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Customer No: |
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For Internal Use Only |
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Phone:
1-888-766-4242 Credit Fax: 410-689-1854 |
APPLICATION FOR
BUSINESS CREDIT
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Date |
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Business Type o Corp - State of |
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Customer’s Full Legal Business Name or Individual Name |
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D/B/A or T/A |
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Street Address |
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City/State/Zip |
County |
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Mailing Address o same as above |
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City/State/Zip |
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Office Phone |
Office Fax |
Years in Business |
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Type of Products/Services you provide |
Resident Agent |
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Federal ID# |
State Contractors License# |
Line of Credit Requested: |
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Corporate Office Location: Name
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Address |
Phone#/Fax#
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LIST OF PRINCIPALS Please
list the names and phone number of all Officers, Partners, Proprietors, Owner,
Members below. |
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Name Title Phone# SSN# |
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1. |
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2. |
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3. |
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4. |
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Has any of the companies or
individuals listed above ever been a debtor in a bankruptcy proceeding? |
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Has any judgment ever been entered
against any of the companies or individuals listed above? |
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Are there any legal actions or
arbitrations pending against any companies or individuals listed above? |
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Bonding Agent: Name |
Phone# |
Ext# |
Fax# |
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Person to contact regarding
invoices: |
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Do you desire any special billing
requirements? o Yes o No If Yes, please specify |
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Note: We will try to accommodate your needs but cannot always guaranty these arrangements due to time and or data processing constraints.
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TRADE REFERENCES
You must list at least FOUR
references with whom you have traded with in the last year. • Do NOT list
utilities, overnight mail, credit card companies, or your affiliate
companies. • Complete all the information requested below, INCLUDING
THE FAX NUMBER. |
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Company Name |
City/State |
Phone# |
FAX# |
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Company Name |
City/State |
Phone# |
FAX# |
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Company Name |
City/State |
Phone# |
FAX# |
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Company Name |
City/State |
Phone# |
FAX# |
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BANK REFERENCES |
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Bank Name |
City/State |
Phone# |
Contact
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Account Type |
Account Number |
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TERMS AND CONDITIONS OF CREDIT
·
Payment is due net-30 days
from the invoice date. However, in the event that an account Customer elects to
pay on their account with a credit card the payment is due on receipt of
material. Payments must be made from invoices, not statements. A finance charge
of 1% per month will be charged on past due accounts. A $35.00 return check fee
will be charged each time a check is returned from the bank.
·
Sales taxes are charged on all
materials and rentals to all Customers unless a tax exempt certificate is on
file at Aggregate Transport Corp (AGG)/The Stone Store’s (SS) office. Waiting
time will be charged on all job sites after the first 15 minutes. Charges are
then based on 15 minute increments. Minimum haul policy: haul rates are based
on full truck load volumes only, partial load deliveries will be invoiced at
the full truck load rate (22 tons); the full truck load rate includes all
geographical areas.
·
Any modifications to these
Terms and Conditions must be agreed to in writing by AGG/SS. Customer hereby
authorizes AGG/SS to contact bank and trade references at any time for the
purposes of credit extension and review of credit account. AGG/SS reserves the
right to suspend, limit, or change credit terms at any time. If requested by
AGG/SS, Customer agrees to provide any project and bond information within 5
days of request.
·
If Customer notices an error
on its invoice, Customer must contact AGG/SS in writing within 5 days of the invoice
date, stating the invoice number, amount of error, the reason for error, and
provide any documentation to support Customer’s claim. Invoice charges will be
considered valid if no written dispute is on file. In the event of a pricing
dispute, only the AGG/SS quotes will be honored. WE DO NOT HONOR VERBAL PRICES.
Purchase orders, and other documents do not replace, modify, or void these
credit terms at any time unless authorized in writing by AGG/SS. If Customer
requires the use of purchase orders and/or reference numbers we must have a
hard copy. The hard copy must include your authorizing signature. We cannot
ship material without a copy of your required purchase order and/or reference
number. It is Customer’s responsibility to fax and call in the appropriate
purchase order and/or reference number. If Customer requires these numbers on
invoices, make sure Customer’s purchasing staff is aware of our policies. In
the event of a conflict between these Terms and Conditions of Credit and any
other documents, these Terms and Conditions of Credit will prevail.
Discrepancies in quantity or quality of any material delivered must be called
into our dispatch department on the date of delivery. AGG/SS is not responsible
for damages due to weather conditions, poor job site conditions, and Customer’s
failure or delay in notifying AGG/SS of any discrepancies of delivered
materials or services.
·
All shipments to any one
project shall be considered part of a specific continuing contract related to a
single project. Any lien and bond waivers will be effective only to the extent
of the total dollar amounts actually received, deposited, and cleared from the
bank on which the check is drawn. AGG/SS reserves the right to suspend or
refuse orders due to non-payment of past due balances without prior notice
until payment in full is made or any dispute is resolved. AGG/SS shall not, in
any event, be responsible for any damages due to delays in supply of any labor
or materials. For sums justly due and undisputed amounts, the Customer agrees
and understands that Customer shall not set off, deduct, or charge back any
claims it has or may have against this account, that Customer has no other
interest or property right in or to the funds to be paid to AGG/SS, and
irrevocably assigns to AGG/SS its accounts receivable from each project
owner/contractor.
