AGREEMENT FOR CREDIT PURCHASES (“Agreement”)
Sales to Customer by OneSource Distributors, LLC (“OneSource”) shall be governed by the terms of this Agreement. This Agreement incorporates OneSource’s Standard Terms and Conditions of Sale (as amended from time to time) as if set forth in their entirety herein, a copy of which is available upon request or may be found at www.1sourcedist.com/about/terms. The terms of this Agreement shall control in case of an inconsistency with OneSource’s Standard Terms and Conditions of Sale. Customer represents and warrants that all goods and services sold to Customer by OneSource will not be used for personal, family, or household purposes. Payment is due Net 30 Days (N30D) after invoice date. Amounts owed by Customer are subject to a monthly service charge of 1.5% if payment is not received by OneSource by the 30th day from the invoice date. Customer agrees that OneSource may apply any payment from Customer to any invoices with an open balance, including the oldest invoice, regardless of any markings or memos accompanying Customer’s payment. Payments made by Credit Card shall be subject to a 2% surcharge on the value of the amount paid. “Credit Card” as used herein includes credit cards, debit cards, and all other bank and financial institute issued cards. Payment by Credit Card voids any discount terms shown on an invoice. OneSource may at any time, in its sole discretion, increase or decrease the credit limit of Customer’s account Upon request, Customer shall provide yearly financial statements to OneSource. All prices and lead times quoted by OneSource are subject to change without notice, unless otherwise expressly stated in writing. All prices and shipping or delivery dates set forth in an accepted Order are subject to change upon notice if OneSource’s cost to acquire the goods and services included in such Order increase, or the shipping or delivery dates change, due to taxes, tariffs, supply chain or transport disruptions, labor or material shortages, or any other reason or event whatsoever not within OneSource’s reasonable control. Orders may be cancelled and goods returned only if OneSource, in sole discretion, approves the cancellation or return, and all such approvals are subject to cancellation and/or restocking charges with the cost of return freight and risk of loss borne by Customer. OneSource may invoice Customer for all goods OneSource brings into its warehouse for Customer and Customer shall pay a storage charge of 1½ % per month of the total invoice amount on all such goods that Customer does not take possession of within 30 days of notice that such items are available for pickup or shipment. Customer acknowledges that the funds received related to any project for which OneSource furnished goods and services are construction trust funds expressly earmarked and to be kept in trust for the payment to OneSource for such goods and services, and Customer holds such funds as a fiduciary to OneSource. Customer irrevocably grants OneSource the right, at any time, to utilize commercial and consumer credit reporting services as well as any bank and trade references to evaluate the extension of business credit. If business credit is denied, Customer has a right to request a written statement of specific reasons for denial. OneSource complies with the Federal Equal Credit Opportunity Act, which prohibits credit grantors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided the Applicant has the capacity to enter into a binding contract); because all or part of the Applicant’s income derives from any public assistance program; or because the Applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this credit grantor is the Federal Trade Commission, Equal Credit Opportunity Act, Washington, DC 20580. Customer hereby grants Seller a security interest and right to file a UCC Financing Statement to secure the payment by Customer for all goods and services provided by Seller until such time as Customer pays in full for all such goods and services and such security interest attaches to the following as collateral, whether now owned or hereafter acquired, in whatever form (“Collateral”), securing all present and future payment obligations of Customer (“Debt”): all accounts receivables; all revenues, cash, checks, money orders, contract rights, instruments, documents, chattel paper, and accounts (including deposit, money market, brokerage, bank, special, and general); tax refunds; intangibles and intellectual property; all personal property and goods, including investment property, products, equipment (including electrical and solar), tools, safety, janitorial and other supplies, vehicles, boats, planes, and other vessels; returned and repossessed personal property; inventory wherever located, including that returned by Customer to its suppliers; all Customer’s present and future claims against any supplier, including warranty claims, claims for defective goods, or claims for overpayments to or under- shipments by suppliers; trade and other fixtures (whether or not installed and regardless of source); all leasehold improvements; all rights as a seller of goods; all non-cash consideration; and all proceeds (and proceeds of proceeds) related to or arising out any of the foregoing, in whatever form. Such security interest includes without limitation the right to take immediately possession of the Collateral without legal action and to also take any legal action in order to collect the unpaid balance in full. Customer shall pay all costs, fees, and expenses incurred by OneSource to collect the Debt or repossess the goods, including actual attorney fees and all costs whether or not litigation is commenced. OneSource, at its sole discretion, shall have the right of recoupment for any credits or refunds. This Agreement shall inure to the benefit of OneSource’s successors and assigns. The terms of this Agreement shall be binding on Customer and its successors and assigns, and shall apply in the event of the incorporation, merger, reorganization or sale of the Customer and to any entity under partial or full common ownership with Customer. California Law shall govern this Agreement and the sale of all goods and services by OneSource to Customer. Customer irrevocably submits to the jurisdiction of the state and federal courts located in San Diego, California for any action or proceeding related to or arising out of this Agreement and any sale of goods and services by OneSource to Customer. If any part or provision of this Agreement is held by a court of law in a competent jurisdiction to be unenforceable for any reason, then such part or provision shall be reformed to the extent possible to provide the intent of the parties and the remaining parts and provisions shall remain valid and in effect. Any individual signing this Agreement on behalf of any corporation, limited liability company, or other person or legal entity warrants and represents that he or she has the authority to do so. Electronic signatures, photographed signatures, and signatures transmitted by facsimile, email, or via other electronic means shall be given the full force and effect as if original. No changes to this Agreement are valid unless signed by OneSource's Credit Director or other duly authorized manager or officer. The below understands and agrees with the foregoing and certifies that the above information provided by Customer is true and correct. Rev. 07/2025.