Fill - Free fillable COMMERCIAL ACCOUNT APPLICATION PDF form

CREDIT APPLICATION WILL NOT BE PROCESSED UNLESS SALE TERMS

AND PERSONAL GUARANTY ARE SIGNED BY THE PRINCIPALS

FOR OFFICE USE ONLY

RECEIVED DATE:

APPROVED: YES NO DATE:

ACCT#: LOCATION:

STARTING CREDIT LIMIT:

SALES PERSON:

COMMERCIAL ACCOUNT APPLICATION

Mail completed original application to: TW Perry

Attn: CREDIT DEPARTMENT

8101 Snouffer School Road

Gaithersburg, MD 20879

NAME OF ACCOUNT: ______________________________________________________________________________________________

STREET: ______________________________________ CITY: ________________________ STATE: _______ ZIP: ___________________

BUSINESS PHONE: EMAIL:

SPOUSE’S NAME (If Individual or Sole Proprietorship):

BUSINESS TYPE: REMODELER _____ HOME BUILDER _____ DECK BUILDER ____ OTHER

LEGAL ENTITY: SOLE PROPRIETORSHIP ____ PARTNERSHIP ____ CORPORATION ____ GOVERNMENT AGENCY

LENGTH OF TIME IN BUSINESS: _____________________ INCORPORATED IN THE STATE OF: __________

FEDERAL IDENTIFICATION NUMBER: ______________________ STATE LICENSE OR MHIC NUMBER: ____________________

TAX STATUS: TAXABLE _____ STATE: _______ TAX EXEMPT ______ (Attach copy of certificate)

REQUESTED CREDIT LIMIT: SALES PERSON (IF ANY): DATE: ____________________

Actual credit limits will be determined by TW Perry initially and in the future at its sole discretion.

PRINCIPALS OF CORPORATION/PARTNERSHIP

NAME: ________________________________________________________________________ SS#:

ADDRESS: _____________________________________________________________________ PHONE#: _______________________

NAME: ________________________________________________________________________ SS#:

ADDRESS: _____________________________________________________________________ PHONE#: _______________________

AUTHORIZED PURCHASERS

NAME: ________________________________________________________________________ TITLE: _______________________

IS A P.O. OR P.O. NUMBER REQUIRED WHEN PLACING AN ORDER: ________________________

BANK REFERENCE

BANK: ________________________________________________________________________ ACCOUNT#: _______________________

CONTACT PERSON: ____________________________________________________________ PHONE#: __________________________

TRADE REFERENCES

NAME: ________________________________________________________________________ ACCOUNT#: ________________________

ADDRESS: _____________________________________________________________________ PHONE#: ___________________________

NAME: ________________________________________________________________________ ACCOUNT#: ________________________

ADDRESS: _____________________________________________________________________ PHONE#: ___________________________

NAME: ________________________________________________________________________ ACCOUNT#: ________________________

ADDRESS: _____________________________________________________________________ PHONE#: ___________________________

COMMERCIAL ACCOUNT APPLICATION - Continued

Have any of the above parties and/or principals filed bankruptcy:

NO: YES:

If yes, provide Name of entity and when bankruptcy filed:

Chapter 7 Chapter 11 Chapter 13

What State was Bankruptcy filed?

Do you have any outstanding judgements and/or liens against you? YES: NO:

Do any of the above individuals or principals have any commercial/trade accounts that are past due:

YES: NO:

If YES, please provide an explanation.

How did you hear about TW Perry?

Contractor referral/word of mouth/prior job

Radio

TW Perry store event

TW Perry educational event

Yelp/Google Review/Internet search

Television advertisement

TW Perry sales person

TW Perry truck/jobsite

Print advertisement

Vendor/Manufacturer representative referral

Association (please circle: NARI, AIA, MBIA, NVBIA)

Other (please describe below)

THANK YOU for your feedback!

Revised: 09/20

TERMS AND CONDITIONS OF SALE

1. These Terms and Conditions of Sale shall control all sales of materials and services, including all sales of materials involving direct shipment. This Credit

Application, defined herein as "Agreement" will be considered approved when TW Perry or it's credit department gives notice of approval to Applicant by letter or

monthly statement. TW Perry and any of its affiliates are collectively defined herein as "Seller". The extension of credit hereunder, the amount of credit and the

cancellation or reduction of credit shall be within the sole discretion of Seller.

2. SPECIAL ORDERS: All orders placed for special order materials (i.e. those materials not kept in stock) are final and require a 50% deposit at time of order,

with the balance due upon arrival at TW Perry. Once a special order is placed, Purchaser agrees to accept said materials and make full payment. Returns shall not be

permitted on special order materials.

3. DELAY: On all orders of materials, where the delivery date is delayed, Purchaser agrees to hold TW Perry harmless for any such delay and agrees to make

payment in full for the materials.