·
Estimating: Any measurements,
material take offs, and/or material quantity estimates given by AGG/SS
·
Release of Delivery Liability - Inadequate Deliver Site:
Customer understands and agrees that it is the Customer’s responsibility to
provide a proper and safe delivery unloading site. Thus, Customer agrees that AGG/SS, its
servants, agents, employees, or subcontractors, shall not be liable to Customer
for any claims, demands, injuries, damages, economic loss, actions or causes of
action whatsoever, to my person or property arising out of or related to an
inadequate delivery unloading site.
Furthermore, Customer agrees that Customer will be financially
responsible for and pay any and all fees/expenses/damages caused by an
inadequate delivery unloading site including, but not limited to, damage to
delivery vehicle and apparatus, Waiting Time Fees (see Waiting Fees) and Towing
Fees (see Towing Fees).
·
Release of Delivery Liability - Damages Incurred During
Delivery: AGG/SS shall not be liable for
any damages incurred during delivery, including, but not limited to, damage to
curbs, driveways, structures, mailboxes, lawns, trees, underground or overhead
utilities, septic systems, irrigation systems and adjoining property and
structures. Thus, Customer expressly hereby forever releases and discharges
AGG/SS from all claims, demands, injuries, damages, economic loss, actions or
causes of action, and from all acts of active or passive negligence on the part
of AGG/SS, its servants, agents, employees, or subcontractors arising out of or
related to the delivery of the materials.
Customer shall indemnify AGG/SS and make AGG/SS financially whole, including,
but not limited to, reimbursement of reasonable attorney’s fees incurred by
AGG/SS, and shall hold AGG/SS harmless from any and all claims by any third
parties related to or arising out of the delivery/unloading of materials.
·
JURISDICTION
AND VENUE: The parties hereto agree
that the State of
·
AGG/SS may report account
history to various credit reporting agencies for the purposes of reporting and
collecting credit history. AGG/SS’s credit policies are in compliance with all
Federal, State and local laws including the Equal Credit Opportunity Act, the
Consumer Credit Protection Act, and the Fair Debt Collection Practices Act.
·
All Customer claims
concerning quality control or compliance with product specifications must be by
certified mailing to the address indicated on the AGG/SS invoice and received
by AGG/SS within 30 days of Customer’s receipt of such products. Customer
understands and agrees that in the event that such a written claim by Customer
is received more than 30 days after Customer’s receipt of such product that Customer,
at the sole discretion of AGG/SS, shall have waived such claims.
·
LIMITATION OF CONSEOUENTIAL DAMAGES
THE PARTIES TO THIS TRANSACTION EXPRESSLY AGREE, PURSUANT TO THE
·
APPLICABLE LAW/SEVERABILITY: The validity,
construction, and performance of these Terms and Conditions shall be governed
by the laws of the State of
·
In the event that it becomes
necessary to refer the account to an attorney for collection, I/we agree to pay
all costs of collection including reasonable court costs and attorney’s fees in
the amount of twenty-five percent (25%) of the outstanding amount due except
that the minimum of such attorney fee shall be Five Hundred Dollars ($500.00).
By
signing below, (1) I/We certify that all information provided on this
Application is correct and understand and agree to the Terms and Conditions of
Credit set forth herein; (2) I/We agree to give notice to AGG/SS within 30 days
of any changes in the information contained herein of this Credit Application,
and (3) I/We hereby represent that I am an authorized to sign and enter into
this credit agreement with AGG/SS on behalf of the applicant.
IN WITNESS WHEREOF, Customer or Customer’s authorized representative has duly
executed this Credit Application with the intention of legally binding
Customer.
Authorized
Signature
_______________________________________________________________________ Date____ /____ / _____
PRINT
NAME
____________________________________________________________________________ YOUR TITLE ______________________
Witness Signature ______________________________________________
PRINT
NAME______________________________________________
Personal Guaranty
If
the business is a corporation, all shareholders and their spouses must sign
this Personal Guaranty before a witness. If a business is a sole
proprietorship, the owner and spouse must sign this Personal Guaranty before a
witness. If a business is a partnership, all partners and their spouses must
sign this Personal Guaranty before a witness. In consideration of Aggregate
Transport Corp/The Stone Store extending credit, I/we jointly and severally do
guarantee personally and unconditionally, at all times, to Aggregate Transport
Corp/The Stone Store, the payment of indebtedness of
________________________________________________________________________________________________________________________
Please fill in the
Customer’s business name
This Guaranty shall continue
in full force and effect covering all purchases on the account, interest at the
maximum legal contract rate and any other correct charges on the account until
such time as Aggregate Transport Corp/The Stone Store, shall receive from all
the undersigned written notice of revocation, and such revocation shall not in
any way relieve any of the undersigned from liability from any indebtedness
incurred prior to the actual receipt by Aggregate Transport Corp/ The Stone
Store, of said notice.
IN WITNESS WHEREOF, the individual guarantor(s) has/have duly executed this
Personal Guaranty portion of this Credit Application with the intention of
being
legally bound.
Signatures Only – Do not
reference titles, please!
__________________________ _____________________________ _____________________ __________________________ _________________
Witness Signature Guarantor
SSN Printed Name Date
_________________________________________________________________________________________ ____________________________________
Home Address Home Phone Number
__________________________ _____________________________ _____________________ __________________________ _________________
Witness Signature Guarantor
SSN Printed Name Date
_________________________________________________________________________________________ ____________________________________
Home Address Home Phone Number