Terms and Conditions
Terms of each individual sale or service are set forth on each invoice/ proposal and Applicant/Customer hereby agrees to the terms on each invoice/ proposal. In the event of any conflict between the terms set forth on an invoice or proposal of services and contained herein, the terms herein shall prevail. Until applicant/Customer has made settlement with Seller/Provider of the full amount due to Seller/Provider with respect to any good or services supplied by seller for which Applicant receives payment from a third-party, Applicant shall segregate the proceeds for those and hold the same in trust for Seller. Seller shall have an equitable lien on funds paid to applicant until payment is made to seller/ provider.
In the event that volumetric quantities are provided applicant/Customer authorizes the use of Load Scan volumetric scanners, quantities are rounded to the nearest 1/10 cubic yard.
Applicant/Customer authorizes and consents to seller obtaining any and all credit reports and information it deems necessary from any and all sources.Applicant/Customer further authorizes seller to reinvestigate Applicants credit as Seller deems necessary in its sole discretion. Seller/ Provider reserves the right to limit or terminate any extension of creditor terminate services to Applicant/Customer in Seller’s in the event of any non-payment outside of terms.Applicant/Customer authorizes Seller to act as a credit reference for Applicant by responding to inquiries from other creditors, trade associations or potential creditors of the Applicant/Customer regarding transactions or experiences with Applicant/Customer.
Each of the undersigned does hereby certify that he/she is authorized to sign this credit application/agreement on the behalf of the Applicant; that the information contained herein is true, accurate, and complete in all aspects; and that all purchases made or services requested by Applicant/ Customer can and will be made in the ordinary course of business of Applicant/ Customer for business purposes and that no credit sought or will be obtained for personal purposes. Applicant/ Customer will advise seller in writing at the address referenced on its invoices with any changes in respect to any of the information included in this application or any other information that could reasonably affect the Applicants/Customers ability to pay.
Applicant/Customer agrees to be liable for and immediately pay to Seller/ Provider any and all court costs, reasonable attorney’s fees, lien costs and all other costs, expenses incurred by Seller/ Provider in enforcing the terms of this Credit Application, Agreement, or collecting or attempting to collect money from Applicant/ Client, or enforcing or defending or prosecuting any claim against bonding companies, disbursing officers, guarantors, claims based on mechanics liens, stop notices or payment bonds up to the maximum amount allowable under state law, should any or all of this account be placed for collection. Seller/ Provider retains right to amend or change this agreement upon written notice toApplicant at its sole discretion.
Applicant hereby agrees to payment within 30 days of invoice. Applicant agrees to pay Seller a monthly finance charge of 1.5% per month (18% per annum) that will accrue on a daily basis on any unpaid balances past due date.
The party executing this agreement on behalf ofApplicant/ Customer(Guarantor), by execution here of, personally guarantees the performance of Applicant/ Customer of all of the terms and conditions