4. INSPECTION: All materials delivered must be examined and inspected by the purchaser and/or his agent or representative upon receipt, and, any claim of

shortage and/or damage must be made at time of delivery. Notwithstanding the foregoing, if purchaser and/or his agent or representative cannot examine and inspect

material upon receipt, all claims must be made within one (1) business day of delivery. Claims made after the prescribed time period are waived.

5. DISPUTE: Applicant agrees that all statements, invoices/charges/deliveries shall be considered correct unless any discrepancies are brought to Seller's

attention by email to credit@twperry.com not later than the 15th day of the month following the first billing to Applicant.

6. RETURN POLICY: In TW Perry’s sole discretion, stock materials may be returned, if in good condition, and returns are subject to a 25% handling fee.

7. CONSEQUENTIAL/INCIDENTAL DAMAGES: Purchaser agrees that its sole remedy for any claim arising out of the sale and/or use of materials

purchased shall be the return of such materials for a refund of the price paid. Purchaser agrees that TW Perry shall not be liable for, and that no suit will be brought

against TW Perry for, or shall include a demand against TW Perry for, consequential or incidental damages. Purchaser agrees that TW Perry shall not be liable for any

manufacturer’s defect or shipping damage. Purchaser further agrees to hold TW Perry harmless for any manufacturer’s defect or shipping damage or any injury to person

or property due to said defects or damage.

8. WARRANTIES: TW Perry makes NO WARRANTIES express or implied including without limitation, WARRANTIES AS TO

MERCHANTABILITY, OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall be not liable for any loss or damage directly or

indirectly arising from the use of such materials. All materials are sold “AS IS” and “WITH ALL FAULTS”. Any contradictory statement made by an employee of

TW Perry shall have no effect or bearing, and the terms contained herein shall control.

9. TITLE: Title for all goods and/or materials remains with TW Perry until paid for in full by the purchaser. Nothing in this section, however, should be

deemed to prejudice TW Perry’s rights to pursue mechanic’s liens or other claims. If purchaser takes action under Title 11 of the United States Code, or any state

insolvency law, Purchaser agrees to promptly return any materials not paid in full. Purchaser agrees to keep the materials fully insured until paid for in full. TW Perry

reserves the right to pursue all remedies available under applicable law, notwithstanding any incorporation of the materials into a structure.

10. RISK OF LOSS: The risk of loss of any materials shall pass to the Purchaser, as follows: if Purchaser takes possession of the materials at TW Perry’s

location, risk of loss passes at the time Purchaser takes possession; if the materials are delivered to Purchaser by common carrier, risk of loss passes at the time the

materials are delivered to or picked-up by the carrier; if TW Perry delivers the materials, risk of loss passes at the time the materials are delivered to Purchaser at its place

of business or any other place designated by the Purchaser for delivery, regardless whether the Purchaser or its employee or agent is present to receive the materials, or signs

for the materials.

11. PAYMENT TERMS: The regular billing date is the 1

day of each month with the entire outstanding balance due and payable by the 25th of the following

month. Applicant is eligible for 1% “prompt pay” discount if payment is received by 10

day of the month. If PAYMENT IS NOT RECEIVED BY THE 26

DAY OF

THE MONTH, THE ACCOUNT IS PAST DUE. Seller accepts all methods of payment including cash; credit card; debit card; certified funds; money order and check;

however, APPLICANT IS NOT ENTITLED TO TAKE THE PROMPT PAY DISCOUNT OFFERED BY SELLER IF PAYING WITH A CREDIT CARD.

Check below if Purchaser elects for option to pay with credit card and declines 1% prompt pay discount.

Applicant will pay with credit card and decline 1% discount:

12. FINANCE CHARGE: In the event Applicant's account is past due, Applicant shall pay a FINANCE CHARGE of 2.0% per month (ANNUAL

PERCENTAGE RATE: 24%) on the balance of Applicant's account during the billing period as described below. A minimum monthly FINANCE CHARGE of 50

CENTS will be charged any month in which the account balance is less than $33.00. Finance charges will be imposed on purchases made on this account by applying the

periodic rate shown above to the previous balance on the statement reduced by all payments and/or credits received during the month. Payments, credits or charges,

received after the last day of the month, which is the closing date of your statement, will appear on Applicant's next statement.

13. CONTROLLING LAW: This Agreement and Guaranty shall be governed by and construed in accordance with the laws of the State of Maryland, or, in TW

Perry’s discretion in any location where the materials were delivered or used. If any Applicant and/or Guarantor provides an e-mail; electronic and/or facsimile signature

with respect to the Agreement and/or Guaranty, said e-mail; facsimile and/or electronic signature shall be as effective as an original signature.

