| TERMS AND CONDITIONS OF CREDIT | |
| 1 | Buyer represents that Buyer is financially able to meet the commitments and obligations required of this Agreement and pay Seller's invoices according to the terms contained herein. Buyer agrees that: |
| A. | The full amount of each invoice for goods purchased under this Agreement is due and payable in full within terms set by Seller from the date of the invoice; |
| B. | All accounts not paid in full within terms set by Seller of invoice date will be charged a service charge equal to 2% per month of the unpaid balance, minimum finance charge of $10. Buyer also agrees to pay any and all collection, reasonable attorneys' fees fixed by the trial and all appellate courts, and court costs no matter the outcome of court case. At Seller's option, the venue of any action brought to enforce any provision of this Agreement in any County in the State of Oregon or the County in which Buyer is located; |
| C. | No orders will be released for shipment if account balance is beyond sixty (60) days. |
| 2 | Buyer represents that the execution, delivery and performance of this Agreement have been duly authorized. |
| 3 | Buyer consents to Seller's investigation of the foregoing credit information and authorizes the release of said credit information to Seller. Buyer represents that the foregoing credit information, together with Financial Statements and other information, is submitted to Seller for the purposes of securing credit from Seller with the understanding that Seller may rely safely upon the information and financial data which is submitted as part of this credit agreement. For that purpose, Buyer represents that the information and financial data submitted herewith accurately represents the financial condition of the Buyer as of the date of this Agreement. |
| 4 | All of Seller's estimates of shipment and delivery are approximated as closely as possible, but are subject to weather conditions, fire, strikes, disputes with workmen, floods, accidents, embargoes, delays in transportation, mechanical breakdowns, shortages in fuel, water, or other materials, charges of labor, action by any governmental agency, and any other cause beyond the reasonable control of Seller. In the event of a delay in shipment or delivery due to the foregoing reasons, Seller will not be responsible for any damages incurred by Buyer. |
| 5 | Buyer grants to seller and Seller retains a security interest pursuant of the Oregon Uniform Commercial Code in equipment or related supplies and parts. Buyer assumes all risk of loss or damage to said equipment and related supplies. Buyer and Seller agree that this document constitutes a security agreement. A security agreement covers all property of the same character as is covered by this Agreement which Buyer may hereafter acquire at any time until a termination of this Agreement. Buyer agrees to execute all documents necessary to perfect such security including financing statements. In the event of non-payment, Seller retains the right to repossess the merchandise covered by this security agreement. |
| 6 | Please be advised that should your account become more than 30 days past due date of invoice an agriculture lien will be placed against your nursery. Upon full payment of invoice the lien will be removed. |
| NOTE: All information submitted is held in strictest confidence, sole use to qualify applicant and determine line of credit. For your protection as well as ours, your signature as applicant is required. | |