APPLICANT’S REPRESENTATIONS AND WARRANTIES: By signing below, you agree that it is a material term of any agreement between The Better Diamonds, Inc. and you that: (1) you hereby authorize The Better Diamonds, Inc. to investigate the listed references as they pertain to your financial responsibility: (2) You warrant the information you provide herein is true: (3) The Better Diamonds, Inc. may rely on the information you provide herein for the purpose of evaluating whether to extend you credit: (4) The Better Diamonds, Inc. maintains both California and New York offices, between The Better Diamonds, Inc. and you shall lie in the courts nearest whichever The Better Diamonds, Inc. office shipped goods to you: (5) All overdue invoices will be assessed interest at the maximum rate permitted by law; (6) All overdue invoices will be assessed a monthly administrative service charge of 2% of the outstanding balance; (7) The prevailing party in any dispute between the parties shall be entitled to reasonable attorney’s fees and legal costs; (8) Your failure to timely pay for goods you purchased from The Better Diamonds, Inc. entitles The Better Diamonds, Inc. to seek, in addition to all other remedies available to it, the remedy of replevin.