By submitting the above application, you are agreeing to the below terms and conditions:
TERMS. Applicant agrees to pay to BUMPER & AUTO OF OMAHA the amount indicated on the Invoice (U.S. Funds only), for Applicant's purchase of any products from BUMPER & AUTO OF OMAHA (“Products”). A service charge and a monthly interest charge will be assessed to all past due amounts as provided below. Accounts habitually delinquent will be placed on C.O.D. status until account is paid in full. Prices do not include shipping and handling charges.
RESTOCKING CHARGE. BUMPER & AUTO OF OMAHA, in its sole discretion, may accept returns of Products. For accepted returns, BUMPER & AUTO OF OMAHA will enforce a 30% restocking fee on any items returned to honor a past due balance.
WARRANTIES. THE EXPRESS WARRANTIES CONTAINED IN THE PRODUCT BOOKLETS ARE BUMPER & AUTO OF OMAHA'S SOLE WARRANTIES OF ITS PRODUCTS. BUMPER & AUTO OF OMAHA MAKES NO FURTHER OR ADDITIONAL WARRANTIES BEYOND THE MANUFACTURERS INDIVIDUALLY STATED TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND APPLICANT'S REMEDY SET FORTH HEREIN IS THE SOLE AND EXCLUSIVE REMEDY. THESE WARRANTIES ARE SUBJECT TO CHANGE FROM TIME TO TIME FOR PRODUCTS MANUFACTURED OR REPAIRED AFTER SUCH CHANGE.
LIMITATION OF LIABILITY. BUMPER & AUTO OF OMAHA shall not under any circumstances be liable to Applicant or any third party for special, indirect, incidental, or consequential damages, including, without limitation, loss of profits or revenues, loss or damage to other property or equipment (including any loss of material stored or shipped in the Product), cost of capital, or of purchased or replacement goods, or expense, delay or inconvenience caused by or arising from the purchase, sale, use, repair or inability to use the Products or by any performance or non-performance under, or breach of, this Credit Application ("Application"). BUMPER & AUTO OF OMAHA's sole liability for any defective Product shall be its replacement pursuant to the express warranties as applicable at the time of purchase of the Product.
DELINQUENT PAYMENTS. (a) Service Charge. If any payment to BUMPER & AUTO OF OMAHA is not paid within 10 days of the date it is due, Applicant shall pay to BUMPER & AUTO OF OMAHA an amount equal to 5% of any late payment (but not less than $15 nor more than $100) to compensate BUMPER & AUTO OF OMAHA for its expenses occasioned by such late payment. BUMPER & AUTO OF OMAHA and Applicant agree that such service charge shall not constitute a penalty. (b) Interest. Applicant shall also pay BUMPER & AUTO OF OMAHA interest on such late payment at the highest rate permitted by applicable law, but not more than 1.5% per month. (c) Collection Costs. Applicant shall pay to BUMPER & AUTO OF OMAHA all costs of collection (including the fees of any collection agency to whom this Application may be referred) plus reasonable attorney's fees (which attorney's fees shall not be less than 25% of amounts due unless a lower amount is specified by applicable law).
GOVERNING LAW. All disputes between the parties, whether or not arising out of this Application, will be governed by the laws of the State of Indiana. The Indiana state courts will have personal jurisdiction over Applicant, BUMPER & AUTO OF OMAHA and any and all guarantors. Lawsuits relating to any disputes between Applicant, BUMPER & AUTO OF OMAHA and any and all guarantors will be brought in a state court located in Douglas County, Nebraska, and Applicant agrees to the jurisdiction of such court. Applicant and any and all guarantors hereby waive their right to a trial by jury in any action, proceeding, claim or counterclaim whether in contract or tort, at law or in equity, arising out of or relating in any way to this Application and all other disputes between the parties.
REMEDIES. Upon the occurrence of an event of default under this Application, BUMPER & AUTO OF OMAHA shall have the right to exercise any one or more of the following remedies in order to protect the interests and reasonable expectations of BUMPER & AUTO OF OMAHA: (a) BUMPER & AUTO OF OMAHA may recover from Applicant all amounts then due, and all amounts to become due shall be accelerated and become immediately due and payable; (b) BUMPER & AUTO OF OMAHA may require Applicant to assemble all Products purchased by Applicant from BUMPER & AUTO OF OMAHA and make them available to BUMPER & AUTO OF OMAHA at a time which is reasonably convenient and at a place designated by BUMPER & AUTO OF OMAHA; (c) BUMPER & AUTO OF OMAHA may take possession of any and all items of such Products, wherever located, without demand or notice, without any court order or other process of law and without liability to Applicant for any damages occasioned by such taking of possession. Any such taking of possession shall not constitute a termination of this Application unless and until BUMPER & AUTO OF OMAHA so elects in writing; (d) BUMPER & AUTO OF OMAHA may declare immediately due and payable expenses of taking possession of the Products and for collection, including, without limitation, court costs and attorney's fees; and (e) BUMPER & AUTO OF OMAHA may pursue any other available remedy at law or in equity. No right or remedy herein conferred or reserved to BUMPER & AUTO OF OMAHA is exclusive of any right or remedy provided or permitted at law or in equity, but each shall be cumulative of every other right or remedy given hereunder, or now or hereafter existing at law or in equity, by statute or otherwise, and may be enforced concurrently therewith or from time to time.
MITIGATION. If BUMPER & AUTO OF OMAHA repossesses the Products prior to payment by Applicant of all amounts due hereunder, BUMPER & AUTO OF OMAHA may sell the Products, AS IS, WHERE IS, free and clear of all rights of Applicant at either public or private sale, and apply the net proceeds (after deducting expenses of sale) to the obligation of Applicant hereunder. Applicant shall remain liable for any deficiency. BUMPER & AUTO OF OMAHA may dispose of the Products in any commercially reasonable place and manner, and Applicant waives any notice of time, place, and manner of sale.

Credit Terms & Conditions