OPEN ACCOUNT CREDIT AGREEMENT AND DISCLOSURE STATEMENT
COUNTRY PRIDE COOPERATIVE
PO BOX 529
WINNER, SOUTH DAKOTA 57580
Country Pride Cooperative, hereinafter referred to as "Coop", and the undersigned, hereinafter referred to as "Patron", agree to the following regarding all goods, merchandise, material, or services purchased or obtained from Coop and charged to Patron's account by Patron or authorized representative of Patron:
1. This Credit Agreement provides for convenience credit only and any credit extended to Patron shall not be construed to be a revolving charge account and goods, merchandise, materials, or services charged to Patron's account pursuant to the Credit Agreement shall not be construed as a consumer credit sale or consumer related sale.
2. Coop shall provide Patron with a credit limit and patron agrees not to exceed that limit.
3. Coop may place Patron on a cash delivery basis or terminate this Credit Agreement at any time without prior notice to Patron.
4. If Patron owes any sums to Coop, Coop will mail Patron a monthly statement. All statement balances for goods, merchandise, materials, or services charged to Patron's account with Coop are due and payable monthly on the "DUE DATE" as shown on the monthly statement, or the last business day preceding the Due Date, if the Due Date is not a business day, unless other terms are agreed to in writing between Coop and Patron prior to the Due Date. Customer shall be in default of this Credit Agreement if any such sums are not paid to Coop on or before the Due Date.
5. Upon default a Service Charge will be charged to Patron's account (members accounts) the day following the Due Date, as stated on the monthly statement, on any portion of the adjusted balance of the statement balance in default at a rate of 5% per month on the 15th of the month and an additional 2% at the end of every month until statement balance is paid in full. Taking the balance owed at the end of the previous billing cycle and subtracting any payments and credits received during the present billing cycle determine the adjusted balance.
6. Following default, Patron shall pay Coop all necessary and reasonable costs and expenses incurred by Coop in the collection of any sums owed by Patron. Such expenses shall include, but not be limited to prejudgment and post judgment attorney's fee and cost. Coop's acceptance of any partial or delinquent payment after the Due Date or failure of Coop to exercise any rights or remedies shall not be a waiver of any of Patron's obligations pursuant to this Credit Agreement of Coop's rights, or constitute a waiver of any other similar obligation or default by Patron occurring at a later date.
7. From time to time Patron may receive goods, merchandise, materials, or services from Coop that are charged to Patron's account when it may be impractical for patron to sign an invoice. Patron waives objection to any such charges if an objection is not made within two (2) months after Coop mails the first statement containing such charges to Patron.
8. The cooperative may assume, that in addition to Patron, the Patron's spouse, children over the age of sixteen and employees, if any are authorized to charge purchases and services to Patron's account with Coop. Patron may revoke such authorization or authorize additional people to charge to Patron's account with Coop by providing Coop written notice of any such revocation or authorization. Such authorization shall be deemed to have been made by Patron does not object to any charges made to its account by any person otherwise authorized within two (2) months after Coop mails the first statement containing any such charges to Patron.
9. WARNING: Coop may change from time to time any or all of the terms of this Credit Agreement, including, but not limited to, changes to the Due Date and/or Service Charge. Notice to Patron on any such change shall be given to the Patron in two billing cycles prior to any such change. The incurrence by Patron, or any other person authorized by Patron, of any further indebtedness, including, but not limited to, any Service Charges accrued on Patron's account, shall constitute acceptance of the change by Patron.
10. Unless Coop otherwise notifies Patron, Coop does not take a security interest in any goods, merchandise, or materials purchased by Patron. However, purchases made or services obtained and charged to Patron's account shall be secured by a security interest and lien and Patron hereby grants to Coop a security interest and lien in any stocks or certificate of indebtedness, notes, investments with Coop, except as otherwise provided in the bylaws of Coop or as otherwise agreed to in writing with Coop.
11. NOTICE: Co-signers understand and agree to pay any indebtedness incurred, pursuant to the terms of this Credit Agreement by Patron or those authorized by Patron, although they may not personally receive any goods, merchandise, materials, or services.
12. Patron acknowledges receipt of this Credit Agreement and a copy of Customer's Billing Rights. Do not sign the Credit Agreement before you have read it, or if it contains blank spaces. You are entitled to an exact copy of the Credit Agreement when you sign it.
13. No account will be allowed to have a credit limit in the excess of $250,000 unless approved by the board of directors with the exception of terminal grain purchasers provided they are bonded and the cooperative has current financial information. In such case, their limit may be expanded up to $1,000,000.
14. The above terms shall become effective July 1, 2009. All inconsistent provisions and outstanding agreements are amended accordingly.