Once this Credit Application is approved, Dewar Nurseries (“Creditor”) agrees to extend credit to the Customer and will notify the Customer of the approved credit limit.If any charge or payment is not paid within fifteen (15) days after the due date, the Customer agrees to pay a service charge on the unpaid balance equal to one and one-half percent (1.5%) per month, or the maximum rate allowed by applicable law, whichever is lower.If the Customer has a claim related to quantity, quality, or any other issue with an order, the Customer must submit a written claim to the Creditor within forty-eight (48) hours of receiving the shipment. If a claim is not submitted within this time, the claim will be considered waived. Any claims made by telephone must be confirmed in writing immediately.All shipments are F.O.B. point of shipment. The Customer agrees to address and resolve any shipping-related claims directly with the carrier.The Customer authorizes the Creditor to investigate the Customer’s credit history and to report the Customer’s payment performance under this agreement, or any other agreement with the Creditor, to credit agencies, including but not limited to Florida Growers Credit Association.The Customer acknowledges that if the account becomes delinquent, it may be assigned to Florida Growers Credit Association in Cleveland, Ohio for collection. The Customer agrees that any legal action related to collection will take place exclusively in Cuyahoga County, Ohio, and waives any claim to jurisdiction or venue in the Customer’s home county or state.If Florida Growers Credit Association takes legal action to collect an unpaid balance, the Customer agrees to pay all reasonable costs related to the collection, including attorney’s fees and court costs at both the trial and appellate levels.If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.

Whereas the Customer is or may become indebted to Dewar Nurseries, Inc. (“Creditor”), the undersigned Guarantor agrees to the following:For valuable consideration, the receipt and adequacy of which are acknowledged, the Guarantor unconditionally guarantees the full and timely payment of all debts owed by the Customer to the Creditor, both when due and at any time thereafter.The Guarantor represents that they have a direct or indirect ownership or financial interest in the Customer and will receive a direct and meaningful benefit from any credit extended to the Customer.If the Customer fails to pay any portion of the debt when it becomes due—whether according to its original terms or due to the Creditor accelerating the debt—the Guarantor agrees, upon demand by the Creditor, to immediately pay the outstanding amount. The Creditor is not required to first pursue payment from the Customer or any other responsible party before seeking payment from the Guarantor, and no prior notice of the debt or default is required before such demand is made.This guaranty is provided in connection with a credit transaction in which, in the event of nonpayment, the Customer’s account may be assigned to Florida Growers Credit Association in Cleveland, Ohio for collection. This agreement shall be governed by and interpreted according to the laws of the State of Ohio.The Guarantor agrees that if legal action is required, personal jurisdiction and venue will be exclusively in Cuyahoga County, Ohio.This agreement is a guaranty of payment and is not a contract of suretyship.