sentence, paragraph, clause or combination of the same of this Contract is in violation of the law of State of Illinois, such sentence, paragraph, clause or combination of the same shall be void and the remainder of such paragraph and this Contract shall remain binding on the parties to the extent that it may be lawfully done under existing applicable laws.
Governing Law. This Contract shall be governed by the laws of the State of Illinois without reference to conflict of law principles of that State. Climate hereby submits to jurisdiction in the State of Illinois for the enforcement of this Contract and waives any and all rights to object to such jurisdiction for the purposes of litigation to enforce this Contract. The Climate hereby consents to the jurisdiction of any Circuit Court of Cook County for the First District of Illinois, Municipal Division, Illinois, or the United States District Court for the First District of Illinois, in any action, suit or proceeding which Climate may wish to file at any time in connection with this Contract or any related matter.
WAIVER OF TRIAL BY JURY. CLIMATE, TO THE FULLEST EXTENT THAT THEY MAY LAWFULLY DO SO, HEREBY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY CLIMATE WITH RESPECT TO THIS CONTRACT OR ANY OTHER MATTER RELATED TO THIS CONTRACT OR THE PAYMENT OF ALL SUMS DUE TO CLIMATE BY COMPANY.
Entire Agreement. The Parties acknowledge and agree that this Contract, front and back and any specification sheets, Warranty Agreement/Certificate, addendums, Know Your Consumer Rights, or Notice of Right to Cancel attached hereto and incorporated herein by reference, constitute the entire Contract and understanding between the Parties, and no representations, promises, or other warranties, expressed or implied, have been made. This Contract shall not be amended or modified except by a written instrument executed by the Parties.
I HAVE READ AND UNDERSTAND THE AFORESAID TERMS AND CONDITIONS AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH THEREIN.