Click here to download a copy of our credit application in Adobe Acrobat (.pdf) file format.  (New PRO- Build Application for Cox Lumber Credit revised 2/7/08)

CREDIT APPLICATION

In exchange for Cox Lumber Co., d/b/a HD Supply Lumber & Building Materials hereinafter “HD Supply” extending credit to Applicant, the Applicant and the undersigned personally, jointly and severally, warrant and represent all information is true and correct, and agree to terms of credit, including prompt payment of any monies due Cox:

CHECK HERE IF PURCHASES ARE FOR FAMILY, PERSONAL OR HOUSEHOLD USE

If the Business uses a Contractor's License, list the License Holder's Name, Address and License Type and Number:

Companies Affiliated with Applicant:
                                                                          

Name(s) of Affiliated Company (ies)                Address                   City                    State                Zip                   Telephone

Describe Affiliated Company (ies):                  Parent Co.             Subsidiary              Other Explain _______________

(If more space is needed attach separate sheet)

PRINCIPALS / OFFICERS / PARTNERS OF APPLICANT

Name: _____________________________Title: ___________Social Security #:_________________
Home Address: _____________________________________Home Phone #:____________________
Name: _____________________________Title: ___________Social Security #:_________________
Home Address: _____________________________________Home Phone #:____________________
Name: _____________________________Title: ___________Social Security #:_________________
Home Address: _____________________________________Home Phone #:____________________
Name: _____________________________Title: ___________Social Security#:__________________
Home Address: _____________________________________Home Phone #:____________________

SALESPERSON ___________________________________

TRADE REFERENCES

BANK REFERENCES / LOANS / DEPOSIT ACCOUNTS - IN THE LAST 3 YEARS

PLEASE PROVIDE CURRENT FINANCIAL STATEMENT AND MOST RECENT TAX RETURN WITH THIS APPLICATION

OWNER INFORMATION

__________________________________________________________________________________

Percentage of Ownership: _____________%
(If more than one, attach additional sheet with above information)

If Business is less than 3 years old, list any prior Business Name(s) you have operated under or your prior Employer’s Name:
___________________________________________________________________________________________________
Prior Business Name / Employer Address of Prior Business Name / Employer
Check One: _ Prior Employer _ Prior Owned Business
(If more than one, attach additional sheet with above information)

Have you or a family member been in this type of business in the last 5 years? _Yes _No
If Yes, provide:
__________________________________________________________________Years in Business_____________
Individual's Name AddressTelephone

And Business Name and Address:
__________________________________________________________________Years in Business______________
Business Name AddressTelephone

List any and all State and County Licenses by Type and No._______________________________
(Use Separate sheet if necessary)

SIGNOR INFORMATION

If the Person signing this Application is other than an Individual Applicant or Business Owner listed above, state:

Signor’s Name and Address:__________________________________________________________________________________
Name Address City State Zip

Home Phone #:_____________________________ Social Security #_____________________________________

Relationship to Applicant: _____________________________________________________________
(Position, Officer, Title, Etc.)

TERMS OF CREDIT
READ CAREFULLY

In exchange for HD Supply extending credit, the person signing below, both Individually and as an authorized agent for Applicant ("Buyer") agrees to the following:

1. Full payment for material purchased ("Goods") during any month is due on the 10th of the following month. Past due amounts incur interest at 1-1/2% per month or the maximum amount allowed by law, whichever Is more. In its sole discretion, HD Supply may limit or refuse orders or sales and/or cease credit and Buyer waives all claims related thereto.

2. Buyer assumes full responsibility for all Goods including, but not limited to, handling, storage, place and method of delivery and after delivery loss or damage from any cause. The later of" (1) five (5) business days from the date of delivery or; (2) by the 20th for Invoices dated prior to the 16th of the month and by the 5th of the following month for Invoices dated after the 15th, Buyer must deliver written  notice to HD Supply of any of00 the following: (a) any discrepancy(ies) in billing, unauthorized purchase or non-delivery, and (b) any claims of non-conformity which Include, but are not limited to, description, quality, quantity, price, defect, damage or otherwise, provided any patent damage or defect must be set forth, In writing, at the time of delivery or same is waived. Failure to notify HD Supply establishes delivery, acceptance, responsibility for prompt payment without reduction or setoff and waver of all claims, except as to a latent defect. A claim based upon a latent defect must be in writing and delivered to HD Supply within a reasonable time from the time it is or should have been discovered, but no later than expiration of the applicable statute of limitation. In all events, Goods which are claimed defective or non-conforming must be immediately returned to HD Supply in the same condition as when delivered to Buyer, otherwise full payment is due. In no event shall HD Supply be liable for claims or damages of any nature or basis in excess of the purchase price paid by Buyer.