14. CREDIT INQUIRIES: TW Perry is authorized to make whatever credit inquiries, and to obtain consumer credit reports, it deems necessary at any time

regarding Purchaser or any guarantor herein, or any other affiliated entity.

15. AMENDMENTS: Applicant agrees that the Seller may change the finance charge rate and other terms of the Agreement so long as Applicant is given written

notice. Applicant agrees that the Seller may change the credit limit or suspend further charge privileges without notice. This Agreement contains the full, final and

exclusive statement of the Agreement between Applicant and Seller and no terms and conditions other than those stated herein, and no other writing or understanding in

any way supporting to modify these terms and conditions shall be binding without Seller's written consent. Waiver by Seller of any terms or conditions of this Agreement

or waiver of any breach thereof, shall not be construed as a waiver of any other terms, conditions, or breach.

16. CANCELLATION: Applicant has the right to cancel this Agreement as it relates to future purchases. Cancellation must be in writing by an authorized

person for Applicant.

17. AUTHORIZED SIGNATORY: In the event purchaser is a corporation, partnership, or any other legal entity, the individual or individuals whose signature

appears hereon is an authorized signatory of that entity and is authorized to guarantee payment by that entity for all materials sold to that entity.

Purchaser acknowledges that he/she has read and agrees to all of the above Terms and Conditions of Sale, that the person signing these Terms is authorized by the

Purchaser to do so, and that if there is any discrepancy between these Terms and the terms of sale found on any other document, these Terms shall control.

NAME (Please Print): _____________________________ SIGNATURE :____________________________TITLE: ___________________________________

*TW PERRY DOES NOT ACCEPT ELECTRONIC OR STAMP SIGNATURES

PERSONAL GUARANTY

GUARANTY given by the undersigned to TWP ENTERPRISES, INC. trading as TW PERRY, in order to induce it to extend credit to, or otherwise become

the creditor of _______________________________________ . (Print Your Company Name, hereinafter referred to as “Purchaser”)

I/we hereby unconditionally PERSONALLY GUARANTEE to TW Perry the prompt payment, when due, of every claim of TW Perry that may hereafter arise

against the Purchase. I/we do also unconditionally PERSONALLY GUARANTEE payment of thirty three (33) percent attorney’s fees in the event that the Purchaser’s

account or any matter related to the account or this Guaranty is referred to counsel, plus court costs, and interest at the rate of two (2) percent per month.

This is a continuing Guaranty and shall remain in full force until revoked by Guarantor by notice in writing to TW Perry, sent certified mail, return receipt

requested.. Such revocation shall be effective only as to claims of TW Perry that arise out of transactions entered into after TW Perry’s receipt of said notice. This

Guaranty is, and shall remain binding upon the heirs, estate representatives, successors, and assigns of Guarantor. This Guaranty is independent of any other guaranty or

rights that TW Perry may have with respect to the Purchaser. This Guaranty shall survive, and shall be enforceable, even in the event that the Purchaser incorporates, becomes

a limited liability company or other legal entity, changes its name, merges with another entity, or otherwise changes the form of its business.

The Guarantors hereby waive their homestead exemptions as well as all requirements or rights with regard to notice, demand, presentation, or protest in the event of

non-payment or other default by the Purchaser. The Guarantors agree that the proper jurisdiction and venue for any disputes betwe en the parties shall be in the State

of Maryland, or, in TW Perry’s discretion, in any location where TW Perry's materials were delivered or used.

NAME (Please Print): ______________________________________ SIGNATURE : _____________________________ DATE: ___________________________

NAME (Please Print): ______________________________________ SIGNATURE : _____________________________ DATE: ____________________________

AUTHORIZATION FOR PERSONAL CREDIT REPORT

The Guarantor(s) who is principal proprietor or partner of the entity applying for business credit, and therefore desirous of a busines s relation with TW

Perry, recognizing that his or her individual credit history may be a factor in the evaluation of the credit his tory of the applicant, hereby consents to the

use of the consumer credit report of the undersigned by TW Perry as may be necessary in the credit evaluation process and for periodic review for the

purpose of maintaining the credit relationship. .

NAME (Please Print): ______________________________________ SIGNATURE : _____________________________ DATE: ___________________________

NAME (Please Print): ______________________________________ SIGNATURE : _____________________________ DATE: ____________________________

The Federal Equal Credit Opportunity Act (ECOA) prohibits creditors from discriminating against credit applicant s on the basis of race, color,

religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract ); because all or part of the

applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer

Credit Protection Act. The federal agency that administers compliance with law concerning this creditor is the Federal Trade Commission, Division of

Credit Practices, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

*TW PERRY DOES NOT ACCEPT ELECTRONIC OR STAMP SIGNATURES

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