Terms of Sale, including terms of payment and charges, for each purchase are agreed to by those specified on the face of each invoice. The customer hereby agrees to pay all costs of collection or legal fees should such action be necessary due to non-payment. All information in this “Credit Application” is willingly supplied and the creditor is authorized to contact the above bank and trade references in order to establish the creditworthiness of the above named company. If the applicant is not a corporation, the creditor is authorized to obtain credit reports on the proprietors, partners or principals. Should credit availability be granted by the creditor, all decisions with respect to the extension or continuation shall be in the sole discretion of the creditor. The creditor may terminate any credit availability within its sole discretion. All payments received 5 days from due date will be assessed and a late charge computed daily at the rate of 2% per month. Returns will be assessed a 25% restocking fee plus freight. Returns must be requested by customer within 72 hours. Customer is responsible for return freight.

Disputes: Any dispute or controversy arising from this agreement will be resolved by arbitration by the American Arbitration Association at San Antonio, Texas. The language of the arbitration shall be in English. The number of arbitrators shall be one. The parties agree the American Association’s expedited rules shall apply and they waive all right to any hearing requiring witness protection. The arbitrator shall issue an award based on upon the written documentary evidence supplied by the parties. The arbitrator’s award shall be binding and final. The losing party shall pay all arbitration expenses, including all attorneys’ fees.

Guarantee: The undersigned, for consideration do hereby individually and personally guarantee the full and prompt payment of all indebtedness heretofore or hereafter incurred by the above business. This guarantee shall not be affected by the amount of credit extended or any change in the form of said indebtedness. Notice of the acceptance of this guarantee, extension of credit, modification in terms of payment, and any right or demand to proceed against the principal debtor is hereby waived. This is a continuing guarantee and may only be revoked by written notice which shall be sent to the creditor’s credit office by certified mail. Any revocation does not revoke the obligation of the guarantors to provide payment for indebtedness incurred prior to the revocation. I authorize the seller and their assignees to obtain a consumer credit report and to contact my references as necessary. As guarantor, I am also bound by the above arbitration clause.

Authority to Sign: Each person executing this Agreement hereby warrants and represents that he or she has the power and authority to execute this Agreement on behalf of such Party and on behalf of any other person and/or entity that such signing Party purports to bind.

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