Terms of each individual sale are set forth on each invoice and Applicant hereby agrees to the terms on each invoice. In the event of any conflict between the terms set forth on an invoice and contained herein, the terms herein shall prevail. Until applicant has made settlement with Seller of the full amount due to Seller with respect to any materials supplied by seller for which Applicant receives payment from a third-party, Applicant shall segregate the proceeds for those materials and hold the same in trust for Seller. Seller shall have an equitable lien on funds paid to applicant until payment is made to seller.

Applicant authorizes the use of LoadScan volumetric scanners to measure quantity, rounded to the nearest 1/10 cubic yard. More information about the scanner is available at www.LoadScan.com

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Applicant authorizes and consents to seller obtaining any and all credit reports and information it deems necessary from any and all sources. Applicant further authorizes seller to reinvestigate Applicants credit as Seller deems necessary in its sole discretion. Seller reserves the right to limit or terminate any extension of credit to Applicant in Seller’s sole and absolute discretion. Applicant authorizes Seller to act as a credit reference for Applicant by responding to inquiries from other creditors, trade associations or potential creditors of the Applicant regarding transactions or experiences with Applicant.

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Each of the undersigned does hereby certify that he/she is authorized to sign this credit application agreement on the behalf of the Applicant; that the information contained herein is true, accurate, and complete in all aspects; and that all purchases made by Applicant can and will be made in the ordinary course of business of Applicant for business purposes and that no credit sought or will be obtained for personal purposes. Applicant will advise seller in writing at the address referenced on its invoices with any changes in respect to any of the information included in this application or any other information that could reasonably affect the Applicants ability to pay.

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Applicant agrees to be liable for and immediately pay to Seller any and all court costs, reasonable attorney’s fees, lien costs and all other costs, expenses incurred by Seller in enforcing the terms of this Credit Application Agreement, or collecting or attempting to collect money from Applicant, or enforcing or defending or prosecuting any claim against bonding companies, disbursing officers, guarantors, claims based on mechanics liens, stop notices or payment bonds up to the maximum amount allowable under state law, should any or all of this account be placed for collection. Seller retains right to amend or change this agreement upon written notice to Applicant at its sole discretion.

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Applicant hereby agrees to payment within 20 days of invoice. Applicant agrees to pay Seller a monthly finance charge of 1.5% per month (18% per annum) that will accrue on a daily basis on any unpaid balances past due date.

Provided, Applicant is not in default of any payments, a discount for prompt payment is available at the rate of 1% per invoice period if received within ten days of invoice date.

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The party executing this agreement on behalf of Applicant (Guarantor), by execution hereof, personally guarantees the performance of Applicant of all of the terms and conditions hereunder and personally guarantees payment of all obligations owed by Applicant to Seller and shall be jointly and severally liable to Seller. Guarantor waives notice of default and waives notice of any purchases by Applicant. Guarantor may terminate this guarantee upon 180 day written notice to Seller and shall remain liable for all purchases by Applicant prior to the effective date of the termination of the guarantee (180 days after receipt of written notice by Applicant). Termination of any guarantee shall constitute a breach of the terms of this Credit Application.

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Seller reserves the right to deny any sales to Applicant should Seller, in Seller’s sole discretion, determine that Applicant or Guarantor does not meet its criteria for the extension of credit.

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Electronic, copies or facsimilia copies of signatures shall be as effective as originals.

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Any action brought to enforce the provisions of this Agreement shall be brought in Hillsborough County, Florida. Applicant and Guarantor by execution hereof waive any right to a trial by jury and agree that all actions filled shall be decided by a bench trial.

Razorback Mining Company's Borrow Pit Tampa & Fill Dirt Tampa serves Hillsborough County, Pinellas County, Manatee County, Polk County, Parrish, Palmetto, Bradenton, Sarasota, Riverview, Apollo Beach, Ruskin, Brandon, Florida and surrounding areas. Read more - About Us.