Credit Application

1. Our terms are 1%10 days Net 11 days. The price, terms, and time of payment are in accordance with Lumber One’s standard terms and pricing, as stated by our sales personnel and disclosed on our invoices. Credit terms are subject to termination at our discretion. Lumber One objects to any other terms and conditions contained on any of Buyer’s documents and any such terms and conditions will not apply to any transactions between Buyer and Lbr1.

2. If collection becomes necessary through court, probate, or bankruptcy proceedings, Lbr1 shall also be entitled to recover reasonable attorney’s fees and court costs.

3. Buyer states that it is solvent and financially able to pay for the products covered by our invoice. Notwithstanding any previous shipments on credit, Lbr1 may at any time demand payment on delivery or require payment on tender of shipment documents. Lbr1 reserves the right to require payment for any shipment hereunder in advance or satisfactory security. If the financial responsibility of the buyer unsatisfactory to Lbr1, if the Buyer fails to make payments in accordance with the terms of this agreement or if Buyer fails to comply with any provision hereof, Lbr1 may, at its option, (and in addition to other remedies) cancel any unshipped portion of this order.

4. An amount equal to any tax or other government charge upon the production, sales occupation of selling, shipment, or use of material which is now, or later imposed by Federal, State, or Municipal authorities upon either Buyer or Lbr1 which Seller is obligated to pay or collect, will be added to the price and will be paid by the Buyer.

5. Buyer agrees to restrict sales of Lbr1’s products to the manufacturer’s intended use and to inform consumers of product performance standards and recommended methods of installation.

6. Lbr1 will not be liable for any delay or failure to deliver any or all of the goods in case of delay or failure caused by labor disputes, strikes, war, riot, insurrection, civil commotion, fire, flood, accident, storm, or any act of God, failure of supplies or means of transportation, Buyer’s delinquency, or other causes beyond Lbr1’s control.

7. Any complaint as to grade or count must be made to Lumber One immediately, and under no condition will the Lbr1 be responsible if the complaint is not made before the material is used in construction or fabrication or its character is changed in any way. All material on which a complaint is made must be fully protected against all conditions that would create or tend to increase the complaint.

8. If goods arrive in poor order because of damage in transit, Buyer shall require truck driver or station agent to note same on shipping documents. Buyer shall then notify the sales representative assigned to Lbr1. Claims should be made with the transit company immediately. Shipment must remain intact until settlement is made. UNDER NO CIRCUMSTANCES SHOULD ESTIMATED DAMAGE BE DEDUCTED FROM THE INVOICE TOTAL UNLESS PRIOR APPROVAL HAS BEEN OBTAINED FROM LUMBER ONE’S SALES OFFICE.

9. Lumber One shall not be liable for incidental or consequential loss, damage, or expense, directly or indirectly arising from the sale, handling, or use of goods, or from any other cause relating thereto, including, without limitation, personal injury, property damage, or lost profits. Lbr1’s liability hereunder in any case is expressly limited to the replacement (in the form originally shipped) of goods not complying with the agreement, or, at Lbr1’s election, to the repayment of, or, crediting Buyer with, an amount equal to the purchase price of such goods, whether such claims are based on breach of warranty or negligence. Any claim with reference to goods shall be deemed waived by Buyer unless made in writing within 5 days after shipment is received. Buyer acknowledges that the remedies herein constitute its sole and exclusive remedies.

10. Delivery of goods by Lbr1 to carrier shall be deemed delivery to Buyer, and thereupon title to such goods, and risk of loss or damages, shall be Buyers.

11. Goods cannot be returned, and orders once accepted cannot be cancelled without Lbr1’s prior written consent.

12. Buyers purchase of Lbr1’s products hereunder represents acceptance of Lbr1’s terms and conditions of sale, which constitute the entire agreement between the parties and supersede any and all previous or contemporaneous communications, representations, or agreements by either party, whether verbal or written. No terms or conditions in any way adding to, modifying or otherwise altering the provisions stated herein shall bind Lbr1 unless in writing and signed and approved by an officer or other authorized person.

THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA. THIS AGREEMENT MUST BE SIGNED BY THE OWNER OR AN OFFICER OF THE APPLICANT IN ORDER FOR IT TO BE APPROVED. APPLICANT CERTIFIES THAT ALL STATEMENTS AND INFORMATION CONTAINED IN THIS APPLICATION ARE TRUE, COMPLETE AND CORRECT AND ARE REPRESENTATIONS MADE TO BE RELIED UPON BY ALL LUMBER ONE COMPANIES. APPLICANT AUTHORIZES ALL LUMBER ONE COMPANIES TO MAKE WHATEVER CREDIT INQUIRIES IT MAY REQUIRE CONCERNING THIS APPLICATION.

The undersigned jointly and severally, in consideration of the monthly billing privileges being extended to the above named Applicant, do hereby unconditionally guarantee and promise to pay any and all obligations of said Applicant which have in the past or may in the future be owing to all Lumber One Companies on open account or otherwise, including without limitation service charges and attorney’s fees. The undersigned waive any right to require all Lumber One Companies to proceed against Applicant or pursue any other remedy and any statute of limitations pertaining hereto; and the undersigned further waive all demands for performance, notices of non-performance, and the incurrence or modification of existing or additional indebtedness. No delay in the enforcement of this personal guaranty shall affect the liability of any of the undersigned.