TERMS AND CONDITIONS OF CREDIT

In consideration of the processing by Hanford Sand & Gravel , Inc. (hereafter: “Seller”) of this application, and/or the extension of any credit to applicant and/or the making of any sale to applicant subsequent to signing this document by applicant, applicant (hereafter: “Seller”) of this application, and/or the extension of any credit to applicant and/or the making of any sale to applicant subsequent to signing of this document by applicant, applicant (hereafter: “Buyer”) agrees as follows:

1. Payments of credit sales shall be due 30 days from Date of Sale, unless otherwise stated on sales agreement. If a discount is offered, it will be indicated on the invoice and may be taken if payment is received in our office as stated in the terms on the invoice.
2. Interest shall accrue on all past due amounts over 30 days, at the rate of 2% per month, annual rate of 24%, or at the maximum rate permitted by law. Payments that do not specify invoice numbers shall first be applied to any finance charges due, and the remainder to be applied towards the oldest principal balance outstanding.
3. Balances that age to 90 days will affect the status of the account, causing a temporary closure until said balances are paid including the accrued finance charges.
4. In the event a lawsuit to collect amounts not paid when due, the prevailing party shall be entitled to recover costs of suit and reasonable attorney’s fees. In the event a lawsuit is commenced, and Buyer should want to pay off the amount in full prior to judgment, Seller shall, in addition to principal and interest, be entitled to attorney’s fees and costs of suit incurred to that point.
5. A fee of $100.00 will be charged on all returned checks.
6. Buyer agrees to promptly obtain and furnish to Seller upon written or oral request, information needed by Seller for proper filling and service of a California Preliminary Twenty (20) Day Notice under the mechanics lien laws.
7. Regardless of the location of Buyer’s residence, jurisdiction for the enforcement of all and any transactions made, pursuant to this credit application shall be performed in the County of Sacramento, State of California. The laws and decisions of the State of California shall govern all transactions taking place between the parties.
8. Except as otherwise provided by written contract, title for materials pass from Seller to Buyer when delivered by Hanford Sand & Gravel, Inc.
9. Buyer shall be entirely responsible for the manner in which any materials purchased are used or modified by Buyer. Buyer shall defend, indemnify and hold harmless Hanford Ready Mix, Inc. against any claims of third parties arising from or relating to Buyers use or modification of such materials. Seller makes no representation or warranties that any product will meet any particular specification. SELLER PROVIDES NO WARRANTIES FOR ANY PRODUCT EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. All payments by Buyer shall be made to Hanford Ready Mix, Inc. at its principal place of business, 9800 Kent Street Elk Grove, CA 95624
11. This credit application and agreement shall continue in full force and effect until Seller shall receive from Buyer written notice of revocation and/or change of status. Notice of revocation and/or change of status shall not in any way relieve Buyer from liability for any indebtedness incurred prior to the actual receipt by Seller of such notice. Moreover, receipt by Seller of a check or checks or correspondence showing a different name that the name on the account shall not constitute written notice of a change of status.
12. The person filling out this application declares under penalty of perjury that the information provided herein by applicant is true and correct, and that he or she is authorized to sign this agreement on behalf of Buyer.

Agreement
Applicant by their filling out of the form, warrants that all statements on this form are true and correct and are made for the purpose of obtaining credit with Hanford Sand & Gravel Inc. Applicant authorizes Hanford Sand & Gravel, Inc. to request credit information from the references herein listed or from other sources pertaining to Applicant’s financial responsibility. Applicant agrees to credit terms listed in Terms and Conditions of Credit.