TERMS AND CONDITIONS OF SALE
STATEMENT: In consideration of credit being extended by Builders Supply Co. the undersigned understands (l) that it will be paying a Time Price
as defined below; (2) that the information contained herein is being relied upon by BSCo. for the extension of credit; (3) that the information stated
above by the undersigned is true and correct; (4) that the undersigned agrees to make payment by the I 0th of the month following date of purchase.
CHARGE SALES: If seller elects to extend buyer credit, all invoices are due and payable on or before the 10th of the month next following the
month of purchase. A late payment charge of 2% (24% annually) will be added to all past due amounts or balance over 30 days old. In case buyer
becomes, or is, insolvent, bankrupt, or any proceeding materially affecting his business or property is instituted against buyer, or buyer fails to pay
seller’s invoices when due, seller shall, at its option, be free to curtail or discontinue its sale or deliveries for so long as such conditions shall
continue. In addition, buyer shall be responsible and obligated to pay court costs, 20% attorney’s fees, and other expenses incurred by the seller in
the collection and liquidation of buyer’s past due charges.
MECHANICS’ LIENS: Buyer, as an inducement to seller to sell and deliver the items agreed upon, hereby expressly represents to seller that buyer
has not done and will not do, either directly or indirectly, anything whatsoever which has, or will have, the effect of releasing, waiving, or
surrendering the Mechanics’ Lien rights of seller to the property to be improved. No waivers of lien for materials shall be required of seller until the
same shall have been fully paid for. Upon demand by seller, buyer shall be obligated to immediately furnish seller with all necessary legal
descriptions and all other relevant information necessary for seller to perfect a Mechanics’ Lien. Buyer agrees to pay all court costs, recording fees,
reasonable attorney’s fees, and other expenses incurred by seller in securing seller’s Mechanics’ Lien right in the event of default by the buyer to pay
according to the terms stated in Paragraph hereof.
DELIVERY AND PURCHASES: Buyer authorizes purchases and deliveries to be made without signature. Buyer shall have an agent on the job site
to receipt for all materials. In case of agent’s absence, seller may, at its option, deliver the same, the driver will leave materials in a safe and accessible
place with no signature needed. All materials when delivered and receipted for shall become the sole responsibility of the buyer thereafter and all
risks of loss shall be transferred to buyer. Seller shall not be liable and shall have no responsibility in connection with goods or materials placed in
or upon buyer’s vehicle. Buyer hereby waives any and all claims, demands, or rights in connection with losses or liabilities that may arise out of
loading materials in or upon buyer’s vehicle.
MATERIALS RETURNED: Unless due to seller’s error, no materials are to be returned or credit allowed without seller’s prior authorization.
Authorized return in good condition are credited at invoice price less 20% to cover handling and service charges and expenses. Special ordered,
non-stock merchandise may not be returned. All returns for credit must be accompanied by a purchase receipt.
GUARAN TEES AND WARRANTIES: Seller guarantees and warrants to buyer that all goods and materials sold hereunder are of good sound
quality, fit for the purpose for which they ordinarily are used, and will pass without objection in the trade under the Invoice Description. There are
no other warranties, expressed or implied, which extend beyond these stated herein. All claims under this guarantee must be in writing and
received by the seller within one year from the date of delivery to the buyer in order to be valid. Remedies for breach of this express warranty are
limited by the seller. At its sole option, to (i) refurnishing the material as supplied which has been found in breach of this guarantee, or (ii)
refunding the purchase price paid for said materials or goods upon their return to seller. Seller shall not be liable for any consequential, indirect or
incidental damages or for any amounts that extend beyond that afforded by this guarantee.
Please read the above terms and conditions of sale and do not hesitate to ask us about any of them if you should have any questions or do not
understand them.
GUARANTY AGREEMENT
In consideration of extension of credit granted by Builders Supply Co. the undersigned does hereby unconditionally guarantee payment of
whatever amount the Credit Applicant, named on the reverse side hereof, shall at any time by owing to on account of goods and materials hereafter
delivered, furnished, or supplied, whether said indebtedness is in the form of notes, bills, or open account. This shall be an open and continuing
guaranty and shall continue in force notwithstanding any change in the form of such indebtedness, or renewals or extension granted by the
Companies, without obtaining any consent thereto, and until expressly revoked by written notice from me to you and any such revocation shall not
in any manner affect my liability as to any indebtedness contracted for prior thereto. The undersigned Guarantor further agrees to pay all expenses,
including court costs, attorney’s fees paid or incurred by the Companies in collection of any or all amounts owed them by the Credit Applicant or
in enforcing this guaranty agreement.
This guaranty shall be a continuing, absolute and unconditional guaranty and shall be enforceable by Builders Supply Co.
All diligence in collection or protection and all presentment, demand, protest and/or notice as to anyone or everyone, of dishonor and default and
of nonpayment and of the creation and existence of any and all guaranteed debts and of any and all extensions of credit and indulgence hereunder,
are expressly waived.
The liability of the undersigned Guarantor(s) shall be joint and several. Payment from the Guarantor of monies due and owing as a result of this
guaranty agreement shall be due upon demand by Builders Supply Co.
1 authorize Builders Supply Company to investigate my credit history.