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Sterling West Credit Corp. #705, 5241 Calgary Trail Edmonton, Alberta, Canada T6H 5G8 Alberta Commercial Litigation Database Subscription Form CLIENT INFORMATION Receiving Address Company Name : _________________________________________________________________ Company Website : _________________________________________________________________ Address : _________________________ City : ______________ Prov/State : ____ P/C :_________ Receiving Contact : ________________________ Tel: _________________ Fax :______________
Alberta Commercial Litigation Database Subscription Form Data commences January 1,2000 to present Special Introductory Yearly Subscription Terms are : Net 15 AGREEMENT : START DATE : ____________ RENEWAL DATE : __________________ Company: ______________________________________________________________________ Authorized Signature: ____________________________________________________________ Signatory Name (Please Print): _____________________________________________________
Date : ________________________________ SWC Acceptance:__________________ By executing this Agreement, the Client acknowledges and accepts the terms and conditions set forth on the reverse, including the disclaimers and limitations on liability. Client ID ________________ TERMS AND CONDITIONS 1. All information which Sterling West provides to the Client pursuant to this sales agreement is exclusively the property and copyright of Sterling West and is being provided to the Client with a limited license of internal use for the purpose of making business decisions related to credit, insurance, marketing and related matters and shall not be reproduced, revealed or made accessible, in whole or in part, to any person. 2. This agreement shall expire twelve (12) months after the contract starting date. The Client acknowledges and agrees that any reports delivered after the expiration of this agreement are governed by the terms and conditions, including the disclaimers and limitations of liability, contained herein. 3. Sterling West is under no obligation to honour any orders placed by the Client if the Client has unpaid, past due balances owing to Sterling West. 4. The Client acknowledges and understands that information provided by Sterling West may, in whole or in part, represent or be based upon information furnished to Sterling West by third parties over whom Sterling West has no control and may contain expressions of advice or opinion. Accordingly, the Client acknowledges that Sterling West does not and could not guarantee or warrant the correctness, completeness or currency of any information provided or the validity of any advice or opinion expressed on the basis of such information. Sterling West expressly disclaims all warranties including any warranty of fitness for a particular purpose. The Client expressly acknowledges, understands and agrees that Sterling West shall not be liable for any loss or injury caused, in whole or in part, by contingencies beyond its control, by its negligent acts of omission or commission, or those of its officers, employees or agents in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information. The Client further acknowledges that any statement Sterling West or its agents or brokers makes regarding the dollar amount of credit which may be possible represents an opinion only; the decision to extend credit and the risk of extending credit rests solely with Client. Under no circumstances shall Sterling West be liable for any consequential damages suffered in any way as a result of clients use or reliance upon any information, advice or opinion provided by Sterling West. 5. The Client acknowledges that it is impractical and difficult to fix actual damages, if any, that may approximately result from a failure by Sterling West, its officers, employees, agents or brokers, to perform to the clients satisfaction any of its obligations herein. The Client understands and agrees that if Sterling West should be found liable for any loss or damage due to a failure to perform, a failure to perform to the clients satisfaction or from delay in performing any of its obligations herein, Sterling West's liability shall be limited to two hundred (200) dollars and that this liability shall be exclusive if loss or damage results directly or indirectly from the performance or non-performance of any of Sterling West's obligations herein or from the negligence, active or otherwise, of Sterling West, its officers, employees, agents or brokers. 6. Sterling West undertakes to obtain, on behalf of the Client, certain information from bank and trade references and operational details but such undertaking is not a guarantee that Sterling West will obtain complete bank trade or operational details. Sterling West is not obligated to pursue such information beyond its normal methods of data collection. Additional charges may apply in the event the Client requests Sterling West to make additional efforts. 7. This agreement shall constitute the entire contract between Sterling West and the Client and cancels and supersedes all existing contracts between them, whether oral or written, with respect to the subject matter hereof. No change, modification or amendment of this agreement shall be effective unless set forth in a writing signed by Sterling West and the Client. 8.The Client agrees to pay a late fee of 1.5% per month with respect to all invoices which are not paid with the terms provided. In the event legal action is necessary to collect amounts due, the Client agrees to pay all of Sterling West's costs of collecting, including attorneys fees. |