Credit Agreement

Credit Agreement and Application
Ownership Type:
Owner Information

(Please provide information for the Owners, Principal Agents, and/or Officers of the Company)



TERMS OF PAYMENT AND SECURITY.

Unless otherwise stated, all invoices are due in full 30 days after the invoice date. Invoice disputes and claims must be made in writing within 60 days of the date of the invoice to be valid. Credit privileges may be revoked if an account becomes past due. A service charge of 1.5 percent per month may be charged on all past due accounts. Interest may be charged both before and after judgment, and continuing each month until paid. In the event of default, the undersigned agrees to pay all costs of collection including but not limited to attorney fees, court costs, and collection agency fees. You agree that in any action against you under this agreement, venue and jurisdiction shall be proper only in the Third Judicial District Court in and for Salt Lake County, Utah. You hereby waive any jurisdictional objection and consent to jurisdiction in that court. Payments are payable in Salt Lake County, Utah. A charge of $25.00 may be assessed on all returned checks regardless of the reason for return. Purchaser grants to Swire Pacific Holdings, Inc. (herein after referred to as Swire Coca- Cola, USA) a purchase money security interest in all soft drink products that Swire sells to purchaser. No terms or conditions hereof may be changed except by written consent of Swire. Swire Coca-Cola, USA retains title to all equipment furnished to the undersigned for the dispensing of soft drinks.

I/We understand, acknowledge, and accept Swire Coca-Cola, USA terms of sale and certify that the information given herein is true and correct. I/We agree to notify Swire Coca-Cola, USA in writing of any ownership or name changes. A photocopy or fax copy shall be given the same effects as the original. I/We authorize you and your agent/representatives to secure a business/consumer credit report and agree to the release of credit information. This authorization shall be continuing without expiration. Credit information will be kept confidential and will be used for the sole purpose of making credit decisions.

PERSONAL GUARANTEE

In consideration of Swire Pacific Holdings, Inc. (herein after referred to as Swire Coca-Cola, USA) extending credit hereunder, the undersigned jointly, severally, and unconditionally guarantees and promises to pay to the order of Swire Coca-Cola, USA, on demand, any and all indebtedness of the above named applicant to Swire Coca-Cola, USA. This is a continuing guarantee, and the obligations created hereby are unaffected by any change in the terms of the original indebtedness between Swire Coca-Cola, USA and the above named applicant save that of payment in full. An additional 1.5 percent per month interest charge may be charged on all accounts not paid 30 days after invoice date. Interest may be charged both before and after judgment, and continue each month until paid. You agree that in any action against you under this agreement, venue and jurisdiction shall be proper only in the Third Judicial District Court in and for Salt Lake County, Utah. You hereby waive any jurisdictional objection and consent to jurisdiction in that court. All payments are payable in Salt Lake County, Utah. The undersigned waives notice of acceptance of this guarantee and any rights that may require Swire Coca-Cola, USA to proceed against the applicant before proceeding against the guarantor(s), their heirs, successors and assignees. Guarantor agrees to pay all costs of collection, attorney fees, and court costs. A photocopy or fax copy shall be given the same effects as the original.

I/We authorize you and your agent/representatives to secure a consumer credit report and agree to the release of credit information. This authorization shall be continuing without expiration. Credit information will be kept confidential and will be used for the sole purpose of making credit decisions.

CREDIT REFERENCES (Suppliers Only)
Authorization to Obtain Consumer Credit Report/History

The undersigned hereby consents to the use of a commercial credit report and/or a non-business consumer credit report on the undersigned in order to further evaluate the credit worthiness of the undersigned as principal(s), member(s), partner(s), proprietor(s), and/or guarantor(s) in connection with the extension of business credit as contemplated by this credit application. The undersigned hereby authorizes Swire Coca-Cola, USA to utilize a consumer credit report on the undersigned from time to time in connection with the extension or continuation of the business credit represented by this credit application. The undersigned as an individual herby knowingly consents to the use of such credit report consistent with the Federal Fair Credit Reporting Act as contained in 15 USC § 1681 et seq.



Notice

The Federal Equal Credit Opportunity Act prohibits creditors 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 creditor is the Federal Trade Commission.

Acknowledgement

I acknowledge that by typing my name into the the Signature box, I am electronically signing this document as an authorized agent of the entity or individual whose information I am providing herein. I further acknowledge that with my signature I am certifying that to the best of my knowledge the information provided herein is accurate and complete.

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