1. The applicant understands that the information provided herein is for the purposes of establishing credit with Pine Tree Lumber Co, ("Pine Tree") and applicant authorizes Pine Tree to obtain personal and commercial credit and financial information on both the applicant and the person(s) signing this Application from any source at any time Pine Tree deems necessary. The applicant(s) further authorize(s) the release of applicant's financial account information to Pine Tree from its financial institutions Including banks, savings & loans, credit unions, investment firms, lenders, etc.  Applicant is responsible for all charges to his account and agrees to comply with the following Terms of Sale.  

2. Applicant is responsible for all charges to his account and agrees to comply with the following Terms of Sale.

3. Payment may be made by cash or check. Credit card payments for materials purchased on account are not accepted. Pine Tree reserves the right to decline credit card payments for purchases made on account.

4. All invoices are due and payable on the tenth (10th) of the following month from the date of invoice. If
payment is not received by such date, this agreement shall be deemed breached.

5. It is agreed that Pine Tree's actual damages as a result of such a breach include, among other things,
administrative costs for billing, accounting for and collecting past-due payments as well as the cost to Pine Tree of the amounts past due.

6. Applicant agrees to pay Pine Tree service charges on all past due amounts at the rate of eighteen percent (18%) per annum (1.5%per month) from the date each payment becomes past due until paid. Should the service charge not be paid within 28 days of occurrence, such service charge shall be added to the principal sum due, and thereafter bear like service charge.  

7. If any action or proceeding is commenced arising out of or related to this Agreement, Pine Tree shall be
awarded reasonable attorney fees and costs of suit, including reasonable attorney fees and costs incurred on appeal and in enforcement of any judgment. In addition, applicant agrees to pay Pine Tree any collections agency fees or costs incurred to collect any unpaid amount.

8. Deliveries are to curbs only with no responsibility of Pine Tree for broken sidewalks, curbs or other
improvements when delivery is requested elsewhere. Claims for material shortages, breakage or for any non-conformance with the terms and conditions of the order must be reported within 24 hours of delivery. Otherwise, Seller will not be responsible for such claims. Should Pine Tree allow materials to be returned, a restocking fee will be charged. Any restocking charge will vary depending upon the condition of the returned material. Special orders may not be returned.  

9. LIMITED WARRANTY: Seller makes no warranties, express or implied, as to any goods which carry a manufacturers or distributors written warranty. As to all other goods, Pine Tree warrants to the original buyer that the goods are free from defects for a period of sixty (60) days from the date of purchase and that Pine Tree will at Pine Tree's option, repair or replace any goods which prove defective during the warranty period. ALL IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY. BUYER'S RIGHT TO REPAIR OR REPLACEMENT OF GOODS NOT CONFORMING TO ANY MANUFACTURER, DISTRIBUTOR OR SELLER WARRANTY, EXPRESS OR IMPLIED, IS THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER IS NOT LIABLE FOR ANY OTHER DAMAGES WHETHER ORDINARY, INCIDENTAL, OR CONSEQUENTIAL.

10. This agreement shall be construed under the laws of the State of California and if legal action is brought relating to the terms of this Agreement, San Diego County, California shall be the exclusive jurisdiction and legal venue for said action.  

11. Pine Tree has the right to file a Preliminary Lien Notice against any customer to which materials have been supplied. Failure to provide any Preliminary Lien Notice Information when requested may constitute revoking of extension of credit.  

12. Pine Tree has the right to withhold any material or shipments for any reason, including past due balance, disputes, changes in financial situations, etc.  

13. Applicant agrees that the terms as set forth in this Agreement shall act as the terms between Pine Tree and applicant and cannot be altered unless mutually agreed upon in writing by authorized representatives of both Pine Tree and applicant. Applicant also understands that at no time will payment to Pine Tree be contingent upon receipt of payment by applicant from its customer. Additionally, the terms of this agreement supersede all past terms and any future terms of sale that conflict with the terms of this Agreement including, but not limited to, terms of payment.

1. Buyer agrees to the Terms and Conditions of Sale. Buyer agrees that payment in full is due at the time of sale.

2. Buyer agrees that Pine Tree’s actual damages as a result of a breach of terms include, among other things, administrative costs for billing, accounting for and collecting payment as well as the cost to Pine Tree of the amounts due.

3. NSF (Non-Sufficient Funds):  If any payment is returned as NSF, Buyer agrees to pay Pine Tree all NSF fees, costs and service charges on all amounts due at the rate of eighteen percent (18%) per annum (1.5% per month) from the sale date until paid.  

4. If any action or proceeding is commenced arising out of or related to these Terms and Conditions of Sale, Pine Tree shall be awarded reasonable attorney fees and costs of suit, including reasonable attorney fees and costs incurred on appeal and in enforcement of any judgment.  In addition, Buyer agrees to pay Pine Tree any collections agency fees or costs incurred to collect any amount due.  

5. Deliveries are to curbs only with no responsibility of Pine Tree for broken sidewalks, curbs or other improvements when delivery is requested elsewhere. Claims for material shortages, breakage or for any nonconformance with the terms and conditions of the order must be reported within 24 hours of delivery.  Otherwise, Seller will not be responsible for such claims.  Should Pine Tree allow materials to be returned, a restocking fee will be charged.  Any restocking charge will vary depending upon the condition of the returned material.  Special orders may not be returned.

6. LIMITED WARRANTY:  Seller makes no warranties, express or implied, as to any goods which carry a manufacturers or distributors written warranty.  As to all other goods, Pine Tree warrants to the original buyer that the goods are free from defects for a period of sixty (60) days from the date of purchase and that Pine Tree will at Pine Tree’s option, repair or replace any goods which prove defective during the warranty period.  ALL IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY. BUYER’S RIGHT TO REPAIR OR REPLACEMENT OF GOODS NOT CONFORMING TO ANY MANUFACTURER, DISTRIBUTOR OR SELLER WARRANTY, EXPRESS OR IMPLIED, IS THE BUYER’S SOLE AND EXCLUSIVE REMENDY AND SELLER IS NOT LIABLE FOR ANY OTHER DAMAGES WHETHER ORDINARY, INCIDENTAL, OR CONSEQUENTIAL.

7. This agreement shall be construed under the laws of the State of California and if legal action is brought relating to the terms of this Agreement, San Diego County, California shall be the exclusive jurisdiction and legal venue for said action.

8. Pine Tree has the right to file a Preliminary Lien Notice against any customer to which materials have been supplied.

9. Pine Tree has the right to withhold any material or shipments for any reason, including unpaid balance, disputes, etc.

10. Buyer agrees that the Terms and Conditions of Sale as set forth in this Agreement shall act as the terms between Pine Tree and the Buyer and cannot be altered unless mutually agreed upon in writing by authorized representatives of both Pine Tree and the Buyer.  Buyer also understands that at no time will payment to Pine Tree be contingent upon receipt of payment by Buyer from its client.  Additionally, the terms of this agreement supersede all past terms that conflict with the terms of this Agreement.