3. Buyer  agrees mold is a naturally occurring organism, especially in Florida. As a result, notwithstanding anything to the contrary herein, Buyer agrees to: (1) thoroughly inspect the Goods; (2) within twenty-four (24) hours of delivery provide HD Supply written notice of mold, suspected mold or a related or similar condition; (3) the notice shall reasonably describe the mold or condition including its location on the Goods; (4) isolate the subject Goods from any other Goods or materials, and; (5) return the Goods to HD Supply for replacement or credit. Otherwise, Buyer accepts the Goods and agrees to be solely responsible for mold or a similar condition and hereby waives and releases HD Supply from direct or indirect loss or damage in any way related to or arising out of said organism or condition. At HD Supply’s option, Buyer's sole and exclusive remedy in lieu of all other rights and remedies is replacement or a return of the affected Good's purchase price(s).

4. If payment is not made as agreed, Buyer agrees to pay HD Supply: (a) all costs, expenses and attorney fees related to collection, whether or not suit is filed, through appeal, judgment enforcement, garnishment or otherwise, and; (b) pre-judgment and post judgment interest at the greater of 18% per annum simple interest or the maximum amount allowed by law.

5. In the event of suit brought by HD Supply or Buyer relating to or arising out of any dealings between HD Supply and Buyer, BUYER. (A) WAIVES JURY TRIAL, WHICH WAIVER INCLUDES ANY CAUSES OF ACTION, COUNTERCLAIMS, CROSSCLAIMS AND DEFENSES WHICH MAYOR COULD BE ASSERTED; (b) agrees venue shall be in either Orange or Pinellas County, Florida, at the sole option of HD Supply, and; (c) agrees venue for any depositions, including depositions in aid of execution, shall be in either Pinellas or Orange County, Florida, at the sole option of HD Supply.

6. Buyer, after due and diligent inquiry, warrants and represents (a) all information provided in this application is true and correct, it is given for the purpose of inducing HD Supply to extend credit to Buyer and HD Supply would not extend credit hereunder but for the accuracy and validity of the information herein provided; (b) if the Applicant is other than an individual, Applicant is valid, existing, in good standing and lawfully authorized to transact business; (c) neither the Applicant nor the undersigned individual in default on any credit obligations, and; (d) all Goods are for business purposes unless the "Box” on page one is "checked”.

7. If Goods purchased by Buyer are to improve real property, public or private, wherein HD Supply may have rights under Florida Statutes, Chapters 713 or 255 or related federal or state laws, Buyer shall deliver written notice to HD Supply, within ten (10) days from the date of first delivery of Goods to the real property being improved. The notice shall provide (a) the name and address of owner of the real property; (b) the address of the real property being improved; (c) a copy of the recorded Notice of Commencement, if any, for the Improvement, and; (d) where payment is guaranteed by a surety bond, provide the name and address of the project, general contractor, surety company, the surety bond number and a copy of the bond. HD Supply may exercise any and all rights it may have under Florida law and provide Notices to Owner/Contractor/Surety, and deal with any of them. HD Supply shall not be required to provide any release or satisfaction unless HD Supply has been paid in full If Buyer does not pay for Goods which improve real property, Buyer hereby assigns monies due it from the Owner of the property or higher tiered contractor, and grants HD Supply the power and right to notify and deal with such Owner or higher tiered contractor to obtain direct payment, enter into contracts, settlements, or compromises regarding amounts, reductions or terms of payment to the extent of any debt due to HD Supply by Buyer. Buyer waves all claims related to HD Supply's exercise of this right. Buyer authorizes HD Supply to provide a copy of this clause and Buyer's signature on this application to any Owner or higher tiered contractor for the purpose of obtaining assignment and/payment hereunder. Buyer directs such Owner or higher tiered contractor to rely on this clause for the purposes of assigning and paying monies to HD Supply. Buyer grants HD Supply the authority and power to file any public record or filing it deems appropriate to exercise the rights herein granted. It shall not be a defense to payment hereunder if HD Supply, in its discretion, elects to forego its rights under this paragraph.

