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Credit Application

BILL TO ADDRESS

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Principal(s) Information

Credit Applications Terms and Conditions

This Credit Application and Agreement ("this Agreement") is between Applicant and Branz Technologies Inc. ("Branz,") which, at its sole discretion, is extending credit to Applicant. Applicant acknowledges that Applicant is furnishing the information requested herein for the purpose of procuring credit from time to time with Branz. Applicant represents and warrants that said information is a true, correct, accurate, and complete statement of Applicant's financial condition. Applicant authorizes Branz to obtain credit and financial information concerning Applicant at any time and from any source. In addition, Applicant authorizes Branz to contact the credit references listed herein and hereby grants permission to those references to release information about Applicant's credit history. This Application and Agreement, along with the terms and conditions set forth on Branz's quotations, invoices, and delivery tickets (incorporated herein by this reference) constitute the entire agreement between the parties and supersede any terms and conditions (other than identity and quantity of material purchased) set forth on any purchase order, invoice, or other document submitted to Branz by Applicant. Applicant hereby agrees to be bound by such terms and conditions. No Agreement shall be formed between Applicant and Branz until Branz accepts Applicant's Application. Upon approval of this Application by Branz, Applicant may receive a credit limit which may or may not be more than the credit limit requested by Applicant. Should the credit limit be exceeded, Applicant acknowledges and accepts full liability for the full amount due and owing, including all amounts in excess of the credit limit. Branz shall have no liability arising out of any credit limit being exceeded. In consideration of Branz extending credit to Applicant, Applicant agrees to pay for all material delivered or services povided at Applicant's request on or before the due date of the invoice (30 days from invoice date) unless otherwise agreed upon in writing by the parties. All accounts are due and payable at the remittance address shown on the Branz invoices. Unless accompanied by specific remittance instructions, Applicant agrees that Branz is authorized to apply all unspecified payments at Branz's discretion. Applicant acknowledges and agrees that it will be charged one percent (1%) per month as a service charge plus up to the maximum interest allowed by law on any unpaid balance that has not been paid by the due date of any invoice. Applicant agrees to promptly pay all such service charges and interest. Waiver of any service charge and/or interest for any one month shall not be deemed a waiver of future charges. Applicant further agrees that with regard to such charges, Applicant and Branz are parties to a written contract. Applicant agrees to pay a reasonable fee, not to exceed the maximum allowed by state law, for any checks which are returned for non-sufficient funds or dishonored for any reason. Any dispute arising from this Application and Agreement shall be resolved by litigation or, at Branz's election, binding arbitration held in Wake County, North Carolina. In addition to paying all sums due hereunder, Applicant agrees to reimburse Branz for all costs of collection including, but not limited to, reasonable attorney's fees, collection agency fees, expenses, and costs, including costs and expenses associated with filing and prosecuting civil actions, foreclosure actions, and other actions due to Applicant's non-payment. Furthermore, Applicant agrees that all funds owed to or received by Applicant from any source, resulting from the material supplied by Branz, shall be held in trust for the benefit of Branz. Applicant agrees to promptly pay to Branz all such funds. Upon request, Applicant shall irrevocably assign to Branz its accounts receivable from any party to the extent that such receivable results from material supplied by Branz.

For the purposes of traffic control services, applicant acknowledges that pricing may change at any time. Branz will make every attempt to notify applicant prior to said change, but this cannot be guaranteed. Branz reserves the right to make all decisions on what is needed to set up a work zone. The safety of all employees (ours and yours) is our highest concern. Applicant acknowledges and understands that availability of materials is outside the control of Branz and dictated by the manufacturer and distributor of the materials, not by Branz. Branz cannot guarantee the availability of any product, material, article, or item by a particular date or otherwise and shall not be obligated to sell Applicant any particular product, material, article, or item or any quantity of same by virtue of this Agreement. Applicant agrees that it shall not and will not factor, sell, or assign the debt related to the credit Branz is extending to Applicant under the terms of this Application and Agreement. The person(s) executing this Agreement and Application hereby represents that he or she has authority to execute this Application on behalf of the Applicant and acknowledges that, if no such authority exists, then he or she, by executing this document, agrees to become personally liable under its terms. The Equal Credit Opportunity Act (ECOA) prohibits credit grantors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age. The Federal Trade Commission administers compliance with the ECOA. The undersigned hereby consents to Branz's use of a consumer credit report on each of the undersigned individuals in order to further evaluate the credit-worthiness of the applicant in connection with the extension of business credit as contemplated by this application. The undersigned hereby authorizes Branz to utilize a consumer credit report on the undersigned from time to time in connection with the extension or continuation of business credit represented by this credit application.

