Credit Application

Credit Application

Requested By (Your Information)

Company Ownership

Business References (3 Required) - Vendors who Provide Materials / Supplies to your Company

Bank Reference

Terms of Service Agreement

I understand that the information being submitted is for the purpose of obtaining credit for my firm, and I am authorized to bind my company accordingly. I authorize you to contact these references to obtain credit information. I agree to your terms of net 30, no returns on special orders or used equipment. There is a 20% restocking fee on all returns and any amount due over 30 days, is subject to 1.5% interest per month or the maximum interest permissible by applicable law, whichever is lower. The undersigned, both individually and on behalf of the business/corporation, agrees to reimburse TARHEEL CONTRACTORS SUPPLY, INC. for any and all costs incurred by it in the collection of any amounts owed pursuant to this Credit Application and/or any failure to pay TARHEEL CONTRACTORS SUPPLY, INC. in full for any products or services provided. Costs include, but are not limited to, all reasonable attorney’s fees and court costs. Attorney’s fees may be recovered for work done prior to actually filing a lawsuit. The undersigned, both individually and on behalf of the business/corporation, agrees that this Credit Application and any issues related to the services or products provided shall be governed by the laws of the State of South Carolina without regard to any conflict of law principles. The undersigned, both individually and on behalf of the business/corporation, agrees that the State and Federal Courts located in South Carolina shall be an appropriate venue to litigate any dispute between the parties. By signing below, I and the company hereby consent to the personal jurisdiction of the State and Federal Courts located in South Carolina and waive any claim that such courts do not have personal jurisdiction over the undersigned or the business/corporation.

In consideration of credit being extended by TARHEEL CONTRACTORS SUPPLY, INC., to the submitted named applicant entity, the undersigned contact hereby unconditionally and unqualifiedly agrees to be personally, individually, collectively, jointly and/or severally liable for any liability of the business/corporation, no matter the form or manner in which I/we may sign below, including reasonable attorney’s fees and court costs incurred whether prior to suit, with or without trial, and/or at any original, appellate and/or review forum or panel. The undersigned hereby expressly waves all notice of acceptance of this guarantee, extension of credit to the applicant, presentment, demand for payment, protest, dishonor, default, and any other notices to which the undersigned might be effective as to credit extended after receipt of the written revocation by TARHEEL CONTRACTORS SUPPLY, INC.

By checking the box and signing below, I acknowledge that I have read and agree to the Terms of Service Agreement listed above and have read and consent to the ESIGN Consent to Use Electronic Records and Signatures.

ESIGN Consent to use Electronic Records and Signatures As part of your relationship with us, we want to ensure you have all the information you need to effectively manage your Credit Application. Our goal is to provide you with as many potions as possible for receiving documents related to your Credit Application. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our Electronic Services you must review and consent to the terms outlined below. In this consent: "We," "us," "our" and "Tarheel" means Tarheel Contractors Supply, Inc., and each and every current and future affiliate of Tarheel Contractors Supply, Inc. “You” and “your” means the person giving this consent, both in an individual capacity and on behalf of the company or entity for which the person is signing, as well as any other person or individual authorized to act on behalf of the company with respect to the Credit Application with Tarheel. “Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request. “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future. The words “include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list. 1. Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you. Electronic Records may be delivered to you in a variety of ways. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available. We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically. Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to use on paper, unless we specifically tell you in another Communication how you may deliver that notice to use electronically. There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this consent will automatically cover those Communications as well. 2. Your option to receive paper copies. If we provide Electronic Records to you, and you want a paper copy, you may contact us via email, mail, or fax. You will find the appropriate contact information on our website or in the documents and/or Electronic Records you have already been provided. 3. Your consent covers all Tarheel products and/or services. Your consent covers all Communications relating to any product or service offered by Tarheel. Your consent remains in effect until you give use notice that you are withdrawing it. From time to time, you may seek to obtain a new product or service from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product, service, or credit application, your decision does not mean you have withdrawn this consent for any other product, service, or credit application. 4. You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal. You have the right to withdraw your consent at any time. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. To withdraw your consent, you must contact us by email, mail, or fax. 5. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by contacting us directly via email, mail, or fax. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may also change that address by contacting us directly via email, mail, or fax. 6. Hardware and software you will need. To receive Electronic Records, you must have access to a Current Version (defined below) of an Internet browser we support, a connection to the Internet, a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), Microsoft Word files, and Microsoft Excel files, and a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form. You must also have an active email address. In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. By “Current Version,” we mean a version of the software that is currently being supported by its publisher. 7. Changes to hardware or software requirements. If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent. 8. Communications in languages other than English. Please note, we may be unable to fulfill and service requests in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future Communications in English. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other persons authorized to act on behalf of the company or entity for which you are providing this consent with respect to the Credit Application with Tarheel.