Pre-Prepaid Credit Card Application

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1 SECURED FAX LINE: Pre-Prepaid Credit Card Application Firm Name: Date: # of Years in Business: Work Phone: Home Phone: Fax Number: Business Street Address: City: State: Zip Code: Preferred Method of Delivery: Mariak Truck Delivery FedEx Ground Shipment Common Carrier Will Call Is your delivery location accessible by Semi-Truck: Yes No For: (check one) Corporation Partnership Proprietorship Individual O W President: Home Street Address: N E City: State: Zip Code: R S Secretary: Home Street Address: H I City: State: Zip Code: P Owner s Social Security No: Owner s Date of Birth: Credit Card Users:,, F I Driver s License #:,, N A Billing Address: City: N C State: Zip Code: E Credit Card No: Credit Card Expiration Date: Credit Card Security Code: President s/owner s Authorization to Pay with Credit Card: WE ARE UNABLE TO ACCEPT THIRD PARTY CREDIT CARDS If Bill To and Ship To Addresses are different, please indicate: Ship To Addresses Bill To: Business Address: City: State: Zip Code: Ship To: Business Address: City: State: Zip Code: Sales Manager: (1)

2 Firm Name: Account Application Additional Terms and Conditions 1. Payments: All payments are to be made to MARIAK INDUSTRIES, INC. in U.S. Dollars at 575 West Manville Street, Rancho Dominguez, CA in immediately available funds, U.S. dollars only. 2. Title: Customer acknowledges and agrees that Customer does not acquire any right to sell, assign or dispose of merchandise until it is entirely paid for and that in the case of default of payment, MARIAK, its agents and assigns, are hereby authorized to take possession of and remove sold merchandise, on Customer s business premises or elsewhere, without demand or notice of any kind. 3. Venue and Jurisdiction: Customer agrees that any suit, action or proceeding arising out of or relating to the interpretation, performance or breach of these Terms and Conditions shall be instituted in the Municipal or Superior Court of the State of California located in Los Angeles County, and Customer irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of the State of California or otherwise in those courts in any suit, action or proceeding. 4. Governing Law: The validity, construction and performance of these Terms and Conditions shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California. 5. Remedies: MARIAK and Customer shall have all remedies afforded to each by the Uniform Commercial Code. 6. Amendment and Waiver: These terms and Conditions may be amended, modified or supplemented only by a writing executed by MARIAK. MARIAK may in writing waive any provision of these Terms and Conditions to the extent such provisions is for the benefit of the waiving party. No action taken by MARIAK shall be deemed to constitute a waiver by MARIAK of any provisions hereof. No waiver by MARIAK of any provision hereof shall be construed as a waiver of any subsequent or different breach, and no forbearance by MARIAK to seek a remedy for noncompliance or breach shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 7. Attorney s Fees and Costs: Customer agrees to pay all attorneys fees and all other costs and out-of-pocket expenses which may be incurred by MARIAK in the interpretation and/or enforcement hereof, whether or not suit is filed. 8. Orders and Acceptance. All orders from Customer shall be subject to written confirmation by Mariak. Mariak agrees that all purchase orders shall be expeditiously handled, and Mariak shall use its good faith best efforts to handle the volume of orders that customer may submit. Customer acknowledges, however, that all delivery estimates are estimates only and no guarantees can be given that any Customer order shall be deliver by a particular date and time, unless the parties have agreed thereto in a separate writing signed by Mariak. 9. Limitations on Liability. Mariak shall not be liable for indirect, special, incidental or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investment) whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Mariak or its representatives have been advised of the possibility of such damages, and even if the remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between Mariak and Customer. Mariak would not have been able to provide its goods and services without such limitations. The liability of Mariak shall be limited to the amount paid by customer hereunder. 10. Late Payments.Past due amounts are subject to late payment service charges of one and one half percent (1 ½%) per month, or the maximum rate allowed by law, whichever is greater. 11. Returns.All returns and credits must be preauthorized, in writing, and include a Return Goods Authorization number. No returned goods will be accepted without such authorization, and freight charges must be prepaid. 12. Limited Warranty. All Mariak products recovered by Mariak's Limited Warranty, the terms of which may be found on Mariak's website Entire Agreement. These terms and conditions constitute the entire agreement between Mariak and Customer. No waivers or modifications Shall be valid and must be in writing, signed by both parties hereto. This agreement shall apply and inure to the benefit of, and be binding upon, the heirs, executors, administrators, successors and assigns of the parties. (2)

