If seller elects to extend buyer credit, all invoices are due and payable on or before the 10th of the month of purchase. A late payment of 1-1/2% interest (18% annually) will be added to all past
due amounts or balance over. In case buyer becomes, or is, insolvent, bankrupt or any proceeding materially affecting his business or property is instituted against buyer, or buyer
fails to pay seller's invoices when due, seller shall, at its option, be free to curtail or discontinue its sales or deliveries for so long as such conditions shall continue. In addition, buyer shall be
responsible and obligated to pay all court costs, reasonable attorney's fees, and other expenses incurred by the seller in collection and liquidation of buyers past due charges.
PAST DUE ACCOUNTS:
If your account becomes past due you will not be allowed to make additional charges until the account is paid. If circumstances should arise that prevents you from paying the account off within
date due, then the credit manager must be notified. Arrangements will then be made for payment of the account. The account will be subject to a late payment of 1½ % per month (18%
annually), which will be added to all past due amounts or balances. In addition, you will be responsible for and obligated to pay all court costs, reasonable attorney’s fees, and
other expenses incurred by Howard Lumber & Hardware in the collection of past due charges.
Preliminary Liens, Notices to Contractors and/or Material man’s Liens may be filed on construction jobs to protect Howard Lumber & Hardware’s interest. All customer jobs must be indicated on
each ticket with a full name, address or lot number of the property being improved or a purchase order number, if required by your company. This will help you and Howard Lumber & Hardware
to keep a correct record of your purchases by jobs. If requested, you are obligated to furnish Howard Lumber & Hardware with all necessary information to perfect a preliminary or Material
Buyer, as an inducement to seller to sell and deliver the items agreed upon, hereby expressly represents to seller that the buyer has not done and will not do, either directly or indirectly,
anything whatsoever which has, or will have, the effect of releasing, waiving, or surrendering, the Mechanics Lien Rights of seller to the property improved. No Waivers of Lien for materials shall
be required of seller until the same shall have been paid in full. Upon demand of seller, buyer shall be obligated to immediately furnish seller with all necessary for seller to perfect the
Mechanics Liens. Buyer agrees to pay for all court costs, recording fees, reasonable attorney's fees, and other expenses incurred by seller in securing sellers Mechanics Liens in the event of
default by the buyer to pay according to the items states in paragraphs listed hereof.
Howard Lumber Supply Pick-Up Policy
DELIVER AND ACCEPTANCE OF TITLE OF GOODS
- In an effort to keep cost down to our valued customers we are implementing the following pick-up policy.
- Pick ups for stock material are to be scheduled with your sales representative or shipping personnel at Howard Lumber Co. The materials being picked up for credit needs to be counted, stacked neatly and accessible to our delivery personnel.
- All pick-ups will be scheduled and routed with regular deliveries and completed within a maximum of 48 hours from receiving them in our shipping office.
- It is the goal of Howard Lumber to issue credits promptly on returned products and we ask that all material returned be in resalable condition. Credits will not be issued on damaged material! For Example (CUT LUMBER, LUMBER WITH NAILS OR THAT HAS BEEN NAILED, WEATHER DAMAGED PLYWOOD, TRIM COVERED IN SHEETROCK MUD, ETC.)
- Credits will not be issued on special order items.
- HLH reserves the right to charge a 10% restock fee on all credits returned to our location on products picked up by our delivery team.
- Exceptions or deviations from the above policy are subject to management approval and will be communicated to the customer.
Title to the material shall pass from the Seller (HLH) to the Buyer upon delivery thereof to Buyer or his agent and thereafter shall be Buyers Risk. Claims for shortages, breakages or for any
nonconformance with the terms and conditions of the order shall be noted on the Seller’s delivery receipt by the buyer at the time of delivery; otherwise, the Seller shall not be responsible for
any such claims. If the delivery is by common carrier, delivery by the Seller to the carrier at point of origin shall constitute delivery to the Buyer and thereafter the shipment shall be at Buyers
Risk, and claims for loss or damage must be filed by the Buyer against the carrier. Title to goods loaded onto Buyers conveyance and Seller’s warehouse passes to the buyer at the Sellers loading dock. If, upon delivery at job site, there is not present at the job site an employee of the Buyer authorized to accept delivery and sign a delivery document evidencing delivery of material
as listed on the delivery slip or invoice document, then the Seller reserves the right to deposit material at the delivery area previously designated by the Buyer without obtaining a signed receipt
therefore, and the Buyer agrees to liability of payment of this invoice as if it were signed by an authorized employee of the Buyer, unless the Buyer has previously instructed the Seller not to
deposit material at the designated delivery area without obtaining a signed delivery receipt from an authorized employee of the Buyer.
