These terms and conditions (“Agreement”) apply to your (“Company”) purchase of product(s) sold by Smoky Mountain Nutrition, LLC using Net 30 credit terms. By submitting an order, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must Smoky Mountain Nutrition, LLC immediately.
- The terms of payment are that payment is due to be received no later than thirty (30) days from the shipping date set forth in each respective invoice. If any part of Company’s account becomes past due, then the entire account shall become due and payable immediately. Upon Company’s default by failing to pay Smoky Mountain Nutrition, LLC when due, Smoky Mountain Nutrition may pursue any remedy available at law or in equity to collect, enforce or satisfy Company’s debt to Smoky Mountain Nutrition, LLC
- In the event that any debt is not paid in accordance with the terms of any invoice between SwimSpray, LLC and Company (“Default”), Company shall pay to Smoky Mountain Nutrition, LLC interest on the entire outstanding balance due and owing to Smoky Mountain Nutrition, LLC by Company at the rate of one percent (2%) per month (24% per annum) or at the highest interest rate allowable by law, if Said interest shall commence and accrue as of the date of the first Default and shall continue until the entire outstanding balance shall be fully paid.
- This Agreement shall be governed by the laws of the Commonwealth of Company agrees that all controversies arising out of, or under, this Agreement may be filed and resolved in the courts of Davidson County, Tennessee. Company agrees and consents that jurisdiction and venue are proper in these specified courts, and Company waives all defenses it may have to that jurisdiction and venue.