Credit Application. Customer Information

Transcription

1 RCI Roofing Supply Company Inc RCI Omaha: RCI Lincoln: RCI Kearney: RCI Scottsbluff: 7702 S. 168 th St 3400 Cornhusker HWY th Road 417 S 9 th St Omaha, NE Lincoln, NE Kearney, NE Scottsbluff, NE Phone: (402) Phone: (402) Phone: (308) Phone: (308) Fax: (402) Fax: (402) Fax: (308) Fax: (308) RCI Council Bluffs: RCI Pueblo: 1000 S 6 th St 3400 Cornhusker HWY Council Bluffs, IA Pueblo, CO Phone: (712) Phone: (719) Fax: (712) Fax: (719) Credit Application Red Cedar Companies Group, (herein RCI ) takes pride in providing excellent, Professional service to our customers. Fill out this application and the personal guarantee as completely as possible to help us serve you more quickly. An original signature is required and MUST be provided by an owner or authorized agent or manager. Customer Information Type of Business: (Check One) Sole Proprietor Partnership Corporation LLC Name of Customer s Business: Legal Name (if different): Business Address: City: ST: Zip: Billing Address (if different): City: ST: Zip: Business Telephone: Fax: Federal Tax ID No. Sales Tax Exemption No. If Tax Exempt/ Attach Certificate Attached DUNS#: Person to Contact Regarding Accounts Payable: Name: Phone: Owners and/or Officers Information: List of Officers/Owners/Principles with home address and Social Security Numbers, supported by an IRS Form W 9: Name: Title: Address: City: ST: Zip:

2 Cell or AlterNet Number: SSN#: of Birth: County: Driver s License#: And a copy attached Name: Title: Address: City: ST: Zip: Cell or AlterNet Number: SSN#: of Birth: County: Driver s License#: And a copy attached Bank Information: Bank name: Phone: Contact person: Type of Account(s): Account Number(s): Type of Account(s): Account Number(s): Major Trade References: List three trade references Name: Name: Name: Credit Line Desired: (in order to be considered for credit with RCI, a recent financial statement must be with attached, a personal guarantee of a corporate office or owner, and a listing of personal assets.) Customer s signature below attests to the truthfulness of the information contained in this credit application and annexed financial statements. Buyer further attests that the above information is submitted for the purpose of obtaining credit and expressly authorizes RCI to make inquiries necessary to obtain credit information and authorizes Customer s bank and/or suppliers to release information regarding their account(s). Authorized Signature Name Print Name Customer Credit Release of Information I/we hereby authorize the release of information deemed necessary in connection with a credit report for the approval or consideration thereof for purchases from RCI. This information is for the confidential use of RCI. Authorized Signature Name Print Name

