PKNY International, Inc.
Terms and Agreements
1. Warranty: PKNY International, Inc (hereafter "PKNY"), its website, its catalogs, and the materials and products on them are provided "as is" and without
warranties of any kind, whether express or implied of merchantability; fitness for a particular purpose or otherwise, which extend beyond the manufacturer’s
description on the label of each product.
2. Limitation of Liability: PKNY shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on
their website or their catalog or the performance of the products, even if PKNY has been advised of the possibility of such damages.
3. Quantity: We reserve the right to limit order quantities.
4. Past Due Account: Payment not made within the terms stated on the invoice are subject to finance charges at the rate of 1.5% per month or fraction thereof
from due date. Should any part of the indebtedness evidenced hereby be collected by law or through an attorney-at-law, the holder shall be entitled to collect
all attorneys’ fees and all costs of collection.
5. Claims: Must be made within 3 days of delivery. You must notify customer service immediately upon receipt
6. Returned Checks: Any returned checks will incur a $50.00 service charge
7. Pricing: In the event that PKNY mistakenly listed at an incorrect price, PKNY reserves the right to refuse or cancel any orders placed for product listed at the
incorrect price. PKNY reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is cancelled, PKNY shall issue a credit to your credit card account in the amount of the
incorrect price.
8. Merchandise Content: PKNY attempts to be accurate in its product descriptions. However, PKNY does not warrant that product descriptions or other content is
accurate, complete, reliable, current, or error-free. If you find a product not as described, your sole remedy is to return it unused.
9. Export Policy: You acknowledge that the purchased goods are subject to the customs and export control laws and regulations of the United States of America
and may also be subject to the customs and export laws and regulations of the country in which the products are received.
10. Indemnification: You agree to indemnify, defend, and hold harmless PKNY, its officers, directors, employees, agents, licensors and suppliers from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related
to your account (including negligent or wrongful conduct) by you or any other person accessing account.
I agree to the above terms and agreements
Name:________________________________________________ Signature:__________________________________________ Date:__________________
Personal Guaranty
I, __________________________________ [Owner, insert your full name](hereafter "Guarantor") for and in consideration of PKNY International, Inc
(hereafter "PKNY") extending credit at my request to ___________________________________[insert your company name] (hereafter "Purchaser") hereby
personally and unconditionally guarantee and promise to pay PKNY any obligations of Purchaser and I hereby agree to bind myself to pay PKNY on demand any sum
which may become due to PKNY, whenever Purchaser shall fail to pay the same. This Personal Guaranty guarantees all extensions of credit including, but not limited
to, increases to the credit limit of the Purchaser, and is not given in association with any one particular grant of credit or credit application. “Obligations” include but
are not limited to all extensions of credit to Purchaser, all transactions between Purchaser and PKNY, the invoiced cost of products and services sold to Purchaser by
PKNY, and any other amounts, charges, expenses, interest, fees, costs owed by Purchaser to PKNY. I will reimburse PKNY for all expenses incurred by it in the
collection, enforcement or attempted enforcement of any of its rights hereunder against Purchaser or Guarantor including, but not limited to, 33.333% attorney fees
and costs and collection agent fees and expenses. I subordinate any obligations that Purchaser may have to me to the obligations of Purchaser owed to PKNY. I agree
to so pay and perform without requiring PKNY to exercise, pursue or enforce any right or remedy PKNY has against Purchaser, any co-guarantor, or any other party.
I acknowledge that all payments due hereunder are required to be made to PKNY at PKNY's address in Moonachie, New Jersey, and that an appropriate
forum for litigation with respect to the enforcement of this Personal Guaranty shall be in a court of competent jurisdiction in Moonachie, New Jersey.
Notwithstanding the place of residence of Guarantor or the place of execution of this Personal Guaranty, the laws of the State of New Jersey shall control the
construction, interpretation and enforcement of this Personal Guaranty and all matters related to this Personal Guaranty, without application or reference to conflict
of law's provisions.
This Personal Guaranty is a general, continuing, absolute, unconditional and irrevocable guarantee of payment and not of collection, and is an indemnity
for such obligations of Purchaser, enforceable by PKNY, its successors and assigns, and is binding upon Guarantor and Guarantor's heirs and assigns and shall inure to
the benefit of PKNY's successors and assigns. The liability of Guarantor is primary, direct, unconditional and independent of the obligations of Purchaser. All of PKNY's
rights and remedies hereunder are cumulative and not alternative. Each party hereby waives trial by jury in any action, proceeding, claim, or counterclaim brought by
either party in connection with any matter arising out of or in any way connected with this personal guaranty or the relationship of PKNY and guarantor hereunder. It
is understood by Guarantor that any defaults, failure to pay when due or credit experience on the part of Guarantor may be reported by PKNY to a consumer credit
reporting agency.
Guarantor's name (owner) :____________________________________ Signature:___________________________________ Date:__________________
Soc. Sec #
:_______________________________________________ Driver's License #:______________________________________________________
Address:____________________________________________ City / State / Zip:________________________________________________
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