By signing and returning this Application for Credit, Applicant certifies and agrees as follows: (i) The information contained herein is true and correct. (ii) Applicant authorizes E. R. Jahna Industries, Inc., S & R Logistics, Inc., Savannah Sand Company Inc., and Cabbage Grove Mining Company (“hereinafter collectively known as Jahna”) at any time and from time to time so long as Applicant does business with Jahna, to obtain credit reports about Applicant and to obtain credit information from banks or others with whom Applicant has dealt. Applicant authorizes all references named herein to release credit information to Jahna. The authorized individual signing on behalf of Applicant, recognizing that his or her individual credit history may be a factor in evaluation of the credit history of the Applicant hereby consents to and authorizes the use of a consumer credit report on such individual, from time to time so long as Applicant does business with Jahna. (iii)  Applicant agrees to furnish such additional information as Jahna may request to warrant future extensions of credit or to enable Jahna to perfect liens or to recover upon any bond issued for its protection. (iv) Applicant agrees that all purchases will be made under the Terms and Conditions of Sale printed below. (v) Applicant agrees that Jahna may, for any reason and at any time, elect to terminate any credit that is extended to the Applicant or modify the conditions under which credit is to be extended.

1. Acceptance.
   Acceptance of any order from Applicant (“Order”) is expressly made conditional on assent to these Terms and Conditions, either by written acknowledgement or by Applicant’s acceptance of the products sold hereunder. These Terms and Conditions also serve as Jahna’s objection to and rejection of any terms and conditions included in Applicant’s forms that are different from or additional to these Terms and Conditions.
2. Prices, Taxes, Transportation.
   Unless otherwise agreed, the prices for products covered by any order are for quantities indicated. Applicant shall pay all taxes applicable to the sale or delivery by Jahna or subsequent use by Applicant of such products. Transportation charges are based on rates now in effect and are subject to change without notice to the charges in effect at the time of each shipment. Weights will be determined strictly in accordance with rail or truck scale weights without any allowances for moisture or specific gravity variations.
3. Warranties.
   As to the products at the time of shipment, Jahna warrants good title and conformance to specifications stated on the front of any order acknowledgement from Jahna. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO WARANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSES. Applicant shall promptly notify Jahna of any suspected breach of Jahna’s warranties and hold the products for Jahna’s inspections. Products may not be returned by Applicant without prior written authorization from Jahna.
4. Limitation of Liability.
   IN THE EVENT PRODUCT IS UNSATISFACTORY, JAHNA’S LIABILITY IS LIMITED TO FURNISHING REPLACEMENT MATERIAL. IN NO EVENT SHALL JAHNA BE LIABLE TO APPLICANT FOR LOSS OF PROFITS OR REVENUE OR FOR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. REGARDLESS OF PRIOR DEALINGS, ANY CLAIM BY APPLICANT SHALL BE DEEMED WAIVED UNLESS PRESENTED IN WRITING TO JAHNA WITHIN 1 YEAR FROM THE DATE OF DELIVERY OR WITHIN SUCH OTHER TIME PERIOD AS JAHNA MAY HAVE PROVIDED IN WRITING.
5. Credit, Payment Terms.
   Shipments are subject to prior credit approval. Terms of payment are thirty (30) days from invoice date. If Applicant fails to make timely payments or if, in Jahna’s opinion, the financial condition of Applicant or other grounds for insecurity warrant such action, Jahna may, without limiting its other remedies, (i) suspend shipments pending receipt of payment in advance or other security satisfactory to Jahna or (ii) terminate the Order, in which event unpaid invoices shall become immediately due and payable. Applicant agrees to pay 1.5% per month or the maximum lawful service charge which may be assessed by Jahna, whichever are lower or unpaid invoices from their due dates and Jahna’s reasonable costs of collection, including, but not limited to, reasonable attorney’s fees.
6. Misplaced Loads.
   All products (sand, rock, etc.) is considered sold at the time it is loaded, scaled and ticketed on your designated carrier’s truck. Any misplaced loads of products are the responsibility of the Applicant and shall be paid for in full pursuant to the terms of this Agreement.
7. Force Majeure.
   Jahna shall not be liable for failure or delay in performance due in whole or in part to causes such as an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any governmental unit, unforeseen shortages or unavailability of fuel, power, transportation, raw materials or supplies, inability to obtain or delay in obtaining necessary equipment or government approvals, permits, licenses or allocations, and any other causes which are not within the reasonable control of Jahna, whether or not of the kind specifically enumerated above. Under any such circumstances, Jahna shall have the additional time needed to complete the Order and the right to allocate its available supply in the manner it selects, to itself an among any or all customers, including but not limited to, its subsidiaries and affiliates.
8. Waiver.
   Jahna shall not be deemed to have waived any right, power, privilege or remedy unless such waiver is expressly in writing and duly executed. No partial exercise, failure to exercise, delay in exercising or course of dealing with respect to any right, power, privilege or remedy shall operate as a waiver thereof by Jahna or any other right, power, privilege or remedy.
9. Governing Law.
   The laws of the state in which Jahna’s plant supplying the product in question is located shall govern the validity, interpretation, construction and effect of these Terms and Conditions and any Order, without regard to principle of conflict of choice of law.
10. General.
    These Terms and Conditions contain the entire agreement of the parties with respect to the sale of products by Jahna and any credit extended in connection therewith, and all previous contracts, purchase orders, proposals, discussions and communications relating to the same are superseded except to the extent that they have been incorporated by direct reference. These Terms and Conditions may not be amended without Jahna’s prior written consent. If any provision of these Terms and Conditions, whether a paragraph, sentence or portion thereof, is judicially determined to be null and void or unenforceable, such provision shall be deemed to be severed, and the remaining provisions shall remain in full force and effect. The headings are for convenience of reference only and shall not affect its interpretation or construction. Any errors incorporated in or appearing on these Terms and Conditions are subject to correction by Jahna.

For purposes of accepting these terms set forth in this Applicants Certification and Agreement online the typed name of the individual signing the document shall have the same legal effect as legal signatures. Please be advised that typing in someone’s name/signature without their permission constitutes forgery. By typing in the name and accepting this agreement and filing this with Jahna you hereby acknowledge that you have the authority to enter into said Agreement and shall be bound by the terms and conditions of this Applicants Certification and Agreement.