Federal Tax ID or Social Security #:
Date Business Established:
ABC Licence No:
Exp. Date:
Resale Permit Number:
Sales Tax Resale Certificate (as required by CA BOE): you can complete it in Step 2 after submitting this page, or email a copy to sales@onevinewines.com with your Application ID.
Federal Alcohol Permit No. (if applicable)
Exp. Date (if applicable):
State of Incorporation or Partnership:
PLEASE NOTE: The Federal Equal Credit Opportunity Act prohibits credit grantors 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 credit grantor is the Federal Trade Commission.
The applicant (“Buyer”) named on the reverse side of this Credit Application & Agreement (“Application”), in consideration of obtaining purchases on credit from One Vine Wines 13831 Danielson St Poway, CA 92064 and its subsidiaries, affiliates and divisions (collectively “Seller”), does hereby agree to the following: All purchases made by the Buyer, and any person representing himself to be an employee, agent or representative of the Buyer, from Seller shall be subject to the credit terms and conditions of the Seller as established and amended from time to time by Seller, including the terms and conditions set forth herein. The Buyer represents and warrants that the information furnished herein is true, correct and complete. All credit extensions shall be made at the sole discretion of the Seller and may be denied, altered or terminated by the Seller at any time without cause. The Buyer represents and warrants that any credit advanced hereunder shall be for commercial purposes only and is not a consumer, personal, family or household credit transaction. In the event of any change in the ownership of the Buyer or the Buyer’s business, the Buyer shall be jointly and severally liable with its successors for all sales to such successors that originate and are charged to the Buyer’s account before the Seller receives notice by registered or certified mail of such change in ownership. The Seller reserves the right to require any such successors to submit a new credit application prior to any extension of credit to such successors. The Seller shall have the right to terminate this Application in its sole and absolute discretion from time to time, and to declare all amounts owed hereunder immediately due and payable. The terms and conditions contained herein take precedence over any and all other terms or conditions contained in any customer purchase order, invoice or other document, and no alterations to this Application shall be honored, verbal or otherwise, unless specified in writing signed by the Seller. A signed facsimile copy of this Application shall have the same cause and effect as the original.
The Buyer agrees to pay all amounts due to the Seller in full in accordance with the terms stated on each invoice. All invoices are due thirty (30) days from the date thereof. In compliance with section 25509 of California’s Alcoholic Beverages Control Act (the “Act”), any amount not paid when due will be assessed a finance charge, which shall be added to the sum due. The charge shall be 1 percent of the Buyer’s unpaid balance on the expiration of the 42nd day from the date of any unpaid invoice, and an additional 1 percent will be added for each 30 days thereafter. In compliance with the Act, if Buyer’s unpaid invoices on account or delinquent balances exceed 30 days, Buyer must pay C.O.D. for any deliveries until the account has been brought current. Buyer agrees that in the event the Buyer issues a check that does not clear the collection process, is returned or dishonored, a $35.00 service charge for each such check shall be added to the Buyer’s account with Seller. An order with a minimum of $350 may be entitled to delivery free of charge. Orders less than the minimum order will be charged a $15 shipping fee. A $10 charge will be applied to broken case orders. Placing, receiving, and signing for an order by or on behalf of Buyer shall be deemed an acceptance of the terms and conditions of this Application. The Seller does not waive any additional remedies available under applicable law, including among other things, for any check returned by the Buyer’s bank due to insufficient funds. If any provision or provisions hereof are declared to be void, such provision or provisions shall be deemed and hereby are severed from this document that shall otherwise remain in full force and effect. The Buyer further agrees that all costs, expenses and fees (including but not limited to attorneys’ fees) incurred by Seller in attempting to collect past due amounts owed by Buyer shall be added to such past due amount, and shall be paid promptly by Buyer to Seller. Buyer agrees that no consequential, incidental, liquidated or special damages shall be recoverable from Seller for delivery, non-delivery, sale or use of goods regardless of whether arising out of contract, warranty, negligence, strict liability, or tort; and the Buyer’s right, now existing or arising at any time in the future, to recover such damages is hereby waived, released and discharged.
The Buyer agrees that this Application shall be governed by the laws of the state of California, and the venue of any action to enforce this Application will be in any court located in San Diego, CA or municipal court at the choice of Seller. Buyer hereby authorizes all applicable trade references, banks and credit reporting agencies to disclose to Seller and their affiliated partners any and all information concerning the financial and credit history of Buyer from time to time in connection with this Application. The undersigned each represent to Seller that the undersigned has authority to bind the Buyer and is authorized by the Buyer to enter into this Application.
Type your full legal name below as your signature. By typing your name you agree it constitutes your legal electronic signature (E-SIGN Act / UETA) with the same force and effect as a handwritten signature.
To induce Seller to provide credit and conduct business with the Buyer, the undersigned unconditionally and irrevocably guarantees to the Seller the full payment when due of all obligations now or hereafter owed or owing by the Buyer to the Seller in connection with this Application, and hereby agrees to the Terms & Conditions of the Application as aforementioned. This guarantee shall remain in full force and effect regardless of any change in the form or evidence of any of the Buyer’s obligations, or any taking, release or modification of any security interests. This guarantee may be terminated by the undersigned only as to obligations originating more than five (5) business days after receipt by the Seller of notice of termination given by registered or certified mail. The undersigned hereby waives presentment, demand, protest, notice of protest, dishonor, diligence, notice of default or nonpayment, notice of acceptance of this guaranty, notice of the extending of any guarantied indebtedness already or hereafter contracted for by the Buyer, notice of any modification or renewal of any credit agreement evidencing the indebtedness hereby guaranteed and to all renewals or extensions of such indebtedness. The undersigned further waives any right to require Seller to proceed against, or make any effort at collection of the guaranteed indebtedness from, the Buyer or any other party liable for such indebtedness. The undersigned agrees to pay all costs, expenses and fees (including but not limited to attorneys’ fees) incurred by the Seller in enforcement of this guarantee and to the law and venue provisions set forth in the foregoing Application. Further, the undersigned hereby consents to Seller’s use of a non-business consumer credit report on the undersigned in order to further evaluate the credit worthiness of the undersigned as principal, proprietor and/or guarantor in connection with the extension or continuation of the business credit as contemplated by this Application. The undersigned hereby authorizes Seller to utilize a consumer credit report on the undersigned from time to time in connection with the extension or continuation of the business credit represented by the Application and as an individual hereby knowingly consents to the use of such credit report consistent with the Federal Fair Credit Reporting Act as contained in 15 U.S.C @ 1681 et seq.