8. Annually on the date hereof and without notice, Buyer shall update this credit application and Buyer's financial statement Buyer warrants and represents to provide HD Supply with written notice of any expected, anticipated or actual adverse financial event or circumstance. Adverse financial event means a reduction in Buyers net worth equal to at least the highest amount owed HD Supply within any twelve (12) month period. The written notice hereunder shall be provided within ten (10) days of such event.

9. Buyer agrees to deliver HD Supply written notice (including names and addresses) of any Change(s) in the ownership or form of Buyer's business and any changes in Buyer's address within five (5) days of such change(s). Buyer shall remain liable for all purchases made prior to delivery of the written notice required in this paragraph, and shall remain liable for purchases subsequent to said notice unless Buyer provides HD Supply written notice Buyer is not liable for subsequent purchases which is not effective until delivered to HD Supply. It shall not be a defense to the requirements of this paragraph that Buyer did not order the Goods.

10. The Buyer hereby consents and agrees HD Supply may secure credit information regarding Buyer and the undersigned, individually, and does forever, waive, release and discharge HD Supply from any and all claims related thereto. Each agree to dissemination of credit information to inquiring sources.

11. Delivery of Goods are at direction of Buyer who assumes full responsibility for delivery and waives all claims or defenses related thereto including, but not limited to, non-delivery, theft, loss from any cause, non-acceptance, lack of signature or unauthorized signature on delivery ticket or otherwise. Buyer agrees the HD Supply Driver's Log shall be conclusive of the fact of delivery.

12. Buyer waves all claims based upon unauthorized purchases unless Buyer delivers HD Supply written notice of such claim within the time provided in paragraph 2 above. The notice shall provide a detailed description of the Goods purchased without authority, price, order or invoice number(s), delivery date(s) and the name and address of the person responsible for the purchase. The Goods must be returned to HD Supply in the same condition as delivered by the date of the required notice set forth in this clause, otherwise Buyer agrees to pay for the same.

13. Any quotes, estimates or advance pricing of Goods by HD Supply must be in writing, dated and signed by an authorized agent of HD Supply. Same are effective for no more than forty-eight (48) hours from the date of the signed proposal and may be revoked at any time. Notwithstanding any language stating otherwise, the use of credit by Buyer to purchase goods in question shall be a ratification of this clause and over ride any contrary language in such quote, estimate or advance pricing.

14. Application sets forth the entire agreement between Buyer and HD Supply. No representation or agreement of HD Supply, its agents or representatives or any modification, addition, or amendment dealing with any term hereof shall be binding on HD Supply unless in writing, dated and signed by the Director of Credit of HD Supply. If at any time a business form of Buyer (i.e.), purchase orders, contract, letter, etc. conflicts with or is inconsistent with the terms of this application, then the writing or business form provided by Buyer to HD Supply shall be void and the terms hereof shall control. Buyer agrees its purchase orders or similar form and HD Supply’s acknowledgment(s) or acceptance(s) thereof is solely for Buyer's internal purposes and shall in no way alter the terms hereof. Buyer expressly agrees all purchases, including “CODS,” are solely and exclusively controlled by the terms of this application notwithstanding any agreements to the contrary.

15. In the event any payments are made by Buyer to HD Supply which if not property applied may subject real property to a lien, Buyer agrees the rendition of the monthly statement by HD Supply shall be deemed a demand on Buyer for direction regarding such payment(s) Otherwise HD Supply may apply any payment as it determines in its sole discretion. HD Supply has the right of set off against any credits or funds due Buyer.

16. Buyer agrees the remedies and rights granted HD Supply may be exercised or enforced, singularly or cumulatively, in HD Supply 's sole discretion. The exercise or non-exercise of any rights or remedies by HD Supply shall not give rise to any cause of action, counterclaim, or defense to payment by Buyer and shall not be deemed a waiver by HD Supply of any right, remedy or other term or condition herein.

17. All notices required hereunder and all requests, disputes or claims Buyer may have in any way related to, arising out of any transaction(s) or dealings with Cox must be in writing and delivered by United States certified mail, return receipt, to the Director of Credit, 3300 Fairfield Avenue South, St. Petersburg, FL 33712. The individual certified mall return receipt must be signed by the Director of Credit of HD Supply or his or her authorized representative and must be produced to establish delivery. The written notice to HD Supply must contain on its face the certified mall registration number which is identical to the number on the receipt so produced. Otherwise, it shall be conclusively presumed notice was not given.

