Terms and Conditions

In consideration of Seller’s extension of credit to Applicant, Applicant agrees to pay under the terms of this Agreement and Application for Credit (the “Agreement”) when due:

• (a) all debts, liabilities, and obligations, now existing or hereafter coming into existence;
• (b) a service charge not to exceed 1 1/2% per month, or 18% per annum, (or the maximum allowable contract rate under applicable law) on the unpaid balance of any account or other Obligations (the “Service Charge”); and
• (c) reasonable attorneys’ fees, costs, and expenses incurred in connection with the collection and enforcement, or any attempts at collection and enforcement, of such debts, liabilities, or obligations of Applicant, by or through any attorney. All of (a), (b), and (c) shall be referred to as the “Obligations.”

Applicant agrees to pay for all goods purchased in compliance with the prevailing terms of Seller. If Applicant fails to comply with Seller’s prevailing terms or any provisions of this Agreement, Seller may declare the unpaid balance on this account immediately due and payable. In this event, Applicant agrees to pay such balance upon demand or Seller may, in the manner provided by applicable law, retake the goods or pursue any further remedy provided by law.

Applicant hereby authorizes the use of this document, or a facsimile thereof, as consent for the release of credit information to Seller by credit bureau and the above-listed Trade and Bank References. Applicant certifies that the statements in this Agreement are true, correct, and complete, and that they have been made to obtain credit from ASP Holdings, Inc. If more than one person executes this Agreement, the term “undersigned” shall mean all parties executing this Agreement, and any liability under this Agreement shall be joint and several.

In consideration of Seller’s extension of credit to Applicant, Applicant agrees to pay under the terms of this Agreement all debts, liabilities, and obligations when due, including service charges, reasonable attorneys’ fees, costs, and expenses. Seller may declare the unpaid balance due immediately if Applicant fails to comply with these terms.

All orders shall be governed by these terms and conditions as well as aspectLED's standard terms of purchase and service, which can be found here. This Agreement supersedes all prior statements made by the parties and their representatives.

Orders are not binding contracts unless accepted in writing by an authorized agent of Seller at its office in Minnesota. Buyer’s failure to notify Seller of any objection conclusively indicates Buyer’s acceptance of all terms and conditions.

Buyer agrees to pay any applicable federal, state, or local taxes on the sale or shipment of goods. Sales tax refund requests must be submitted in the current year with a copy of the tax exemption certificate.

Except as otherwise provided, payment terms are net thirty (30) days from the date of Seller’s invoice. A late payment charge may apply. Buyer’s cancellation of orders may be subject to a service charge.

All shipments are subject to approval by Seller’s Credit Department. Prior to credit approval, orders will only be shipped based on payment in advance.

Buyer agrees to defend and hold Seller harmless against all claims, damages, or suits arising from the use or operation of goods not maintained as recommended.

Buyer must notify Seller of any accident or malfunction involving the goods within fifteen (15) days of occurrence to avoid liability.

Seller’s warranty is limited. For full warranty details, please visit aspectLED Warranty.

Seller shall not be liable for any special or consequential damages. Remedies set forth herein shall be the exclusive remedies available to Buyer.

Buyer must report any shortages within ten (10) days of shipment date to receive credit.

Buyer agrees to the Return Policy.

Buyer grants ASP Holdings, Inc. a security interest in any aspectLED merchandise until payment is received in full.

The provisions of any order bind Seller and Buyer and their successors and permitted assigns.

Failure to enforce strict performance by either party does not waive any rights under this Agreement.

Each provision will be interpreted to be effective under applicable law. Invalid provisions will be deleted, leaving the remaining provisions in effect.