Application for Credit

1. This application is submitted by the undersigned ("Applicant") to obtain a credit account with Industrial Fabrics, Inc. All representations are accurate, complete, and truthful to the best of the Applicant's knowledge.
2. The Applicant authorizes any credit reference listed to disclose to Industrial Fabrics, Inc., orally or in writing, any information pertinent to this application.
3. If the Applicant is a corporation, the undersigned affirms they are authorized to make this application on the corporation's behalf and to obligate it for any credit extended as a result.
4. Any Financial Statement submitted with this application, or as later requested, will be accurate, complete, and truthful.
5. Credit extended is due when billed. Amounts unpaid after thirty (30) days are subject to a finance charge of 1.5% per month (18% annual rate), to the extent permitted by law.
6. If an unpaid account is placed with an attorney for collection, Applicant agrees to pay an additional twenty-five percent (25%) of principal and interest as attorney's fees, plus court costs.
7. Industrial Fabrics, Inc. disclaims all warranties, express or implied, including merchantability and fitness for purpose. Materials and equipment are sold "as is, where as," except as expressly stated in a separate written limited warranty.
8. Venue: for goods sold in Texas, Houston, Harris County, Texas; for all other transactions, East Baton Rouge Parish, Louisiana.
9. The laws of Louisiana and Texas govern the construction of any transaction between Industrial Fabrics, Inc., Applicant, and Guarantor.
10. Applicant grants Industrial Fabrics, Inc. a purchase money security interest in all materials and equipment sold, and authorizes it to file a financing statement evidencing that interest.
11. Notice to Applicant: do not sign this agreement until you have read it. You are entitled to a copy of the signed agreement.

For value received, the undersigned personally, primarily, and individually guarantees payment of all amounts due and owing by Applicant to Industrial Fabrics, Inc., including principal, interest, attorney fees, and costs.

This guaranty remains valid and enforceable as to all indebtedness now existing or later incurred by Applicant until ten (10) days after Industrial Fabrics, Inc. receives written notice from the undersigned terminating it. To the extent not prohibited by law, the Guarantor waives all notices and defenses, including impairment of collateral.

The Guarantor agrees they may be sued without the need to join the Applicant.

1. Quotations: Price lists and quotations are valid for thirty (30) days and subject to change without notice thereafter. Special-order quotations are firm for acceptance within forty-five (45) days. Accepted Purchase Order pricing is firm for shipment within ninety (90) days, after which unshipped units are subject to invoicing and 5% per month storage charges.
2. Payment Terms: Purchases other than cash are subject to credit approval. Open account payments are due Net 30 from invoice date. No retainage is allowed. Amounts unpaid after the due date accrue interest at 18% APR, plus collection costs.
3. Deliveries: Delivery requests should be placed at least 24 working hours in advance. Deliveries are scheduled first-come, first-served.
4. Taxes: All applicable taxes at time of shipment are paid by Buyer. Buyer is responsible for providing a tax-exemption certificate with its Purchase Order if a project is tax exempt.
5. Transportation: Transportation costs not included in FOB destination pricing are paid by Buyer. Unloading time is limited to one hour; additional time is billed at $65.00/hour. Buyer or its representative must be present to sign the delivery ticket.
6. Returns: Returned products are subject to inspection; credit is issued only for standard stock items in resalable condition, less a 25% restocking charge, within ninety (90) days of purchase. No credit is allowed on custom or special-order products.
7. Estimates: Industrial Fabrics, Inc. assumes no responsibility for the accuracy of Buyer's requirement estimates; Buyer must supply exact order quantities.
8. Special and Custom Orders: Signed Purchase Orders with exact quantities are required and, once accepted, are not cancelable. Quoted prices are based on estimated quantities; orders for lesser total quantities are subject to price adjustment.
9. Quality and Claims: Products are guaranteed to conform only to specifications quoted or published at time of shipment. Buyer must inspect products on delivery and note visible damage on the carrier's Bill of Lading. Industrial Fabrics, Inc. must be notified of any dissatisfaction before installation begins; use of the product constitutes acceptance.
10. Force Majeure: Industrial Fabrics, Inc. is not liable for failure or delay in performance due to causes beyond its control (acts of God, war, strikes, shortages, and similar events), and shall not be liable for incidental or consequential damages under any circumstances.
11. Preliminary Notices: Buyer agrees to furnish all information Industrial Fabrics, Inc. needs to timely file a Preliminary Notice on any construction project for which it is furnishing labor and/or materials.