Terms & Conditions – Julius Silvert

1. The undersigned purchaser hereby agrees that all amounts due for goods and services purchased from Julius Silvert, Inc. are payable at the remittance address: PO Box 824559, Philadelphia, PA 19182-4559.2. The undersigned purchaser agrees that all amounts due to Julius Silvert, Inc. are payable within agreed upon terms. All pricing and invoicing is based on an ACH or check discounted price. All other methods of payment will be billed at full price, which is a 3% increase to the total discounted price on this invoice before taxes. If any amount due is not paid within said period, a late payment charge of the lesser of (i) 1.5% monthly or (ii) the maximum permitted by law on any unpaid balance will be charged to the account.

3. The undersigned purchaser agrees to pay, in the event the account becomes delinquent and is turned over to an attorney for collection, all reasonable attorney’s fees and cost of suit.

4. The undersigned agrees to notify Julius Silvert, Inc. by certified mail of any pending change of ownership of the Company and further agrees to be liable for all purchases should the undersigned fail to comply with said notification. In the event that this guaranty is executed by more than one person, then, in such event, the liabilities and obligations of the undersigned hereunder shall be joint and several and the relative words herein shall be read as if written in the plural.

5. The parties hereby acknowledge that the goods and/or services purchased from Julius Silvert, Inc. are not payable in installments, but are payable in full as stated herein.

6. We hereby authorize Julius Silvert, Inc. to contact the references listed pertaining to my/our credit and financial responsibility.

7. The Undersigned Purchaser hereby agrees and consents to the exclusive jurisdiction of the county of Philadelphia, Pennsylvania, relative to any claims arising out of or relative to this agreement.

A monthly service charge of 1.5% (18% per year) will be applied to all invoices over 30 DAYS old. The purchaser agrees to pay all costs of collection including a reasonable attorney’s fee in the event invoices are placed with an attorney for collection whether a lawsuit is brought or not. Purchaser shall pay seller a bank fee for all returned checks by the bank.

Purchaser herein consents to the entry of Confession of Judgment on failure to make payment within reasonable terms as defined by Julius Silvert Inc. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5© of the Perishable Agricultural Act. 1930 (7 U.S.C 499e ©)). The seller of these commodities retains a trust claim over these commodities. All inventories of this food and other products delivered from commodities and any receivable proceeds from the sale of these commodities until full payment is received.

To secure the full and timely payment by applicant to seller of a existing and hereafter arising amounts due to seller, applicant hereby grants seller a priority (purchase money) security interest and lien to all goods, inventory, equipment and fixtures sold to applicant by seller from time to time, and separate security interest in all other assets of applicant, including without limitation, all of the applicants now existing or owned hereafter arising or acquired accounts; (B) goods for sale, lease or other disposition which have given rise to accounts and have been returned to, prepossessed or stopped in transit by applicant; (C) goods, including and without limitation, inventory equipment, fixtures and vehicles. Applicant hereby authorizes seller to file and perfect any and all statutory lien rights and any rights under indemnity or performance bonds at any time regardless of whether payment is due to seller under seller’s payment terms with the applicant.

Applicant hereby authorizes seller to prepare and file any Uniform Commercial Code (“UCC”) financing statements and amendments to UCC financing statements and any other filings or recordings in all jurisdictions where seller determines appropriate without applicant’s signature and authorizes seller to describe the collateral in such financing statements in any manner as seller determines appropriate.