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Credit Application

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Credit Application

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HAVE YOU OR ANY OF YOUR PARTNERS/OFFICERS/MEMBERS EVER FILED OR PARTICIPATED IN FILING BANKRUPTCY?*

BONDING INFORMATION

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CREDIT/TRADE REFERENCES

FOR AND IN CONSIDERATION of the extension of credit for the purchases of goods, materials, and services, the undersigned applicant(s) agree(s) to: • Furnish any additional financial information, including but not limited to current financial statements, personal or corporate, from time to time as requested by the credit grantor, and to inform credit grantor of any material changes in the condition of the applicant (firm). • To pay any amounts due within the stated terms: NET 30 DAYS for materials as purchased and applicant understands that credit can be suspended at option of credit grantor for payments not so paid. All amounts are due and payable at DistribAire, Inc., P. O. Box 630409, Houston, TX 77263-0409. • To pay service charges (delinquent charges) of 1 - 1/2% per month on any and all balances that are past due stated terms of payment. It is understood that it is not the credit grantors intent to charge a usurious interest rate, and if it is determined that the service charge may be considered usurious, any amount considered usurious will be applied to the unpaid principal debt. If no principal debt remains, the credit grantor will refund such amount. It is agreed that there will be no further liability on the part of the credit grantor. • The terms and conditions of this Application for Credit shall act as a Contract of Sale and supercede any terms and conditions between the parties hereto, now or in the future, unless specifically identified and agreed to by all parties as an amendment. All sales are deemed to be under this agreement and monies owed by DistribAire, Inc. may be used to recoup any monies due and owing by Applicant. Any separate contract or purchase order on separate projects is deemed as an addendum or supplement to the credit application. • The applicant agrees to indemnify, hold harmless and defend DistribAire, Inc. for any and all causes of action of any kind arising out of the actions or inaction of the applicant, its employees, agents, subcontractors, and assigns. It is the intent to the parties hereto that DistribAire, Inc. will not indemnify the applicant, its employees, agents, subcontractors or assigns from their own actions. • Venues for collection of any amounts due will be Houston, Harris County, Texas. All proprietors, general partners, members, and/or guarantors hereby, individually understand that you may and, hereby authorize you to check my (their) credit, both consumer and commercial, and authorize any party receiving a credit inquiry from you to release any information requested to you. Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origins, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because of all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with the law concerning this creditor is the Federal Trade Commission. If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact the Credit Department, P. O. Box 630409, Houston, TX 77263-0409 within 60 days from the date you are notified of our decision. We will send you a written statement of reasons for the denial within 30 days of receiving your request for the statement. I (we) understand that this extension of credit is only for the use of the applicant any any use by any other person or entity is a violation of this agreement. If at any time I (we) authorize any other person or entity to charge on my (our) account, I (we) will remain liable for any and all charges, known or unknown, and I (we) understand that my (our) credit privileges may be suspended or withdrawn without further notice. I (we) understand that the information furnished you on this application is for the purpose of obtaining credit from your firm. That I am (we are) authorized, in my (our) capacity; to bind my (our) firm accordingly. I (we) further represent that I (we) have the financial ability and willingness to pay all invoices within the established terms.

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In consideration of credit being extended to the above named firm, I (we) personally guarantee all indebtedness hereunder, I further agree that this guaranty is an absolute, complete and continuing one and no notice of the indebtedness or any extension of credit already or hereafter contracted by or extended need to be given the terms may be rearranged, extended and/or renewed without notice to me. I (we) also authorize you to investigate my (our) credit history, personal and business, and authorize any party receiving an inquiring from you to release any information requested to you. I will, within (5) days from the date of notice the account is past due, pay the amount due. Venue for collection of this account is Houston, Harris County, Texas. The undersigned hereby consent(s) DistribAire, Inc.'s use of a non-business consumer credit/report information on the undersigned in order to further evaluate the credit worthiness of the undersigned as principal(s), proprietor(s), and or guarantor(s) in connection with the extension of business credit as contemplated by this credit application. The undersigned hereby authorize(s) DistribAire, Inc. to utilize a consumer credit report/information on the undersigned from time to time in connection with the extension or continuation of the business credit report represented by this credit application. The undersigned as (an) individual(s) hereby knowingly consent(s) to such credit report/ information consistent with the Federal Fair Credit Reporting Act as contained in 15 U.S.C.@I681 et. Seq.