THE UNDERSIGNED CERTIFIES THAT EVERYTHING STATED IN THIS APPLICATION IS TRUE AND CORRECT TO THE BEST OF HER/HIS KNOWLEDGE. APPLICANT WARRANTS THAT THIS APPLICATION AND INFORMATION PROVIDED HEREIN IS PRESENTED SOLEY FOR BUSINESS CREDIT PURPOSES ONLY. KLB Steel, LLC IS AUTHORIZED TO CHECK OUR CREDIT HISTORY AS NECESSARY THROUGH OUR TRADE REFERENCES, BANK REFERENCES AND CREDIT REPORTING AGENCIES. IT IS UNDERSTOOD THAT KLB Steel, LLC WILL RETAIN THIS APPLICATION WHETHER OR NOT AN OPEN CREDIT LINE IS GRANTED. IN CONSIDERATION OF SUCH EXTENSION OF CREDIT IT IS UNDERSTOOD THAT ALL INVOICES SHALL BE DUE AND PAYABLE WITHIN THE TERMS PRINTED THEREON. IN THE EVENT SAID ACCOUNT BECOMES PAST DUE, THE UNDERSIGNED AGREES THAT LATE CHARGES AT THE RATE OF 1.5% PER MONTH (18% PER ANNUM) MAY BE ADDED FROM THE DUE DATE UNTIL PAID. KLB Steel, LLC RESERVES THE RIGHT TO OFFSET AMOUNT OWED WITH AMOUNTS TO BE PAID TO THE APPLICANT. KLB Steel, LLC MAY WITHDRAW FUNDS OWED ON DELIQUENT ACCOUNTS USING APPLICANT'S BANK. THE UNDERSIGNED BUYERCUSTOMER ACKNOWLEDGES THAT THEY HAVE READ AND AGREE TO KLB Steel, LLC’s TERMS AND CONDITIONS OF SALE UNDER THE TERMS OF THIS CREDIT APPLICATION. ALL PARTIES FURTHER AGREE THAT IN THE EVENT LEGAL ACTION BECOMES NECESSARY THE SAME WILL BE FILED AND TRIED IN HAMILTON COUNTY, OHIO, UNDER THE LAWS OF THE STATE OF OHIO. DEBTOR AGREES TO PAY ALL COSTS OF COLLECTION, INCLUDING ALL ATTORNEY FEES, EXPENSES, AND COURT COSTS INCURRED BY KLB Steel, LLC. CUSTOMER AND KLB Steel, LLC WAIVE THEIR RIGHTS TO TRIAL BY JURY. THE UNDERSIGNED FURTHER DECLARES TO KLB Steel, LLC THAT HE/SHE IS DULY AUTHORIZED TO SIGN THIS CREDIT APPLICATION FORM ON BEHALF OF THE PERSON AND/OR COMPANY HEREIN REPRESENTED.
1) No Modifications – The sale of goods and services hereunder is expressly conditioned under Customer’s acceptance of the terms and conditions contained or referred to herein. All terms and conditions set forth in any other document or communication are hereby rejected unless expressly agreed to in writing signed by KLB Steel, LLC.
2) Orders – Orders made by Customer which are not in writing are made at the risk of the Customer, and shipments made before KLB Steel, LLC’s receipt of a written confirmation of such order are permitted for Customer’s convenience. Customer shall be responsible for any costs of correcting non- written orders, or Customer errors in written orders.
3) Delivery – Unless agreed to in written agreement signed by KLB Steel, LLC, KLB Steel, LLC does not guarantee a certain date of delivery. In no event will KLB Steel, LLC be liable for failure to deliver or delays in delivery caused beyond the KLB Steel, LLC’s control including but not limited to, delays of carriers or suppliers, acts of god, machinery breakdowns or inability to obtain shipping space. Customers right to reject any order due to a delay in delivery is waived unless the delivery date was guaranteed in writing signed by KLB Steel, LLC and notice of Customer’s desire to reject any order is presented to KLB Steel, LLC in writing within five days after delivery.
