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CREDIT APPLICATION AGREEMENT AND AUTHORIZATION FOR CREDIT CHECK

JDM Materials Company, Inc./ EUREKA STONE QUARRY, Inc./ James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co

Applicant authorizes JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. and/or its credit investigation agency to contact and receive information from the provided references regarding Applicant’s business background, reputation, personal character and worthiness. Applicant represents and warrants to JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co. and Contractors Hauling Service, Inc. that all statements made in this Application are true and correct. Applicant hereby agrees to indemnify and hold harmless JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc., its agents and employees for any liability, damages, claims, court costs and attorney’s fees resulting from any credit investigation.

The undersigned individual who is either a principal of the credit applicant or a sole proprietorship of the credit applicant, recognizing that his or her individual credit history may be a factor in the evaluation of the credit history of the applicant, hereby consents to and authorizes the uses of a consumer credit report on the undersigned by the above named business credit grantor, from time to time as may be needed, in the credit evaluation process.

IF THIS CREDIT APPLICATION IS APPROVED, THE UNDERSIGNED APPLICANT AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

1.Payment of Charges Applicant agrees that each invoice shall be paid by the last day of the month, following the month, in which the good and/or services identified on such invoice were purchased (“Net 30 EOM”). Applicant agrees to pay all charges when due, and in the event said charges are not so paid, Applicant agrees to pay JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. a service charge of 1.5% per month, compounded monthly, on the unpaid balance. Applicant agrees to pay the posted return check charge fee for each check returned. Applicant hereby accepts and assumes full and exclusive liability for the payment of any tax and/or assessment imposed by any present or future law of any governmental authority. Applicant accepts responsibility for all goods on credit in the past are no longer authorized to do so. Absent receipt of such notice, Applicant shall be liable for the costs of goods sold or services rendered to such persons.

2.Increase / Decrease in Credit Limit/Termination of Credit JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. may, in its sole discretion and at any time, increase or decrease Applicant’s credit limit. “JDM” may, in its sole discretion and at any time, refuse to permit charges to be incurred to Applicant’s account.

3.Delivery of Product Delivery of product to Applicant may be made without obtaining signatures upon delivery.

4.Events of Default The occurrence of any of the following shall constitute an event of default an “Event of Default” under this Agreement: (a) failure of Applicant to make any required payment on the date(s) when due; (b) failure of applicant to perform any of Applicant’s other obligation hereunder; (c) if Applicant is an individual, death of Applicant; (d) institution of any proceedings in bankruptcy of receivership, or insolvency, by or against Applicant or its/his/her property; (e) entry of judgment against Applicant in any court or the issuance of any execution process against any process of the Applicant; or (f) any statement made herein is determined by JDM Materials Company, Inc. / Eureka Stone Quarry, I Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. to be misleading or incorrect.

5.Remedies Upon the occurrence of an Event of Default, JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. may, without further notice to Applicant, declare immediately due and payable all charges made to Applicant’s account, whether or not all such charges are then due, and “JDM” may thereafter initiate legal proceedings against Applicant or exercise any other legal or equitable rights available to “JDM” to collect such indebtedness. Applicant agrees that if Applicant’s account is referred for collection to any attorney or agency, or if Applicant becomes a debtor in any bankruptcy or insolvency proceeding, Applicant will pay all costs of collections or enforcement, including, but not limited to, agency fees, court costs and attorney’s commission equal to the greater of 15% of Applicant’s total indebtedness (including service charges) to JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. or actual attorney’s fees but in no event shall the attorney fees be less than $500.00. Service charges shall continue to accrue at the rate of 1.5% per month following the entry of judgment. No failure to exercise, no delay in exercise, nor any course of dealing in respect of, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall ay single, partial or multiple exercise of any right, power or remedy hereunder preclude any other or further exercises thereof or exercise of any other right. The remedies provided herein are cumulative and concurrently, may be pursued separately, successively or together, and may be exercised as often as occasion therefore shall arise.

6.Consent to Jurisdiction/Waiver of Jury Trial This Agreement is made at Bucks County, Pennsylvania, and shall be governed and constructed in accordance with the laws, but not by the law of conflict of laws, of the Commonwealth of Pennsylvania. Applicant agrees that any and all actions arising out of or in connection with the sale of goods or services or extension of credit by JDM Materials Company, Inc. / Eureka Stone Quarry, Inc. / James D. Morrissey, Inc. d/b/a Ward Sand & Materials Co., Contractors Hauling Service, Inc. shall be brought in the Court of Common Pleas of Bucks County, Pennsylvania, or in the United States District court for the Eastern District of Pennsylvania. Applicant expressly waives any and all rights to a jury trial.

The undersigned certifies that all information on this Application is true and correct. The undersigned has read, understands and herby agrees to, and intends to be legally bound by, the above terms and conditions. The undersigned also represents that he/she has full authority to enter into this Agreement on behalf of the Applicant referenced above.

Applicant Information

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Tax Status



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Credit References

* Four Required. Do not Use Subcontractors. Two MUST be Ready Mixed Companies

















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