StoneFly Sales Agreement

Invoices and/or account statements will be provided by email or postal mail to the designated contact. Invoices are due and payments should be received within the terms listed on the face of the invoice (Net 30 or Prepaid).

Customer hereby agrees to the terms of sale listed on each StoneFly invoice and its website.

Customer agrees to pay all invoices due within terms, and acknowledges that StoneFly will charge a finance fee of one and one-half percent per each thirty day period, or part thereof, for any invoice that is past due.

In order to induce StoneFly to extend credit for the purchase of StoneFly’s products (“Products”) and for other good and valuable consideration, Customer hereby conveys, grants and transfers to StoneFly a purchase money security interest in the Products and all proceeds until Customer performs all obligations due to StoneFly.  Should Customer default in any such payments, StoneFly shall have the right, without notice to Customer, to declare all invoice amounts due and payable.

Customer agrees to promptly notify StoneFly in writing if there is any material adverse change to Customer’s company (financial condition or otherwise) if credit terms have been extended to the Customer.

In the event that StoneFly should commence any action or actions, or otherwise seek to enforce this agreement against Customer or any Guarantor, Customer agrees to pay reasonable attorney(s) fees, court costs and other expenses, incurred by StoneFly whether or not suit is filed.

This agreement is not transferable or assignable without the prior written consent of StoneFly.

Customer agrees that any change in liability for any debts incurred to StoneFly due to a change in Customer’s form of business, shall not be effective until StoneFly receives actual notice of the change by certified mail.

Customer agrees that transactions with StoneFly shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws principals.  Customer further agrees that any lawsuits between StoneFly and Customer shall be brought only in the state and federal courts of Alameda county of California or the venue of StoneFly’s choosing.  Customer hereby submits to the jurisdiction of such courts in any dispute with StoneFly and Customer waives any objections to venue being in such courts.