Installment Payment Plan Terms and Conditions
You (“Customer”) have purchased or will purchase services and/or products (“Services/Products”) from Pool Table Squad LLC (together with its successors and assigns, “Vendor”). As an accommodation to Customer, Vendor has offered to allow Customer to pay for the Services/Products in installments on the terms and provisions herein (the “Offer”). By agreeing to pay for the Services/Products over time, Customer has accepted the Offer and agrees to the terms and provisions herein.
1. Installments. The price of the Services/Products shall be payable in three (3) equal installments (each, an “Installment Payment”). The first Installment Payment shall be paid when Customer orders the Services/Products (the “Order Date”). The second Installment Payment shall be paid on or before the date that is one (1) month after the Order Date. The third Installment Payment shall be paid on or before the date that is two (2) months after the Order Date.
2. Payments. Customer shall make each Installment Payment by wire transfer of funds, credit card, debit card, electronic check, or third-party payment provider, such as Zelle® or PayPal. Customer shall pay any payment processing fees charged by any third-party payment provider, which shall be in addition to the amount of the Installment Payment owed to Vendor. Each Installment Payment shall be made to the account designated by Vendor in writing. All Installment Payments shall be made without deduction, offset, or withholding. All payments shall be made in U.S. dollars.
3. Late Payments. If any Installment Payment is not received by Vendor when due, Vendor may charge, and Customer hereby agrees to pay, a late charge equal to five percent (5%) of the past-due amount. Additionally, if Vendor does not receive any Installment Payment within five (5) business days after its due date, Vendor may charge, and Customer hereby agrees to pay, interest on such past-due amounts equal to eighteen percent (18%) per annum, or the highest legal rate of interest, whichever is lower, until such past-due amounts are paid in full. Additionally, for so long as any Installment Payment remains past-due, Vendor may, at its option, refrain from performing or delivering Services/Products. All payments received by Vendor shall be applied first to fees, interest, costs, and expenses payable to Vendor hereunder and then to Installment Payment amounts.
4. Reservation of Rights and Remedies. Vendor’s rights and remedies stated herein are in addition to any and all other rights and remedies of Vendor at law and in equity.
5. No Waiver. The terms and conditions herein may not be waived or modified except in a writing signed by Vendor and Customer. No failure by Vendor to insist upon the strict performance of Customer hereunder, nor any failure by Vendor to exercise any right or remedy granted to Vendor hereunder or otherwise, will constitute a waiver. Vendor’s acceptance of any payment in an amount less than the full amount payable hereunder, whether or not accompanied by instructions or statements such as “paid in full”, shall not be deemed anything other than a payment on account and shall not constitute a waiver, novation, or accord and satisfaction.
6. Attorneys’ Fees. If Customer fails to comply with these terms and conditions and Vendor engages legal counsel to enforce or protect Vendor’s rights and remedies hereunder or to collect any amounts owed, Customer shall pay the reasonable legal fees and expenses incurred by Vendor upon demand.
7. Governing Law. These terms and conditions shall be governed by the laws of the State of Maryland, excluding its principles of conflicts of laws.
8. Jurisdiction and Waiver. Any dispute, claim, or controversy arising out of or in connection with the amounts payable by Customer hereunder shall be resolved exclusively in the courts located in the State of Maryland, and by the making and accepting of the Offer, Vendor and Customer will be deemed to have irrevocably consented to the exclusive jurisdiction and venue of such courts.
9. Waiver of Trial by Jury. By making and accepting the Offer, Vendor and Customer are deemed to have irrevocably waived trial by jury in any legal proceeding arising out of the transactions contemplated herein.
10. Severability. If any provision of these terms and conditions shall be held or made invalid by a court decision, statute, or rule, or shall be otherwise rendered invalid, the remainder of these terms and conditions shall not be affected thereby.
11. Entire Agreement. These terms and conditions constitute the entire agreement of Customer and Vendor regarding payment for the Services/Goods and supersede all other agreements, whether written or oral.