3 CREDIT AGREEMENT BETWEEN: AND: RCI Roofing Supply Company, Inc. Hereafter named "Customer" Hereafter named "RCI The undersigned, Customer ( Customer ) hereby applies for a credit account (the "Account"), which, if granted by RCI shall be subject to the following terms and conditions: 1. AMOUNTS CHARGED TO ACCOUNT (i) All purchases made from RCI by the Customer on credit, and all interest and costs payable by the Customer with respect to such purchases, shall be charged to the Account according to the amount and the due date appearing on the invoice relating to such purchases ("the Invoice); (ii) For the purposes of this agreement, all purchases not paid for on a cash on delivery basis shall be deemed to be credit purchases subject to the terms of this agreement. 2. PAYMENT TERMS (1) All invoices must be paid by the customer to RCI in United States currency by the due date appearing on the Invoice. (ii) All invoices which are unpaid by the Customer at their respective due dates will be considered delinquent and interest (as hereinafter defined) will be added to the delinquent amount in the Account until the total amount of the Invoice, including interest, is paid. "Interest" will be one and three tenths percent (1.3%) per month, fifteen and six tenths percent (15.6%) per year, unless such interest rate shall exceed the maximum rate allowed by law, in which case the interest rate shall be the maximum rate allowed by law. (iii) In the event the Customer is in default to pay an Invoice by its due date, RCI may terminate or amend the terms provided herein or on any Invoice and demand immediate payment of all amounts owing to RCI by Customer; (iv) All judicial and extra judicial fees, charges and disbursements, including professional fees, along with any administrative cost and disbursement incurred by RCI to recover amounts due by the Customer will be charged to the Customer and added to the Account; (iv) In the event one or more of the Customer's payments is refused by any financial institution, for any reason whatsoever RCI my exercise any of the rights provided for in this section 2 and may, in addition, charge a fee of up to fifty United States dollars (U.S. $50.00) to the Account for each payment so refused. 3. DEFAULT In the event the Customer becomes insolvent, if a petition in bankruptcy is presented against it, if a seizure is performed against its assets or if any type of receiver is nominated in its respect, or if in RCI's reasonable opinion it is possible that the Customer is not or will not be able to discharge its duties or respect its obligations, RCI can, without prejudice to its other rights and resources, request that the Customer provide it with a security interest or an additional guaranty, satisfactory in form and substance to RCI, in order to ensure that all products delivered to the Customer by RCI will be paid. If the Customer neglects to meet such a request by RCI without delay or neglects any other sales conditions or necessary payment, RCI reserves the right to, without notice, cancel all pending orders and declare the Account due immediately payable. 4. FINANCIAL INFORMATION Customer authorizes RCI to obtain credit and financial information concerning Customer at any time and from any source, including financial institutions, trade credit references and credit reporting agencies. Customer consents to RCI's use of such information in connection with any decision to extend or terminate credit to Customer. At RCI's request, Customer shall provide financial statements and such other financial or other pertinent information of the Customer, in order to allow RCI to evaluate Customer's financial situation or any other matter related to Customer's business. Customer agrees to release and hold harmless RCI from, and indemnify RCI for any claims or liabilities in connection with such credit, financial and other pertinent information to Customer. 5. AMENDMENT From time to time and at anytime, RCI may amend or revise the terms of this agreement, and may increase, decrease or terminate any credit availability to Customer within its sole discretion, provided that any such amendment or revision shall be presented to Customer in writing prior to implementation. 6. APPLICABLE LAWS AND JURISDICTION This agreement and the rights, obligations and relations to the parties shall be governed by and construed in accordance with the internal laws of the State of Nebraska. The parties agree that the District or County Court of Sarpy County, Nebraska shall have jurisdiction to entertain any action or other legal proceedings instituted based on any provision of this agreement or in any way related thereto to the exclusion of all other courts. Each party does hereby irrevocably attorn to the jurisdiction of the District and/or County Courts for Sarpy County, Nebraska. 7. ENTIRE AGREEMENT With respect to the subject matter of this agreement, this agreement constitutes the entire agreement between the parties and supersedes all prior understandings and communications, oral or written, between the parties. Any additional or different condition specified by the Customer on a purchase order or in a different way (whether spoken, typed, hand written or printed) that changes, modifies, enhances, differs or adds to the terms and conditions of this agreement is null and of absolute nullity even if (i) RCI doesn't expressly oppose the said terms and conditions or (ii) these terms and conditions are specified after the evaluation of confirmation of the purchase order by RCI. 8. ASSIGNMENT This agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns, except that Customer may not assign or transfer all or any part of its rights or obligations hereunder without the express prior written consent of RCI. RCI may at any time assign or otherwise transfer all or any part of its interest hereunder and any credit hereunder, and, to the extent of such assignment, any such assignee shall have the same rights or benefits against Customer, as if such assignee was RCI. 9. COMMERCIAL CREDIT ONLY

