Credit App2018-10-23T21:07:15+00:00

Harding Materials, Inc. Credit Application

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  • Credit References

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  • Bank References

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  • HARDING MATERIALS, INC. DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICUALR PURPOSE. IF THE GOODS SOLD PURSUANT TO THIS CREDIT APPLICATION ARE DEFECTIVE, CUSTOMER’S SOLE REMEDY SHALL BE THE REPLACEMENT OR REPAIR, AT THE OPTION OF HARDING MATERIALS, INC. OF THE DEFECTIVE ITEM.
  • Terms and Conditions

  • Payment is due within fifteen (15) days from date of invoice. Accounts are delinquent if not paid in full by the 30th day after the date of invoice. Credit privileges may be unilaterally terminated by Harding Materials, Inc. on delinquent accounts. This credit application and any contemporaneous or subsequent agreements between the parties shall be governed as to validity, interpretation, construction, effect, and in all other respects by the laws of the State of Indiana. The parties further agree that any suit brought by either party arising out of or relating to this agreement shall only be brought in court located in Hamilton County, Indiana.
    Notwithstanding the above and regardless of the circumstances, Harding Materials, Inc.’s total liability to the Customer for any and all claims, losses, or damages arising out of any cause whatsoever, whether based in contract, negligence or other tort, strict liability, breach of warranty or otherwise, shall in no event exceed the purchase price of the goods from which such cause arose. In no event shall Harding Materials, Inc. be liable for special, incidental, punitive, consequential, or exemplary damages. Harding Materials, Inc. shall neither be held responsible nor be liable for any delays in providing the asphalt materials. Title to goods and risk of loss shall pass to the Customer upon the loading of the asphalt materials into the Customer’s transport.
    The Customer shall defend and indemnify Harding Materials, Inc., and its agents and employees, against, and compensate it for, all claims, damages, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Customer’s services or work, but only to the extent caused by the failure to abide by this Agreement or by the negligent acts or omissions of the Customer, its laborers, employees, subcontractors, suppliers and anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
    The Customer hereby represents that it is, and will continue to be, financially able to meet any commitments it has made or may make. The Customer agrees to pay all invoices in a timely fashion and in accordance with the terms and conditions stated thereon and herein. In the event the Customer fails to pay any amount when due and if this account is placed in the hands of a collection agency or attorney for collection, or legal action, Customer agrees to pay an additional charge equal to the cost of collection including agency or attorneys' fees and expenses and court costs incurred by Harding Materials, Inc. in exercising its rights hereunder. In addition, all accounts shall accrue interest at 1.5% per month, equal to 18% annually, from the due date of the invoice until paid.
  • By using your legal name, you are agreeing with the above Terms and Conditions.
  • Continuing Guaranty

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