CREDIT AGREEMENT

In consideration of the extension of credit by Vendor, the undersigned Applicant agrees as follows:

1. Applicant will pay in full all amounts shown as due on the monthly billing provided by Vendor. Full payment is due no later than the thirtieth (30th) of the month following billing. Any amounts not paid by the last day of the month following billing shall accrue interest at the maximum rate allowed by law per month from date due until paid. The undersigned purchaser agrees to pay, in the event the account becomes delinquent and is turned over to a third party for collection, or in the event that Vender successfully defends itself of others in any other litigation relating to this agreement, reasonable attorney’s fees plus all attendent costs and fees.
2. Applicant will notify Vendor in writing of any disputed charges on the monthly billing by the fifteenth (15th) of the month following the billing. Failure to so notify Vendor in writing shall mean that Applicant agrees that the charges reflected on said billing are correct.
3. Applicant cannot return merchandise without Vendor’s authorization. A restocking charge of 15% will be charged for all merchandise returned to the yard. If we pick up material a 20% restocking charge will apply. This charge will only be waived when the Vendor is in error.
4. Vendor shall not be liable for any delays in delivering merchandise.
5. Vendor shall not be liable for incidental or consequential losses, damages, or expenses directly or indirectly arising from the sale or use of the goods or from any other cause relating hereto, and Vendor’s liability in any case is expressly limited to the replacement of goods (in the form originally shipped) or, at Vendor’s election, to the repayment of, or crediting buyer with, and amount equal to the purchase price of such goods whether such claims are for breach of warranty or negligence.
6. Applicant agrees to immediately notify Vendor in writing of any change of ownership or form of the business of Applicant.
7. This agreement may only be modified or amended by writing duly executed by all parties hereto. After any cancellation, the terms of this Agreement shall apply to all merchandise sold prior to said written notification.
8. Those persons executing this agreement on behalf of Applicant warrant and represent that they have authority to bind Applicant and enter into this agreement.
9. The provisions contained in this agreement are severable and if any single provision is found to be unenforceable, it shall not make the remainder of this agreement unenforceable.
10. By signing this agreement, the applicant hereby consents to KCG Inc/Rew Materials right to Investigate their credit, employment, income and any other investigations KCG Inc/Rew Materials deems necessary, to make a sound credit decision.
11. The undersigned also agrees that all suits, actions or other proceedings arising out of, or related directly or indirectly to this credit application or any sales of KCG Inc/Rew Materials. goods shall be brought in the venue of KCG Inc’s choice. In the case a judgement is issued against the undersigned, any cost incurred after the judgement shall also be paid and borne to the undersigned.

Indemnification for Vertical Stacking

Customer acknowledges that it is KCG’s custom and practice upon delivery of wallboard to flat stack the wallboard at the intended delivery site. Any orders placed pursuant to this application shall be deemed to be orders instructing KCG to flat stack the board pursuant to their normal custom and practice, unless instructions are received to the contrary. In the event that a Customer wishes KCG to vertical stack wall board at the intended delivery site, Customer acknowledges that it is making that request with the understanding that KCG is agreeing to do so based only upon the Customer’s agreement to indemnify and hold KCG, its shareholders, officers, directors, employees, agents, predecessor entities, successors and assigns harmless from any and all damages, costs or expenses, including reasonable attorneys’ fees, incurred by KCG in connection with any cause of action, claim or lawsuit based upon or related to said vertical stacking. Customer agrees that KCG’s delivery and vertical stacking of wallboard at the delivery site pursuant to the instruction of Customer shall be evidence that KCG has satisfied its obligations to Customer in a manner sufficient to compensate Customer for and initiate Customer’s obligations to indemnify KCG hereunder.

SIGNED AND DELIVERED this _______ day of _________________________, 20__.

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(Applicant Signature)

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(Applicant Signature)