4 Customer represents and warrants to RCI that Customer will use the credit requested hereunder for business and commercial purposes only and not for personal, family or household purposes. Customer understands that RCI is relying on the foregoing representation and would not otherwise extend credit to Customer. Signed in, this day of, 20. Customer Name (please print) RCI ROOFING SUPPLY COMPANY, INC.: Customer's or Authorized Representative's signature By: Personal Guarantee To induce RCI Roofing Supply Co Inc, ( RCI ) to enter into a credit/ customer agreement (the Agreement ) annexed to this Guarantee,, and for other good and valuable consideration hereby acknowledged, the undersigned ( Guarantor ) hereby, jointly and severally, personally and unconditionally guarantee the prompt, full and complete performance of any and all covenants and agreements of customer to RCI and the payment of any and all indebtedness, damages, costs and expenses, including, but not limited to, attorneys fees and costs of collection, now due or which may become due to RCI by Customer. This Guarantee is and shall be absolute and unconditional, effective upon the date set forth below Guarantor s signature herein, and not contingent upon the occurrence or nonoccurrence of any event whatsoever. This Guarantee shall remain in full force and effect until the termination of the Agreement; provided, however, that Guarantor shall not be released from any obligation under this Guarantee so long as any claim of RCI against Customer which arises out of, or relates to, directly or indirectly, the Agreement is not settled to the satisfaction of RCI and discharged in full. The Guarantor expressly waives: a) Notice of acceptance of this Guarantee by RCI; b) Notice of any default or non-performance of Customer under the Agreement: c) Notice of any modification to the Agreement or any extension of time granted to Customer; and, d) All defenses, offsets and counterclaims which Guarantor may at any time have to any claim of RCI against Customer. Guarantor expressly acknowledges that amendment to or modification of the Agreement or the renewal or extension of any indebtedness of Customer shall not in any manner release, affect or impair Guarantor s liability under this Guarantee. RCI may, at its discretion, proceed against Guarantor, jointly and/or severally, to collect any obligation covered by this Guarantee without first proceeding against Customer or resort to any security, property, liens or other remedies whatsoever. The liability hereunder shall in no way be affected or impaired by the acceptance or release of any security for or additional parties upon or other guaranties upon any obligations, liabilities, indebtedness, fees or expenses set out in the Agreement. Upon five days written notice by RCI, Guarantor shall pay any and all indebtedness, damages, costs and expenses due to RCI by Customer and shall perform any and all duties and obligations of Customer to RCI. This guarantee shall be construed pursuant to the laws of the State of Nebraska and shall inure to the benefit of RCI its successors and assigns and shall be binding on Guarantor, his heirs and assigns. Any notice to be given Guarantor may be sent to the address provided below, and all communications so sent, whether by mail, facsimile, messenger or otherwise shall be duly given to Guarantor personally, whether or not actually received. Notices sent by mail shall be deemed duly given on the third business day following the date of mailing. All disputes, claims, actions or proceedings arising directly or indirectly from or in connection with this Guarantee shall be litigated at the election of RCI at Sarpy County, State of Nebraska, and Guarantor hereby voluntarily submits to the jurisdiction of Sarpy County, State of Nebraska and. Guarantor expressly waives any right which he or she may have to transfer or change the venue of any litigation brought against Guarantor by RCI. A listing of assets pledged as collateral for the Agreement is attached hereto. This list is not construed to be a list of all assets that may be encumbered to settle debts related to the Agreement. However, the value of the assets listed will exceed the credit line requested by one hundred fifty percent (150%). Additionally, all assets listed which are co-owned are only co-owned by the undersigned Guarantors. Personal Asset Listing: Residence: Address: City: St: Zip: Value: Co-owner: Vehicle/ Equipment: Description: Make/ Year: Other Personal Property:

5 All pronouns shall be deemed to refer to the masculine or feminine, as the identity of the person any require; the entire singular shall import the plural in the context of this guarantee. Individually as Guarantor _ Co-owner or individually, as Guarantor Address Social Security Number (as on W-9) _ Address _ Social Security Number (as on W-9) Documents may be faxed to within seven (7) working days for early set up but will need the originals mailed back within 10 days for permanent account: RCI Roofing Supply Co. Inc Attn: Accounting Group 7702 S 168 th St. Omaha, NE Attachments: Financial Statements IRS Form W-9(s) Additional Personal Asset List