TERMS & CONDITIONS

  1. VALIDITY - Creditor represents and warrants to Scott & Goldman (S&G) that the claim is valid and lawful in all respects and creditor further represents the claim to be a commercial account.  The definition of a commercial account is a claim against a corporation, partnership or proprietorship conducted as a business venture.

  2. INFORMATION - Creditor warrants and represents to S&G the accuracy and truth of the information provided and consents to S&G use of any information so furnished in pursuing collection of the account.

  3. PRICE - S&G shall perform services subject to the regular schedule of rates being charged by S&G which may be amended from time to time.

  4. HOLD HARMLESS - Creditor shall indemnify, defend and hold harmless S&G, its agents and employees, from and against any and all liability, loss, claims, demands, suits, actions, damages or expenses (including reasonable attorney's fees) of every nature or description arising out of or resulting from any of the following: any amendments to the schedule of rates for services being provided by creditor to S&G; the truth and accuracy of the information provided to S&G by creditor; the validity and lawfulness of creditor's claim against the debtor; the creditor's claim against the debtor arising out of a non-commercial account; any acts, omissions or claims of any attorney relating to any account forwarded by S&G on creditor's behalf for collection.

  5. ATTORNEYS - Creditor authorizes S&G, as its Collection Agency to forward accounts on creditor's behalf to attorneys for collection, if necessary.  S&G shall not be held responsible for acts or omissions of such attorneys.

  6. AUTHORIZATION TO ENDORSE - Creditor authorizes S&G to endorse and negotiate or deposit in any bank account of S&G any and all checks, drafts, bills of exchange or other for the payment of money payable or endorsed to the creditor, which comes in possession of S&G, in the name of the creditor, by reason of S&G acting as Collection Agency for the creditor, and to deduct the authorized charges of these payments.  S&G will, in addition, be entitled to a commission on all payments creditor receives direct from debtor, on discovery of payments not credited to the account prior to placement, merchandise returns or on accounts withdrawn.

 

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