Credit Application

The undersigned customer desires to do business with Capital Quarries Company, Inc. (CQC), and submits this credit application with the understanding that CQC will rely on the accuracy of the information in its decisions from time to time to extend credit to customers. In consideration of CQC selling products and services to customers on account, customer makes the following representations and agrees to the following terms of credit:

• Customer represents that all credit, financial and other information given to CQC in connection with each credit decision is true, correct and complete in all respects.
• Customer hereby authorizes the bank and trade references to discuss and release to CQC all credit information requested or needed by CQC from time to time related to its decisions.
• All invoices are due and payable by the 28th day of the month following the purchase date. In the event that customer fails to pay any invoice when due, they shall be considered in default. In the event of default, interest will accrue on customer account at the rate of 1.5% per month (Annual percentage of 18%). If CQC retains an attorney or collection agency to collect any balance due, customer agrees to pay CQC's cost of collections, attorney fees and costs. Customer waives venue and agrees that the venue of any such action shall be in Cole County, Missouri.
• CQC reserves the right to refuse, cancel or refuse to sell to customer for any reason, and CQC shall not be liable for any such refusal. CQC shall not be liable for consequential, special, incidental damages, including, without limitation, lost profits or sales, expenses, damages or otherwise incurred by customer, and customers sole and exclusive remedy or right of recovery for any breach, action or omission by CQC shall be limited to recovery of any sums actually paid to CQC for its most recent purchase from CQC.
• The terms of any invoice shall control in the event of any inconsistency with the terms of this credit agreement. This agreement shall be construed and interpreted according to the laws of the state of Missouri.
• The terms of this agreement are continuing in nature and shall apply to all purchases made by customer on credit.
• The undersigned is authorized to execute this agreement on behalf of the customer.

The undersigned being financially interested in the above customer, does hereby request Capital Quarries Company, Inc. (CQC) to extend credit and make sales on credit to customer without notice of the undersigned, and does hereby unconditionally guarantee prompt payment when due of any and all indebtedness and obligations, including interest, costs and reasonable attorneys fees, of customer of CQC. The liability of the undersigned shall be primary and unconditional. It shall not be necessary for CQC to exhaust its remedies against said customer before proceeding against the undersigned.