3 Account Application Additional Terms and Conditions (continued) Pricing: All prices are subject to change without notice. General Terms: Strictly 30-day for open accounts with an established line of credit or status stated on invoice. A service charge of 1.5% per month will be added to past due accounts. Each returned check is subject to a $20.00 service charge. If you have credit terms with Mariak, please note that you may take your early pay discount as long as payment is received at Mariak on or by the 10 th day from the date of invoice. Payment must be in the form of check, check by fax, ACH or wire transfer. Early pay discount does not apply to Credit Card Payments. All Contract Orders can only be paid by check, check by fax, ACH or wire transfer. Credit Card payment will not be accepted for Volume Discounted Contract Orders. All prices are in U.S. Dollars and do not include freight, duties or taxes for shipments to Alaska, Hawaii or Canada. GST and VAT are not included in pricing. International: Wire letter of credit or U.S.A. bank cashier s check Freight & Delivery Policy: Please refer to the Mariak Truck, FedEx & Common Carrier Shipping Policy for complete details. Manufacturing Specifications: Manufacturing specifications, options, surcharges and pricing are subject to change without notice. Important Information Regarding Our Terms. Please Read Carefully! The undersigned, by submission of this Account Application, agrees to be bound by all of Mariak Industries, Inc. s Terms and Conditions, printed above hereof and incorporated herein by this reference. By signing below, the undersigned represents and warrants that the undersigned has read all of the said Terms and Conditions understands them and agrees to be bound by them. Signed By: Date: Printed Name & Title: Please return signed original! (3)

4 Phone (310) Toll-Free Phone (800) 5-MARIAK ( ) Toll-Free Fax (800) Local/International Fax (310) Account Application Seller s Resale Permit Number Pursuant to The Sales & Use Tax Law Firm Name: I hereby certify that I hold a valid seller s permit number Law; that I am engaged in the business of selling issued pursuant to the Sales and Use Tax that the tangible personal property described herein which I shall purchase from Mariak Industries, Incorporated 575 West Manville Street Rancho Dominguez, California will be resold by me in the form of tangible personal property: provided, however, that in the event any such property is used for any purpose other than retention, demonstration or display while holding it for sale in the regular course of business, it is understood that I am required by the Sales and Use Tax Law to report and pay for the tax, measured by the purchase price of such property. Description of property to be purchased: Vertical, horizontal, mini-blind, shutters, and roller shades components, materials and fabrics. Dated: Signature: at By and Title: Phone: Address: (4)

5 575 West Manville Street, Rancho Dominguez, CA Phone (310) or (800) 5-MARIAK ( ) LIMITED WARRANTY Mariak Industries, Inc. ("Mariak") warrants to the original purchasers of its products, upon the terms of this Limited Warranty, that if installed, used and maintained according to Mariak's written instructions, the products will be free from manufacturing defects for the reasonable lifetime of the project for which to product was originally purchased, effective from the date of purchase by the original purchaser, not to exceed twenty-five (25) years. No salesperson, dealer, retailer nor any representative of Mariak has the authority to modify this Limited Warranty in any way, either verbally or in writing. No other warranties are made except as set forth herein, and said Warranty is limited by the following terms and conditions: This Warranty shall remain in effect only if Mariak's product has been installed by an authorized dealer, and maintained, cleaned, treated and used correctly. This Limited Warranty shall not apply if the product has been damaged due to alteration, accident, misuse, misapplication, improper installation, abuse, normal wear and tear, exposure to the elements, improper maintenance or handling, fire, flood, or other acts of God. LIMITED WARRANTY LIMITATIONS 1. Product Use: This Limited Warranty applies only in respect to products that are used strictly for the purpose in which they were designed, manufactured, sold and intended. 2. Specific Products: Cords used in aluminum blinds, vertical blinds, cellular shades and roman shades are warranted for a period of three (3) years from the date of purchase by the original purchaser. Electric motors and electronic controls shall be warranted for a period of five (5) years and one (1) year, respectively, from the date of purchase by the original purchaser. Mariak warrants Exterior Roller Shade Fabrics for a period limited to ten (10) years. The Exterior Roller Shade warranty excludes any problems with shades due to the operation of the shade by the end user during inclement weather conditions, which will result in wrinkling of the fabric and improper function of the shade. Exterior Roller Shades are not designed to operate under windy and rainy weather conditions. Fading and discoloration are a natural occurrence over time and are not covered under this Limited Warranty. 3. Replacement Parts or Repairs: Mariak reserves the right to discontinue or change any of its products as currently manufactured, at any time. If Mariak determines to make a replacement under the terms of this Limited Warranty and exact replacements are not available, Mariak reserves the right to substitute a part or parts of equal quality at its sole option. 4. Warranty Limitations: (a) (b) (c) (d) THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT ARISING FROM ANY TRADE USAGE OR COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OF MANUFACTURER. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY PRODUCT COVERED BY THIS LIMITED WARRANTY, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF TIME OR INCONVENIENCE, OR EXPENSES SUCH AS TELEPHONE, TOWING, CRANE AND HAUL OUT CHARGES. IN NO EVENT SHALL MANUFACTURER'S LIABILITY HEREUNDER EXCEED THE COST OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALSO, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXCLUSIONS FROM LIMITED WARRANTY COVERAGE The following are excluded from coverage under this Limited Warranty: 1. Exposure to air pollutants and normal atmosphere conditions may cause vinyl surfaces to gradually suffer an accumulation of surface dirt and stains. These are normal occurrences and are not covered under Mariak's Limited Warranty. 2. Any defect, malfunction or failure to perform, which has occurred because of unreasonable use, improper application or failure to perform reasonable or necessary maintenance. 3. Any damage to the products or components of the products caused by settlement or structural defects of the building in which they are installed. 4. Any damage caused by wind, hail, lighting, rain, or other Acts of God, intentional acts, accidents, negligence, exposure to harmful chemicals or pollutants. 5. Any damage or defect caused by any person, licensed or not, who, after the product's manufacture, handled, transported or installed the Mariak product, regardless of that person's relationship to Mariak. 6. Any product which has been repaired or modified or attempted to have been repaired or modified by any person other than a duly authorized representative of Mariak. In the event that any part or provision of this Limited Warranty shall conflict with any present or future law, statute, ordinance, regulation or ruling, the latter shall prevail; provided, however, that the part or provision of this Limited Warranty which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of law, and all other parts and provisions of this limited warranty shall remain in full force and effect. In compliance with the latest manufacturing safety guidelines Mariak includes with each fully-assembled product warning tags, warning labels, safety devices and cord cleats. Installers of the finished product must adhere to the safety guidelines as established by the installation instructions and by using all devices provided by the manufacturer. It is the responsibility of the installer, as well as the end consumer, to see that all safety devices are properly installed according to the manufacturers installation instructions included with each device and remain so throughout the life of the product. For service under this Limited Warranty, please contact Mariak Industries, Inc., 575 W. Manville Street, Rancho Cucamonga, California 90220, telephone (310) Please have available the proof of purchase and the purchase date and location, in addition to a detailed description of the problem. Mariak shall not be liable for shipping costs for product inspection, service or repair, and is not liable for damages or loss occurring during shipping. Please visit for the most recent downloads and product specifications. (5)

