Terms of payment
Credit terms are Net 30 on approval. Once Bayshore has approved the account and unless otherwise agreed in writing, all invoices are due in full within thirty (30) days of the invoice date (Net 30). Payment is by check, ACH or other method accepted by Bayshore Safety & Industrial Supplies, Inc. ("Bayshore"). Credit terms, the credit limit and continued extension of credit are at Bayshore's sole discretion and may be changed, suspended or withdrawn at any time on notice to Applicant.
Past-due balances
A finance charge of one and one-half percent (1.5%) per month (18% per year), or the maximum rate permitted by applicable law if lower, may be assessed on any balance not paid when due, from the due date until paid. This charge reflects Bayshore's cost of carrying past-due accounts and is not a penalty. Bayshore may hold shipments and suspend the account while any balance is past due.
Returned payments
Applicant agrees to pay a service charge of $25 for the first payment returned unpaid and $35 for each subsequent returned payment, as permitted by California Civil Code § 1719, plus any bank charges Bayshore incurs.
Collection costs
If an account is placed for collection or suit is filed, Applicant agrees to pay all reasonable costs of collection, including collection-agency fees, court costs and reasonable attorney's fees, to the extent permitted by law (California Civil Code § 1717 makes this obligation reciprocal).
Sales tax
California sales tax will be added to all taxable sales unless Applicant has furnished a valid California resale certificate (CDTFA-230) or other exemption certificate. Applicant is responsible for any tax, penalty or interest resulting from an invalid or misused certificate.
Invoices and disputes
Applicant will review each invoice promptly and notify Bayshore in writing of any dispute within ten (10) business days of the invoice date; invoices not disputed within that time are accepted as correct. Bayshore's standard return policy applies to all returns; special-order and custom-imprinted items are not returnable.
Title, delivery and risk of loss
Title and risk of loss pass to Applicant on delivery to Applicant, Applicant's job site, or the carrier, whichever occurs first. Shipping dates are estimates.
Preliminary notices and lien rights
Applicant acknowledges that Bayshore may serve California preliminary notices and otherwise preserve its mechanics lien, stop payment notice and payment bond rights on any project it supplies, and agrees to provide accurate owner, contractor, lender and job-site information on request.
Changes; notice
Applicant will notify Bayshore in writing within ten (10) days of any change in ownership, legal name, entity type, address or financial condition that materially affects its ability to pay. Bayshore may amend these terms on written notice; continued purchases after notice constitute acceptance.
Governing law and venue
This agreement and every sale under it are governed by California law. The parties agree that venue for any action arising out of this account lies in the state or federal courts located in Contra Costa County, California, unless applicable law requires otherwise.
Electronic records and signatures
Applicant consents to do business with Bayshore electronically and agrees that electronic signatures, and invoices, statements and notices delivered by email, are valid and enforceable under the California Uniform Electronic Transactions Act (Civil Code § 1633.1 et seq.) and the federal E-SIGN Act.
Authorization to verify credit
By signing below, the undersigned certifies that he or she is authorized to sign for Applicant, that Applicant is solvent, and that the information in this application is true, complete and given for the purpose of obtaining business credit. Applicant authorizes Bayshore to (a) obtain commercial credit reports and information about Applicant from credit reporting agencies and other sources, (b) contact the bank and trade references listed and any other creditor, who are authorized to release account experience to Bayshore, and (c) exchange credit experience with other creditors and credit reporting agencies. Applicant has read and agrees to the Terms and Conditions of Credit Sale above.
Equal Credit Opportunity Act notice
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
Your right to a statement of reasons
If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact Bayshore Safety & Industrial Supplies, Inc., Credit Department, 961 Garcia Ave, Unit A, Pittsburg, CA 94565, (925) 215-7337, cs@bayshoresafety.com, within 60 days from the date you are notified of our decision. We will send you a written statement of reasons within 30 days of receiving your request.
Privacy
Bayshore uses the information in this application only to evaluate and administer your account, keeps it confidential, restricts access to employees who need it, and does not sell it. Tax identification numbers are stored securely and are never printed on invoices, statements or mailings.
Personal guaranty
Bayshore may ask for a personal guaranty when the business has been established for less than two years, has limited credit history, or requests a credit limit larger than its history supports. If a guaranty is required, Bayshore will send the guaranty form to the owner or officer separately for secure completion; it is not part of this online application.