The undersigned as individuals hereby acknowledge and consent to the use of such credit report consistent with the Fair Credit Reporting Act. Goods not manufactured by Branz are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Applicant by the manufacturer of such goods. Branz expressly disclaims all other warranties, whether express or implied, by operation of law or otherwise, including implied warranties of merchantability and fitness for a particular purpose. Any warranty applicable to any product, material, or article Applicant purchases pursuant to this Agreement extends only from the manufacturer and does not extend from Branz. Branz's liability hereunder, and Applicant's exclusive remedies hereunder, either in contract or in tort or pursuant to statute, for breach of warranty or negligence, are expressly limited to the giving of credit or replacement. By signing here, the undersigned warrants that it has read and understood the above Application and Agreement and consents to all terms and conditions thereof. Applicant : Branz Technologies: Business Name : Approved by : Authorized Individual: Credit limit: Signature : Account Number: Title : Date : PERSONAL GUARANTY In consideration of Branz Technologies, Inc, a North Carolina limited liability company, licensed to do business in the State of North Carolina


Date and time
:

Personal Guarantee

In consideration of Branz Technologies, Inc, a North Carolina limited liability company, licensed to do business in the State of North Carolina (hereafter "Branz" or "Seller,") extending credit for payment on accounts of

 , (hereafter (*Applicant") which the undersigned hereby requests and with whom or in which company the undersigned is financially interested, and for value received, the undersigned, or either of us, hereby jointly and severally guarantee the punctual payment at maturity of his, her, its, or their indebtedness together with the interest thereon as said indebtedness may bear, now, heretofore, or hereafter incurred or due, and including interest, service charges, costs and attorney fees incurred during the collection attempts of Branz as allowed by NC General Statute 6-21.2, 6-21.5, and 6-21.6 or as otherwise allowed by law in the state of proper jurisdiction. Any party that is required to enforce any provision of this agreement, and who is the prevailing party, shall have its attorney fees and costs reimbursed by reason of any suit, action, proceeding, or arbitration to enforce the terms of this contract. Branz may receive a note or notes and other evidence of indebtedness and things of value on account or as adjustment or as security for said indebtedness or any portion thereof, and the same (or the original indebtedness) may be renewed, extended, substituted, modified and/or enforced as the Seller may think advisable, all without notice to the undersigned, or any of us, and without impairing the liability under this guaranty. Procedure against the said debtor or debtors or upon any lien of other security shall not be required as a precedent to enforcing this guaranty. This guaranty may be enforced either by a single proceeding against all of the undersigned, or any proceedings against the undersigned separately, as Branz may deem advisable. The undersigned hereby jointly and severally waives notice of the acceptance of this guaranty, notice of sales and/or indebtedness incurred, notice of credit given, and of the form thereof, and notice and default, together with demand and presentment for payment as allowed by law. This guaranty is a continuing one for the payment of any and all indebtedness which the said debtor or debtors may now or hereafter owe Branz, and this agreement and guaranty shall remain in full force and effect until cancelled in writing by letter addressed to Branz and sent to it by Certified Mail with Return Receipt, showing that said certified letter had been delivered. Such cancellation shall only affect indebtedness thereafter incurred, and shall only affect the person giving such notice, and payment of the indebtedness incurred prior to receipt of said written notice shall immediately be paid by the undersigned if not paid by the said debtor or debtors. This guaranty shall be effective and shall be deemed delivered to Seller upon the signing thereof, such signing to constitute full delivery. The undersigned hereby waives the benefit of all homestead exemption laws as to both their real and personal property including the laws and constitution of the State of North Carolina to the extent as allowed by law. This guaranty shall inure to the benefit of the Seller, its successors and assigns. IN WITNESS WHEREOF, we hereunto set our hands and seals this the

Date and time
:

Witness

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