Terms & Conditions

I HEREBY AUTHORIZE SELLER TO CONTACT THE ABOVE LISTED BANK, TRADE REFERENCES AND CONSUMER REPORTING AGENCIES AND FOR THEM TO RELEASE CREDIT INFORMATION TO SELLER AS PART OF ITS REGULAR CREDIT INVESTIGATION OF THE CREDIT OF APPLICANT AND GUARANTOR.

TERMS & CONDITIONS: The applicant named above ("Buyer") and any Guarantor(s) herein accept these terms and conditions as stated as follows:

A) ARBITRATION: Any dispute or claim arising out of or relating to this agreement, any product delivered to the Buyer or any invoice relating thereto or any breach thereof, shall be fully and finally settled by binding arbitration conducted in Orange County, California before one arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any substantive or procedural question as to the arbitrability of a dispute arising from this agreement shall be governed by the Federal Arbitration Act 9 U.S.C. §1, et seq., except that in any such proceeding, the parties will have the same discovery rights, remedies, procedures, duties, liabilities and obligations of discovery afforded to litigants under California law and the arbitrator the same power to enforce such rights by the imposition of the same terms, conditions, consequences, liabilities, sanctions, and penalties as can be or may be imposed in like circumstances in a civil action in a California court. Judgement upon the award rendered by the arbitrator may be entered in any court having justification thereof. Legal fees including, without limitation, reasonable attorneys' fees and costs of suit, shall be awarded to the prevailing party in the arbitration.

B) BUYER'S/GUARANTOR'S LIABILITY FOR ATTORNEY'S FEES AND COLLECTION EXPENSES: The buyer and/or Guarantor(s) agrees to pay all reasonable costs and out-of-pocket expenses of Seller enforcing or collecting the purchase price or other obligations created hereby or hereinafter arising in favor of Seller (including without limitation, collection agency fees and expenses, if applicant defaults on any payment due to Seller and reasonable attorneys' fees and expenses of Seller's if Seller is the prevailing party in any legal action).

C) ACCEPTANCE: Acceptance of this application by the Seller shall not be construed to require the Seller to sell any products or brands to the Buyer. The Seller is under no obligation to accept any purchase order submitted by the Buyer. The Seller may accept any order (i) by providing notice of acknowledgment of such order to the Buyer or (ii) by shipping the products ordered. ALL PURCHASE ORDERS ARE SUBJECT TO THE "TERMS AND CONDITIONS OF SALE" IN EFFECT AT THE TIME OF ACCEPTANCE OF THE PURCHASE ORDER. A CURRENT COPY OF WHICH IS ATTACHED TO THIS APPLICATION. SELLER RETAINS THE RIGHT TO ALTER THE "TERMS AND CONDITIONS OF SALE" AT ANY TIME, UPON WRITTEN NOTICE TO BUYER. A CURRENT LIST OF TERMS AND CONDITIONS CAN BE FOUND ON OUR WEBSITE AT WWW.BESTCHEERSTONE.COM.

D) PERSONAL GUARANTY: In addition to the Seller's extending credit hereunder, the individual(s) or entity(s) executing this application on behalf of Buyer (the "Guarantor" ) jointly and severally, personally, irrevocably and unconditionally guarantee and promise to pay Seller, on demand, any and all indebtedness of the above named applicant to the Seller. This is a continuing guarantee, and the obligations created hereby are unaffected b y any change in the terms of the original indebtedness between the Seller and the Buyer save that of payment. The Guarantor hereby forever expressly waives, renounces, and agrees not to assert any claim for payment, or otherwise, against the applicant arising out of or by reason of this guaranty of the obligation of the applicant, including, without limitation, a claim for reimbursement, subrogation, indemnification, contribution, payment , or otherwise, against the applicant arising out of or by reason of this guaranty of the obligation of the applicant, including without limitation, the payment or securing or purchasing of any of the obligations of the applicant. The waiver, renunciation, and agreement contained in the preceding sentence is for the benefit of the Seller and also for the benefit of applicant, who may assert the benefits thereof as a third party beneficiary and is irrevocable.

E) ENTIRE AGREEMENT/NO ORAL AGREEMENTS/CALIFORNIA LAW: This Agreement constitutes the entire understanding of the parties with respect to its subject mater and merges all prior and contemporaneous communication, understandings, and agreements. Except as to questions concerning the arbitrability of a dispute arising from this agreement, this agreement shall be construed pursuant to the laws of the State of California, without regard to its principles of conflicts of law.

AGREED AND ACCEPTED BY BUYER/GUARANTOR:

I HAVE READ THE FOREGOING MASTER AGREEMENT AND THE ATTACHED "TERMS AND CONDITIONS OF SALE" AS PUBLISHED AT WWW.BESTCHEERSTONE.COM

Buyer agrees with seller Best Cheer Stone, Inc. to pay for all purchase due upon delivery of monthly statement. Charges billed, but not paid before or by the set term from the date of purchase will be considered delinquent and subject to finance charges.

The FINANCE CHARGE for individual is computed by a periodic rate of 10% APR, which is an ANNUAL PERCENTAGE RATE of 18% applied to the "Previous Unpaid Balance less current credits". Current credits are payments or credits received by 1:00pm on the 15th day of the following month. The minimum payment due will be payment of Buyer's indebtedness in full.

If not paid, Best Cheer Stone, Inc. may declare the unpaid balance due and payable immediately. Buyer agrees to pay collection expenses, including reasonable attorney's fees and court costs, if it is necessary to collect through legal action.

If materials are ordered to be delivered to a construction job site, the buyer assumes liability for the materials at the time of delivery whether or not buyer's representative is on site to acknowledge receipt of delivery. Buyer agrees to pay standard delivery charges as billed.

Buyer agrees that no refund will be granted unless merchandise is returned within 30 days with invoice to store where purchases were made and in original sales condition.

Buyer agrees to supply Best Cheer Stone, Inc., with "Notice of Commencements", purchase orders, job numbers, job address, and a current list of employees permitted to order, pickup, and sign for merchandise.

Best Cheer Stone, Inc., reserves the right to send out "Notice to Owners" and file liens on past due account and use any legal means available to force collection if necessary.

AGREED AND ACCEPTED BY BUYER/GUARANTOR:

I HAVE READ THE FOREGOING MASTER AGREEMENT AND THE ATTACHED "TERMS AND CONDITIONS OF SALE" AS PUBLISHED AT WWW.BESTCHEERSTONE.COM