DELIVERY AND PURCHASE:
Buyer authorizes purchases and deliveries to be made without signature. Buyer shall have an agent supply him with a receipt for all materials. In case of agent’s absence, seller, may, at its
option, deliver the same, and the drivers signature and statement in writing as to articles so delivered shall be conclusive evidence of delivery of said articles. All materials when delivered and
receipted for shall become the sole responsibility of the buyer thereafter and all risks of loss shall be transferred to buyer. Seller shall not be liable and shall have no responsibility in connection
with goods or materials placed in or upon buyer's vehicle, even if seller loads or helps load materials upon buyer’s vehicle. Buyer hereby waives any and all claims, demands, or rights in
connection with losses or liabilities that may arise out of loading or unloading materials in or upon buyer’s vehicles
MATERIALS LEFT IN OUR WAREHOUSES:
While we will make every effort to insure that the transfer of title and acceptance of goods is maintained in accordance with the Delivery and Acceptance of Title of Goods policy above, Howard
Lumber & Hardware, Inc. reserves the right to not accept responsibility for any materials bought (either in full, partial payment and/or on account) that has not been picked up from our
warehouse or delivered to the Buyer after 60 days from the date of the first sale or transaction.
Buyer shall pay to Seller the amount of any and all taxes, excises, or other charges which Seller may be required to pay or to collect for any government, national, state, or local, or upon or
measured by the production, sales, transportation, delivery or use of the merchandise sold hereunder.
Delay in delivery or non-delivery in whole and/or part by Seller shall not be a breach of the sale if performance is made impractical by the occurrence of any one or more of the following
contingencies, the non-occurrence of which is basic assumption on which the agreement is made: (a) Fires, Floods, or other casualties: (b) Wars, Riots, Civil Commotion, Embargoes,
governmental regulations or martial law, (c) Seller’s inability to obtain necessary materials (finished or otherwise) from its usual sources of supply; (d) Shortage of cars or trucks or delays in
transit; € Existing or future strikes or other labor troubles affecting production or shipment, weather involving employees of Seller or employees of others, and regardless of responsibility or fault
on the part of the employer, and (f) other contingencies of manufacture or shipments, whether or not of a class or kind mentioned herein and not reasonably with Sellers Control.
An estimate is designed solely to provide the contractor/customer with a rough estimate of the amount of material used in the given project. The material estimate will be based upon
calculations or data provided by the contractor/customer and such estimate assumes, among other things, normal and typical building and construction techniques. The actual amount of
material used may vary from the material estimate due to a number of factors. Consequently, no representation or warranty has been made that the actual amount of material used will not vary
from any estimate.
In consideration of the extension of credit granted by Howard Lumber & Hardware, Inc., the undersigned does hereby unconditionally guarantee payment of whatever amount shall at any time
be owing to an account of goods and materials hereafter delivered, furnished, or supplied, whether said indebtedness in the formof note, bills, or open account. This shall be an open and
continuing guaranty and shall continue in force notwithstanding any changes in the form of such indebtedness or renewals or extensions granted by the Company, without obtaining any consent
thereto, and until expressly revoked by written notice from me to you and such revocation shall not in any manner affect my liability as to any indebtedness contracted for prior thereto. The
undersigned Guarantor(s) further agrees to pay all expenses including court costs, attorney's fees paid or incurred by the companies in collection of any or all amounts owed them by the credit
applicant(s) or in enforcing this guaranty agreement. This guaranty shall be a continuing, absolute and unconditional guaranty and shall by enforceable by Howard Lumber & Hardware. All
diligence in collection or protection and all presentment, demand, protest and/or notice as to anyone or everyone, of dishonor and default and of nonpayment and the creation and existence of
any and all guaranteed debts and of any and all extensions of credit and indulgence hereunder, are expressly waived. The liability of the undersigned Guarantor(s) shall be joint and several.
Payment from the Guarantor(s) of monies due and owing as a result of this guaranty agreement shall be due upon demand of Howard Lumber & Hardware, Inc.
Furthermore, by signing below, I agree to pay my account balance in full upon receipt of the monthly statement. Any unpaid balance at the end of the month will be considered overdue and I
agree to pay 1 1/2% per month late fee on the unpaid balance. This agreement does not create a line of credit. By signing below, I/we acknowledge and agree that all information provided in or
in connection with this credit application and agreement is true and correct as of the date submitted; that you are responsible for any loss or damage we incur due to reliance upon any
misrepresentation or inaccuracy you have made; that we are authorized to verify and reverify any information contained in this agreement either directly by contacting a named reference or
source, or by using a third party such as a credit reporting agency; that we may request a credit report on you (including any individual owner or officer of borrower or guarantor); and if you ask
we will tell you whether a credit report was ordered and if so, the name and address of the consumer reporting agency that furnished the report. Without prior notice we may order subsequent
credit reports or contact any source or reference to update, renew or extend terms of your credit with us. (The undersigned hereby knowingly consents to the use of such credit report consistent
with the Federal Fair Credit Reporting Act as contained in 15 U.S.C.@ 1861 et seq.)