The foregoing terms and conditions are applicable to the following Ace Hardware stores in the central Florida area: Conway Ace Hardare, Inc., Bray Hardware Company, Inc., Orlando Ace Hardware, Inc., Groveland Ace Hardware, Inc., Maitland Ace Hardware Company, Inc., Avalon Ace Hardware, Inc., Colonial Ace Hardware, Inc., University Ace Hardware, Inc., Aloma Ace Hardware, Inc., Hamlin Ace Hardware, Inc., South Lake Ace Hardware, Inc., South Orange Ace Hardware, Inc., and Windermere Ace Hardware, Inc. (hereinafter collectively referred to as “Toole’s Ace Hardware”).

Customer acknowledges and agrees that all invoices are due and payable within thirty (30) days from the invoice date (“NET 30”). Any balance not paid when due shall constitute a default. Any balance remaining unpaid for more than thirty (30) days shall accrue a finance charge at the rate of one and one-half percent (1.5%) per month (18% per annum), or the maximum lawful rate permitted under applicable law, whichever is less.

Upon default in payment, Toole’s Ace Hardware may, in its sole discretion and without prior notice, suspend or terminate Customer’s credit privileges, refuse future deliveries or sales, require cash in advance, and/or declare all outstanding balances immediately due and payable.

Customer agrees to pay all costs and expenses incurred by Toole’s Ace Hardware in collecting any past due amounts, including reasonable attorney’s fees, court costs, collection agency fees, and expenses, whether or not litigation is commenced, and including fees and costs incurred in appellate proceedings, bankruptcy proceedings, and post-judgment collection efforts.

Customer and Toole’s Ace Hardware knowingly, voluntarily, and intentionally waive any right to trial by jury in any action, proceeding, claim, or counterclaim arising out of or relating to any credit account, invoice, purchase, rental, or other transaction between the parties.

Customer expressly waives any rights to claim exemption under the laws of the State of Florida or any other state with respect to collection of amounts due hereunder, to the fullest extent permitted by law.

Customer authorizes Toole’s Ace Hardware to investigate Customer’s creditworthiness and to obtain credit reports, bank references, trade references, and other financial information concerning Customer from any credit reporting agency, financial institution, or other source. Customer further authorizes all references and financial institutions to release such information to Retailer.

Customer represents and warrants that all information provided in connection with this credit application is true and correct. Any false, misleading, or incomplete information may result in denial, suspension, or termination of credit privileges.

Any check, ACH payment, or other payment returned for insufficient funds (“NSF”) or dishonored for any reason shall be subject to the maximum service charge permitted under Florida law, together with any bank fees, collection costs, and attorney’s fees incurred by Toole’s Ace Hardware.

Customer agrees that electronic signatures, electronic acceptances, electronic invoices, and electronic communications shall be deemed valid and enforceable to the fullest extent permitted by applicable law, including the Florida Uniform Electronic Transaction Act.

The undersigned acknowledges and agrees to be bound by Toole’s Ace Hardware’s invoices, terms and conditions of sale, and any other written credit terms provided by Toole’s Ace Hardware from time to time.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that exclusive venue and jurisdiction for any dispute arising out of or relating to this Agreement or the transactions contemplated herein shall lie in the state courts located in Orange County, Florida. Customer expressly consents to personal jurisdiction in such courts.