STATEMENT: In consideration of credit being extended by EMSCO ELECTRIC SUPPLY CO., INC., the undersigned understands (1) that it will be paying a Time Price as defined below; (2) that the information contained herein is being relied upon by EMSCO ELECTRIC SUPPLY CO., INC., for the extension of credit; (3) that the information stated above by the undersigned is true and correct; (4) that the undersigned agrees to make payment as set forth hereafter.

ALL PRICES NET, but may be subject to a cash discount for payment of the account in full on or before the 10th of the month following purchase. Accounts are due by the 25th of the month following the month of purchase. Accounts not paid by the 25th of the month following purchase are subject to C.O.D. terms thereafter. The interest of 1 1/2 % per month - 18% per annum - will be charged on all past due accounts beginning 30 days after the date due.

MECHANICS’ LIENS: Buyer, as an inducement to the seller to sell and deliver the items agreed upon, hereby expressly represents to the seller that 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 the seller on the property to be improved. No Waivers of Lien for materials shall be required of the seller until the same shall have been fully paid for. Upon demand by seller, the buyer shall be obligated to
immediately furnish the seller with all necessary legal descriptions and all other relevant information necessary for the seller to perfect a Mechanics’ Lien or bond claim.

DAMAGES: Buyer agrees to pay EMSCO all court costs, recording fees, reasonable attorney’s fees, and other expenses incurred by the seller in securing seller’s Mechanics’ Lien and bond claims. Buyer agrees to pay all expenses of EMSCO, including those above, in the enforcement of this contract in the event of default by the buyer to pay according to the terms stated herein.

DELIVERY AND PURCHASES: The buyer authorizes purchases and deliveries to be made without signature. Buyer shall have an agent on the job site to receipt for all materials. In case of agent’s absence, the seller may, at its option, deliver the same, and the driver’s 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 shall become the sole responsibility of the buyer thereafter and all risks of loss thereafter shall be the
buyers. 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 in or 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 materials in or upon buyer’s vehicle.

MATERIALS RETURNED: Unless due to the seller’s error, no materials are to be returned or credit allowed without the seller’s prior authorization. Authorized returns in good condition are credited at invoice price less 20% to cover handling and service charges and expenses. Special ordered, non-stock merchandise may not be returned. All returns for credit must be accompanied by a purchase receipt.

DISCLAIMER OF RESPONSIBILITY AND LIABILITY: EMSCO ELECTRIC SUPPLY CO., INC., is not the manufacturer of any merchandise it sells. EMSCO HEREBY DISCLAIMS any warranty, liability, or responsibility for any merchandise sold, including any warranty of “merchantability” or of “fitness or suitability for a particular purpose,” such liability being wholly that of the manufacturer. These goods and products are sold by EMSCO “as is” and with all faults. FURTHER, EMSCO disclaims and will not be responsible for any damages or injury caused by the failure of products sold, nor will it be responsible for consequential damages alleged to be the result of the failure of said products sold.

BUYER hereby expressly acknowledges having read this paragraph, agrees and consents to the terms expressed thereby, and waives any and all claims, demands, or rights to the contrary.

PLEASE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND DO NOT HESITATE TO ASK US ABOUT ANY OF THEM IF YOU SHOULD HAVE ANY QUESTIONS OR DO NOT
UNDERSTAND THEM.

In consideration of the extension of credit granted by EMSCO ELECTRIC SUPPLY CO., INC., to CREDIT APPLICANT, the undersigned Guarantor does hereby unconditionally guarantee payment of whatever amount the Credit Applicant, named on the reverse side hereof, shall at any time be owing on account of goods and materials hereafter delivered, furnished or supplied, whether said indebtedness is in the form of contract, notes, bills or open account. This shall be an open and continuing guaranty and shall continue in force notwithstanding any change in the form of such indebtedness, or renewals or extensions granted by EMSCO. The undersigned Guarantor further agrees to pay all expenses, including court costs, attorney’s fees paid or incurred by EMSCO in the collection of any or all amounts owed EMSCO by the Credit Applicant or in enforcing this guaranty agreement.

This guaranty shall be a continuing, absolute, and unconditional guaranty and shall be enforceable by EMSCO ELECTRIC SUPPLY CO., INC.

All diligence in the collection and all presentment, demand, protest, and/or notice as to anyone or everyone, of dishonor and default and of non-payment 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 with Credit Applicant and payment from the Guarantor of monies due and owing as a result of this guaranty agreement shall be due when due from Credit Applicant without further demand of Guarantor by EMSCO ELECTRIC SUPPLY CO., INC

I am consenting to complete and receive, by electronic means, including through the email address provided above, communications regarding my application, including notice of your decision on my application as well as important account opening information regarding rates, fees, and other costs related to the account for which I am applying. I understand that these electronic disclosures may not be available in any paper or non-electronic form, so if I would like to retain a copy for my records, I may print or download these disclosures during this application process. I understand that to access and retain these electronic disclosures I must have or have access to the following hardware and software: (1) a computer or mobile device with Internet or mobile connectivity and an operating system; (2) an Internet browser that supports HTML 4.0, SSL encryption and JavaScript (e.g., the latest version of Internet Explorer, Firefox, Chrome or Safari); (3) software capable of opening documents in PDF format; (4) access to the email address I provided above; and (5) sufficient storage space to save Communications or a printer to print them. I understand that I must consent to receive these materials electronically to submit this application.

EMSCO Electric Supply will begin processing this application as soon as it is received and will hold all information in strict confidence. TO EXPEDITE, PLEASE MAKE SURE THE ENTIRE APPLICATION IS COMPLETE AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE BUSINESS. I, the undersigned, certify that I am an authorized Signature of the applicant, and can disclose information on behalf of the applicant and that all the information provided is true and correct. I hereby authorize EMSCO Electric Supply or any agency or credit bureau employed by them, to investigate any references or other data obtained from me or from any other source. I authorize the references listed to provide any information requested by EMSCO Electric Supply. I understand and agree that the applicant shall adhere to EMSCO Electric Supply’s set terms and credit limits and that payment in full is due within the terms granted by EMSCO Electric Supply. Any invoice not paid within the terms set by EMSCO Electric Supply will be subject to a late fee of 1% on all overdue balances. Furthermore, I understand and agree that in the event EMSCO Electric Supply, by reason of the account's delinquency and/or any reasonable reason, place the account with a collection agency or with an attorney, I will pay all costs, collection fees, and attorney fees incurred by EMSCO Electric Supply.