18. HD Supply 's extension of credit shall be deemed its acceptance hereof. Buyer consents to an assignment of this contract to and for the benefit of HD Supply 's successor and assigns. This Agreement shall be governed by Florida law.

LIMITED WARRANTY

(1) IN THE SALE OF GOODS SUBJECT TO A MANUFACTURE’S WARRANTY, HD SUPPLY AGREES TO PROVIDE THE (“MANUFACTURER’S WARRANTY”), WHICH IS THE SOLE AND EXCLUSIVE WARRANTY IN SUCH A SALE; (2) IN A SALE OF GOODS, INCLUDING BUT NOT LIMITED TO, BUILDING MATERIALS NOT SUBJECT TO A MANUFACTURER’S WARRANTY, HD SUPPLY WARRANTS THE GOODS CONFORM TO INDUSTRY STANDARDS AT THE TIME OF DELIVERY (“MATERIAL WARRANTY”); AND (3) HD SUPPLY WARRANTS ITS WORKMANSHIP WILL BE FREE OF DEFECTS FOR A PERIOD OF ONE (1) YEAR FROM DATE OF SUBSTANTIAL COMPLETION (“WORKMANSHIP WARRANTY”) THE ABOVE  WARRANTIES ARE EXCLUSIVE AND APPLY TO ALL CLAIMS OR DEMANDS OF PURCHASER AGAINST HD SUPPLY AND ARE SOLE, EXCLUSIVE AND IN LIEW OF ALL OTHER WARRANTIES, EXPRESS OR EMPLIED, WHICH ARE HEARBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER’S SOLE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE OF THE GOODS FOUND TO BE DEFECTIVE, REPAIR, OR REPLACEMENT AT HD SUPPLY’S SOLE OPTION. PURCHASER SHALL NOT BE ENTITLED TO RECOVER FROM HD SUPPLY ANY DAMAGES DUE TO CONSEQUENTIAL LOSS. PROPERTY LOSS, LOSS OF USE, LOSS OF INCOME OR PROFITS, DELAY, LOSS OF TIME, INCIDENTAL LOSS OR OTHERWISE. IN THE EVENT OF A DEFECT, ANY REPAIR OR ALTERATION OFTHE WORK OR GOODS WITHOUT HD SUPPLY’S PRIOR WRITTEN AUTHORIZATION VOIDS ALL WARRANTIES, LIABILITIES AND RESPONSIBILITIES OF HD SUPPLY. ALL WARRANTY CLAIMS MUST BE IN WRITING DESCRIBE IN DETAIL THE CLAIMED DEFECT AND BE DELIVERED TO HD SUPPLY. THIS HD SUPPLY LIMITED WARRANTY IN NO WAY AFFECTS ANY MANUFACTURER’S WARRANTY. FLORIDA LAW GOVERNS HD SUPPLY’S LIMITED WARRANTY WHICH SUPERCEDES ALL OTHER WARRANTIES OR REPRESENTATION.

This Application is being signed by the undersigned personally. if a proprietorship, and if Applicant's business form is other than a proprietorship, the undersigned is signing in his/her individual capacity as well as his/her representative capacity, and agrees, individually and on behalf of Applicant to be bound by all terms and conditions herein. The undersigned has full and complete authority to sign this agreement.

Applicant:____________________________________________________

                 Name

BY:          ______________________________________________

                  Authorized Signature

                 ____________________________________________________

                 Print Name and Title   

Revised March 13,2007 HD Supply LBM

Please complete and sign the Authorization to Release Credit Experience below. We reserve the right to withhold credit until we process the form below. Please return to:

AUTHORIZATION TO RELEASE CREDIT EXPERIENCE
APPLICANT TO COMPLETE

I hereby authorize and direct, with full release of liability TELEPHONE # __________________

__________________________________________________________________________________
(Name of Financial Institution)

__________________________________________________________________________________
(Address of Financial Institution)

to furnish HD Supply Lumber & Building Materials full and complete information regarding the undersigned’s credit experience, including the approximate balances in checking and/or savings accounts, loan applications, the amount, balance and payment history of any loans received, paid or now owed.

PERSON TO CONTACT / TELEPHONE #:

_____________________ FOR FINANCIAL INSTITUTION REPLY USE ONLY__________________

Savings Account # _________ Since________ Checking Account # _________ Since__________

Current Balance $ _________ Since________ Current Balance $ __________ Since__________

Remarks ______________________________ Remarks _________________________________