4) Material Specifications – If material purchased hereunder is defective or is not in substantial conformity with the specifications, KLB Steel, LLC will either replace such material with conforming material at the point of initial delivery, or allow Customer a credit or refund for the purchase price, provided Customer has (1) notified KLB Steel, LLC of the defect or nonconformity within thirty days after the delivery of the material; (2) the material has not been incorporated by Customer into any other goods or project and (3) KLB Steel, LLC has been given a reasonable opportunity to inspect the material. Customer may not return material without KLB Steel, LLC’s written consent. After inspection, or waiver or inspection by KLB Steel, LLC, Customer will cooperate with KLB Steel, LLC, who will arrange for disposition of defective or nonconforming materials.
5) Variations in Size and Length – Goods and materials are subject to the following variations in size and length: if cut to special size, standard variations as shown in the current book of ASTM standards; if regular stock size, the standard mill variations shall govern. The customer agrees to accept any material which is in the aforementioned standards.
6) Warranty Disclaimer –Not withstanding any provision herein to the contrary, KLB Steel, LLC expressly excludes and disclaims all warranties, express or implied, including without limitation warranties of merchantability and fitness for use for a particular purpose. KLB Steel, LLC is not liable for loss of time, cost of labor expended, or for any damage resulting from rejection of finished parts by Customer’s customers. Customer understands that they must inspect and approve all materials received from KLB Steel, LLC and provide all notices of non-conforming materials as required under the terms herein or such non-conforming goods are deemed accepted by Customer for all purposes. In no event shall KLB Steel, LLC have any liability for damages in an amount exceeding the purchase price of the goods sold, nor shall KLB Steel, LLC have any liability for incidental or consequential damages, all of which Customer hereby waives. KLB Steel, LLC 04844691-1 5
7) Freight Charges – Freight is quoted as pre-paid and is based upon full truck load quantities. Quoted freight is based upon rates in effect at the time of quotation.
8) Claims against Common Carriers – If Customer discovers a shortage of goods delivered, or if material has been damaged in transit, Customer must make a written notation of shortage or damage upon the receipt Customer gives the carrier or his agent. Customers must request that similar notation be made upon the Bill of Lading. Damaged material must not be unloaded until it has been inspected and noted in writing on the receipt. If there is justification for a claim, Customer must file claim promptly with carrier. If the material was shipped F.O.B. destination, Customer must take the above steps, notify KLB Steel, LLC in writing immediately and KLB Steel, LLC will file a claim. Failure to comply with the provisions in this agreement shall be deemed to be Customers’ acceptance of goods in “as is” condition with no right to credit, refund or other remedy.
9) Financial Responsibility – Credit is provided to Customer at KLB Steel, LLC’s discretion. KLB Steel, LLC may, at his discretion, require any order placed by Customer to be aid on a C.O.D. basis. Any concern on the part of the KLB Steel, LLC regarding the Customer’s ability or willingness to pay for goods on credit shall entitle KLB Steel, LLC to stop operation, decline shipment, or stop any goods in transit without liability, until the goods have been paid for or the until KLB Steel, LLC is furnished with adequate assurance of payment, in KLB Steel, LLC’s sole opinion.
10) Taxes Surcharges and Other Charges – In addition to the price quoted for goods and materials sold, Customer shall pay any tax, surcharge or other charge imposed by any law, or otherwise, on the sale of goods and services covered by this order, including without limitation, sales tax, penalties, and interest and all other reasonable charges for ancillary services and costs such as forming, galvanizing and other services.
11) Payment Terms and Conditions – Payment must be made within thirty (30) days following the date on the KLB Steel, LLC’s invoice, or unless otherwise agreed to by KLB Steel, LLC in writing. If payment in full is not received by KLB in full by the due date, interest at the rate of 18% per annum, or the maximum amount allowable by law, if less, shall accrue and be payable on the unpaid balance from the due date until payment is made in full, at KLB Steel, LLC’s sole discretion. Customer shall be entitled to a discount of one half of one percent if full payment is received by the KLB Steel, LLC within ten (10) days of the date stated on the invoice.