Credit Terms Application

CREDIT TERMS APPLICATION

Application for commercial term pricing.

CUSTOMER INFORMATION(Required)

Trade Name Address City State ZIP Code

FEIN Number:

Phone:

Fax:

Email:

Business Type:(Required)

If Incorporated, What State?

Amount of Credit Requested:

Purchase Order Required:(Required)

Parent Firm: (If Subsidiary)

Name Address City State ZIP Code

Your Product Line:(Required)

List Principals, All Partners or Corporate Officers

List:

Name:

Title:

Address:

Reccomended Contact for Financial Information:

Name:(Required)

First Last

Title:(Required)

Email:(Required)

Phone:(Required)

Tax Exempt? Provide resale cert if applicable(Required)

Credit References

Reference 1

Company Name Address City City, State, Zip

Sold Since:(Required)

Current Balance:(Required)

Reference 2(Required)

Company Name Address City City, State, Zip

Sold Since:(Required)

Current Balance:(Required)

Reference 3(Required)

Company Name Address City City, State, Zip

Sold Since:(Required)

Current Balance:(Required)

Reference 4(Required)

Company Name Address City City, State, Zip

Sold Since:(Required)

Current Balance:(Required)

I AUTHORIZE YOU OR YOUR AFFILIATES TO INVESTIGATE THE CREDIT REFERENCES LISTED ABOVE:

Company Name:(Required)

Date:(Required)

Name & Title:(Required)

Corporate Officer or Principal.

Company Name:

Date:

Name & Title:

Corporate Officer or Principal.

General Conditions of Sale:(Required)

I agree to GC of Sales: The undersigned certifies that the above information is true and correct, and Transcor may rely upon such information and representations in its decision to extend credit for purchases. The undersigned further agrees and covenants that any changes should immediately be brought to the attention of Transcor in writing. The undersigned agrees that this application is submitted for the purpose of obtaining credit and agrees to and binds its companies and/or corporations to all the following terms and conditions of sale on all sales from Kimmins Contracting Corp. d/b/a Transcor Recycling LLC (“Transcor”). 2. PAYMENT TERMS: Net 30 days from invoice date. A Time Price Differential (“TPD”) of 1.5% per month will be charged on accounts more than (30) days past due. The TPD is an annual rate of 18%. Notice to Owner (“NTO”) information is required and issued on a per job basis. NTO information is required before any materials are loaded or work is performed. 3. Should either party employ an attorney to enforce any provisions of the Agreement, protect its interest in any matter arising under this Agreement, recover damages for breach of this Agreement, or to enforce any indemnity provided for in this Agreement, then the party prevailing shall be entitled to recover from the other party all reasonable costs and expenses, including attorneys fees, expended or incurred in connection with such matter. As used throughout this Agreement, the term "attorney fees" shall be deemed to include all fees and costs, including the fees of the attorney and witness fees (expert and otherwise). Deposition costs, copying, and telephone charges and other expenses incurred before, at, or after trial or appeal (whether or not actually used in the trial or appeal), or in connection with any administrative proceedings, bankruptcy proceedings, or appeal from such proceeding, whether or not such costs would be taxable in such proceedings. 4. The undersigned hereby waive(s) any and all privileges and rights which they may have under Chapter 47, Florida Statutes, relating to venue, as it now exists or may hereafter be amended and further, the undersigned agrees that any legal action brought for collection of past due accounts, may be brought in the appropriate court in Hillsborough County, Florida. 5. A failure to make timely payment or a failure of any term of this application shall be deemed a breach of contract by the undersigned. Such a breach shall constitute and be deemed a breach of any other contract by and between the undersigned and Transcor. The undersigned agree(s) that upon breach of this or any other agreement with Transcor, Transcor may deduct from this agreement or any other agreement the amounts due and owing Transcor by the undersigned for the breach by the undersigned. 6. The undersigned is responsible for overweight trucks for non-Transcor deliveries. 7. PRICE AND TIME OF PAYMENT: The price of the goods shall be determined as of the date of quote and shall be paid in corporate check, cashier’s check or certified check and/or cash. The undersigned shall be responsible for payment of the goods as of the day of the order. Should the undersigned fail to pick up goods on the delivery date, said failure will not relieve the undersigned of its obligation to pay for goods. Any discrepancies in billing must be submitted in writing within ten (10) days of receipt of invoices. Failure to do so signifies acceptance of billing. 8. INSPECTION: The undersigned has a duty to inspect at the time and place of delivery and, if not rejected, the materials shall be deemed accepted by the undersigned. 9. REMEDIES: The undersigned(s) exclusive remedy and Transcor’s limit of liability for any and all losses or damages resulting from defective goods shall be limited to the purchase price of the particular goods purchased with respect to the losses or damages claimed. 10. The undersigned may not assign its rights or delegate its performance hereunder without the prior written consent of Transcor, and any attempt at assignment or delegation without such consent shall be void. 11. This contract is to be constructed according to, and under the Uniform Commercial Code and adopted by, the State of Florida. This document constitutes the full understanding of the parties and no term, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless both parties sign writing thereto. 12. Any purchase order, invoices or request for materials by the undersigned shall be governed by the terms of this agreement. 13. The undersigned shall submit with each payment a designation of payment in a form acceptable to Transcor Recycling LLC, on which account the payment is to be applied. 14. Both parties hereby waive a right to trial by jury with regard to any issues, which may arise out of this document. 15. INDEMNIFICATION: The Applicant, at its own cost and expense, shall assume liability, indemnify, defend and hold harmless Transcor and its officers, employees, successors and assigns from and against any liability and all loss, costs, damages, expenses, including court costs, reasonable attorney's fees, reasonable appellate attorney's fees, paralegal fees and disbursements paid for or incurred by Transcor whether or not suit shall be commenced, on account of claims for whatever reason, including but not limited to personal injury, including death, sustained by a person or persons whomsoever, including employees of applicant, and for injury to or damage or destruction of property or person or organization, including loss of use thereof, arising out of or resulting before, after or in connection with the purchase or sale of any item by applicant from Transcor. This indemnity explicitly excludes indemnification by applicant for any negligence of Transcor Recycling LLC. I/We authorize Transcor Recycling LLC to seek credit information on my/our firm and myself from the above banks and firms.

Company Name:

Name & Title:

Corporate Officer or Principal.

Typed Name as signature:

Date

Types of Crushed Aggregate:

Crushed Asphalt
- Temporary Roads
- Temporary Driveways
- Embankment Fill
Asphalt Millings
- Driveways
- Parking Lots
- Recycled into Hot Mix
Recycled Concrete
Types of Concrete
- #57 Crushed
- Fines
- Roadbase
DOT Certified Road Base
- DOT B-12 Compliant
- Concrete Sub Base
- Asphalt Sub Base
- Unpaved Parking Lots
Concrete Rip Rap
- Shore Line
- Ditch Line
- Erosion Control
- Landscaping