What is the name of your state (only U.S. law)? Oregon
I'm a retailer signing an account agreement with a wholesale supplier.
Between our names and where we sign is this legal speak:
"as individuals and jointly and severally guarantee unto the Seller, its successors and assigns, the prompt payment of any and all indebtedness of the applicant to the
seller according to the terms thereof, which applicant may now or at any time hereafter owe to seller or seller's successors or assigns, together with interest thereon.
Notice of every kind or nature including those of any action or non action on the part of the applicant, seller or anyone else, are hereby fully waived by the
undersigned. I/we hereby waive the right to require the seller to proceed against the applicant or to pursue any other remedy, waive the right to have the property of
the applicant first applied to the discharge of indebtedness and waive the pleading of any statute of limitations as a defense to the obligations hereunder. In the event
of collection suit or action the prevailing party will be entitled to reasonable attorney fees and/or collection costs."
Can anyone explain what the second paragraph beginning "Notice of every kind..." is saying? Specifically, the first part of it...
I'm a retailer signing an account agreement with a wholesale supplier.
Between our names and where we sign is this legal speak:
"as individuals and jointly and severally guarantee unto the Seller, its successors and assigns, the prompt payment of any and all indebtedness of the applicant to the
seller according to the terms thereof, which applicant may now or at any time hereafter owe to seller or seller's successors or assigns, together with interest thereon.
Notice of every kind or nature including those of any action or non action on the part of the applicant, seller or anyone else, are hereby fully waived by the
undersigned. I/we hereby waive the right to require the seller to proceed against the applicant or to pursue any other remedy, waive the right to have the property of
the applicant first applied to the discharge of indebtedness and waive the pleading of any statute of limitations as a defense to the obligations hereunder. In the event
of collection suit or action the prevailing party will be entitled to reasonable attorney fees and/or collection costs."
Can anyone explain what the second paragraph beginning "Notice of every kind..." is saying? Specifically, the first part of it...