6 Firm Name: Account Application Customer Personnel Information Your address will help expedite online ordering & information requests for invoices and statements. Dear Valued Customer, In order to expedite your orders, please fill out the information below as complete as possible. Providing us with direct contact information for your staff will assist our sales personnel in clearing up any questions pertaining to orders. Account # Customer: President/Owner: Online Administrator: (secure user) Sales Manager: Customer Service: Accounts Payable: Lead Installer: Project Manager: Project Manager: (6)

7 Credit Card Authorization Account Name Account Number Telephone Number I authorize Mariak Industries, Inc. to charge the following payments to the credit card I have listed below. Invoice or Work Order # Sidemark Amount Charged KEEP ON FILE FUTURE ORDERS Sub Total Freight Total Billed Credit Card: American Express Master Card Visa Discover Card Number Expiration Date Address for this Card Zip Code for this Card V- Name on Card: Signature: Date: SECURED FAX LINE: (7)

8 Account Application Extension List for Key Mariak Personnel Thank you for submitting an Account Application with Mariak. We appreciate the opportunity to provide you with our full line of window covering products. In an effort to expedite all of your service needs, the following list of personnel, along with their direct phone extensions, addresses, & department fax numbers, is provided for your convenience. Inside Sales & Customer Service: Rossana Burns Inside Sales Manager 813 (424) Brandon Perez Inside Sales 812 (424) Rose Correa Customer Service 864 (424) Cindy Dominguez Customer Service 845 (424) Fernando Casique Customer Service 873 (424) Contract Sales: Kenny Rachal Contract Sales Manager 811 (310) Mark Diehl Contract Sales 833 (310) Lily Arredando Contract Sales 868 (310) Liliana Valle Contract Sales 874 (310) National Accounts: Yrma Tapia National Accounts Customer Service Supervisor 859 (310) Rhonda Madrid National Accounts Customer Service 894 (310) Christian Gurule National Accounts Customer Service 898 (310) Ryan Martinez National Accounts Customer Service 872 (310) Accounts Receivable: Alex Gurule Accounts Receivable Collections & RGA s 861 agurule@mariak.com (310) Ivett Garcia New Accounts & RGA s 867 igarcia@mariak.com (310) Isabel Estrada Accounts Receivable Billing 820 iestrada@mariak.com (424) Administrative: Leo Elinson President 801 lelinson@mariak.com (310) Beatrice Burdman Chief Operating Officer 805 bburdman@mariak.com (310) Lorena/Deena Data Processing/Order Entry - lsilva@mariak.com (800) PLEASE RETAIN THIS PAGE FOR YOUR COMPANY S USE! Revision Date: (8)

Limited Warranty and Terms of Sale Revised 8/1/17

NUNOERIN, LLC LIMITED WARRANTY AND TERMS OF SALE ABOUT OUR PRODUCTS AND WARRANTIES NunoErin, LLC manufactures, assembles and sells interactive light tables, benches and/or wall panels and related products