Credit Application

By submitting this credit application and requesting an extension of credit, the applicant (“Applicant”) agrees to the following terms and conditions:

1. Payment Terms: Payment in full is due within thirty (30) calendar days of the invoice date unless different terms are expressly approved in writing by the creditor (“Creditor”). The Applicant’s obligation to pay is not contingent upon payment from any owner, general contractor, customer, or other third party.
2. 
   Past-Due Balances: Any balance not paid when due will be considered past due and may accrue a service charge at five percent (5%) per month, or the highest rate permitted by applicable law, whichever is lower. Service charges will continue until the balance is paid in full.
3. 
   Collection Costs: The Applicant agrees to pay all reasonable costs incurred in collecting a past-due balance, including collection-agency fees, attorney fees, court costs, filing fees, lien-related expenses, and other collection costs, to the extent permitted by law.
4. 
   Application of Payments: The Creditor may apply payments, credits, or other amounts received to any outstanding invoice, service charge, collection cost, or other obligation, unless otherwise required by law.
5. 
   Credit Limits and Terms: The Creditor may establish, increase, reduce, suspend, or terminate the Applicant’s credit limit or payment terms at any time. The Creditor may require advance payment, cash on delivery, a personal guaranty, additional security, or other payment arrangements.
6. 
   Suspension of Credit: If the Applicant fails to pay an amount when due, exceeds its credit limit, experiences a material change in financial condition, or fails to comply with these terms, the Creditor may suspend deliveries, cancel unfulfilled orders, revoke credit privileges, or require immediate payment of all outstanding amounts.
7. 
   Disputed Invoices: The Applicant must notify the Creditor in writing of any invoice dispute within ten (10) calendar days of the invoice date. The notice must identify the invoice and explain the reason for the dispute. All undisputed amounts must still be paid when due.
8. 
   Returns, Credits, and Deductions: No return, deduction, offset, chargeback, back charge, or credit may be taken without the Creditor’s prior written authorization. Returned merchandise is subject to the Creditor’s return policy and applicable restocking, freight, manufacturer, or processing charges.
9. 
   Taxes and Additional Charges: The Applicant is responsible for all applicable taxes, freight, delivery, handling, special-order, and related charges unless valid exemption documentation is provided.
10. 
    Purchase Orders and Conflicting Terms: These terms, together with the Creditor’s quotations, order acknowledgments, invoices, delivery documents, and other transaction documents, govern all sales. Additional or conflicting terms in the Applicant’s documents are rejected unless accepted in writing by an authorized representative of the Creditor.
11. 
    Governing Law and Venue: All transactions will be governed by the laws of the state where the Creditor’s principal place of business is located. The Applicant consents to jurisdiction and venue in the state and federal courts located in that county and state, unless otherwise required by law.
12. 
    Authorization to Obtain Credit Information: The Applicant authorizes the Creditor to contact banks, trade references, vendors, credit-reporting agencies, financial institutions, and other sources to investigate, verify, establish, and periodically review the Applicant’s creditworthiness. The Applicant authorizes those parties to release relevant credit and financial information to the extent permitted by law.
13. Continuing Authorization: These authorizations and obligations remain effective while the Applicant maintains an account or owes any amount to the Creditor. The Creditor may periodically obtain updated credit information to the extent permitted by law.
14. 
    Accuracy of Information: The Applicant represents that all information provided is true, complete, and correct and agrees to promptly notify the Creditor of any material change in ownership, legal structure, business name, address, financial condition, banking relationship, or other application information.
15. 
    Authority to Bind Applicant: The person signing this application represents that they are authorized to submit the application, authorize the release of credit information, and bind the Applicant to these terms.
16. 
    Electronic Signatures and Copies: Electronic signatures, scanned signatures, and transmitted copies have the same force and effect as an original signed document.
17. Severability and Waiver: If any provision is found invalid or unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision does not waive the Creditor’s right to enforce it later.

The Applicant acknowledges that it has read, understands, and accepts these Credit Terms and Conditions. The Applicant certifies that all information in the credit application and supporting documents is true, complete, and correct. The Applicant authorizes the Creditor to investigate and verify the information provided and obtain credit, banking, trade-reference, and other information relevant to establishing and reviewing the Applicant’s credit account.

These terms should be reviewed by an attorney before use, particularly the 5% monthly service charge, attorney-fee provision, venue clause, and invoice-dispute deadline.