Legacy Brands Credit Application

P.O. Box 28375 • Green Bay, WI 54324-0375
920-336-1555 • Fax: 920-336-3124

CREDIT POLICY


State of Wisconsin, Department of Alcohol and Tobacco Enforcement: Chapter 125.33 & 125.69
No Fermented malt beverages retail licensee or permittee may:
a. Receive, purchase or acquire fermented malt beverages from any licensee
except for cash or credit for a period of not more than 15 days.
b. Receive, purchase or acquire fermented malt beverages from any licensee or
permittee if at the time of the receipt, purchase or acquisition he or she is
indebted to any licensee or permittee for fermented malt beverages received,
purchased, acquired or delivered more than 15 days earlier.
No intoxicating liquor retail licensee or retail permittee may:
a. Receive, purchase or acquire intoxicating liquor from any permittee except for cash or
credit for a period of not more than 30 days.
b. Receive, purchase or acquire intoxicating liquor from any permittee if at the time of
the receipt, purchase or acquisition, he or she is indebted to any permittee for intoxicating
liquor received, purchased, acquired or delivered more than 30 days earlier.


CREDIT HOLD POLICY


CREDIT HOLD WILL BE PLACED ON CUSTOMERS WITH PAST DUE INVOICES
BASED ON IN-HAND BALANCES

1. In-hand means collections made and communicated by the salesperson
which are available for deposit and posting IMMEDIATELY.
2. Posted means applied to the customers account in the computer.
3. A check hold IS NOT an in-hand collection until it becomes available for
deposit.
4. Orders will not be accepted for processing from customers who are on
credit hold until a sufficient collection has been received by the Account Managers.
Drivers will not collect for past due amounts.


NSF CHECK POLICY


1. We accept only cash, certified or money orders for payment of NSF checks.
2. Customers having NSF checks outstanding are placed immediately on
credit hold.
3. The company is charged for the NSF check by our bank, and we charge
the customer. The customer is responsible for paying our NSF charge of $40 (or legal limit) per
occurrence as well as any service charge for money orders or certification of checks.
4. ONE NSF check from a customer will result in a change of terms to that
customer to cash only.
THESE POLICIES WILL BE MONITORED FOR COMPLIANCE BY THE CREDIT MANAGER AND NON-COMPLIANCE WILL BE REPORTED TO MANAGEMENT FOR ACTION.

Terms Agreement


The undersigned (Purchaser) agrees that all purchases made by the Purchaser from Legacy Brands, LLC a subsidiary of Triangle Distributing Co., Inc. (Seller) are subject to the following terms and conditions:


1. All amounts due for goods and services purchased from Seller are payable at the Seller's distribution facility from which the goods and services are delivered. Purchaser acknowledges that such amounts are not payable in installments but are payable in full as stated herein.


2. All amounts due to the Seller are payable in accordance with payment terms granted by the Seller's credit department from with the goods and services are delivered. If any amount due to the Seller is not paid in accordance which such payment terms, a delinquent charge shall be added to the sum due, which charge shall equal the amount obtained by multiplying the delinquency by 1 1/2% (one and one-half) percent per month on all non-beer purchases.


3. Check Writers: We accept checks under these conditions: When you pay by check, you expressly authorize this merchant if your check is dishonored or returned for any reason, to electronically debit your account for the amount of the check plus a processing fee of $40.00 (or legal limit) plus any applicable sales tax. The use of a check for payment is your acknowledgement and acceptance of this policy and its terms.
4. In the event the account is turned over to an attorney or other agency for collection or suit is brought on the same, or the same is collected through any judicial proceeding whatsoever. Purchaser shall pay all reasonable attorneys’ fees and court cost incurred by the Seller.


5. Purchaser shall notify Seller by certified mail of any change of ownership or Purchaser. Purchaser warrants to Seller.

Date
Date
I,_________________________________, for and in consideration of your extending credit at any request to___________________ ("Company"), personally guarantee prompt payment of any obligation of the Company to Legacy Brands, LLC a subsidiary of Triangle Distributing Co., Inc. (Seller), whether now or herein after incurred, and I agree to bind myself to on any sum which is due the Company to Seller whenever the Company fails to pay the same It is understood this guarantee shall be an absolute, continuing, and irrevocable guarantee for such indebtedness of the Company. I expressly waive presentment, demand, protest, dishonor, diligence, notice of default or nonpayment, notice of acceptance of this agreement, notice of the extending of any guaranteed indebtedness already or hereinafter contacted for by Company, notice of any modification or renewal of any credit evidencing the indebtedness guaranteed, notice if any renewal or indebtedness hereby guaranteed and to all renewals or extensions of such indebtedness. I further waive any right to require Seller to proceed against, or make any effort at collection of the guaranteed indebtedness, from Company or any other party liable for such indebtedness. If the guaranteed indebtedness is not paid by me when due, and this guarantee is placed in the hands of an attorney for collection or suit is brought hereon, or it is enforced through any judicial proceeding whatsoever, I shall pay all reasonable attorney's fees and costs incurred by Seller. In the event more than one party executes this guarantee as a guarantor, than each guarantor agrees to be jointly and severally liable for the guaranteed indebtedness, and in all instances herein, singular should be constructed to include the plural.
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
Date *
Date
Witness
Witness
CUSTOMER HISTORY APPLICATION
Are you leasing/renting business location?
If yes, Landlord's Name:
If yes, Landlord's Name:
(Landlord's) Daytime Phone:
(Landlord's) Daytime Phone:
Business Type
CHECK ONE
OPENING DATE
OPENING DATE
Contact's Name:
Contact's Name:
Daytime Phone:
Daytime Phone:
Physical Address
Physical Address
Mailing Address
Mailing Address
If different than physical address
Business Phone
Business Phone
Fax #
Fax #
License Expiration Date *
License Expiration Date
Have you ever done business with Triangle Distributing?
Complete for Corporate Officers, Partners or Individual Proprietor
Address
Address
Home Phone
Home Phone
Partner or Corporate Officers
(If necessary)
Address
Address
Home Phone
Home Phone
WILL YOU CONTINUE EMPLOYMENT ELSEWHERE?
Address
Address
Phone Number
Phone Number
Digital Signature *
Digital Signature
Date *
Date
Business References
(1) Name
(1) Name
Address
Address
Phone
Phone
(2) Name
(2) Name
Address
Address
Phone
Phone
WISCONSIN SALES AND USE TAX EXEMPTION CERTIFICATE
RESALE CERTIFICATE (FORM S-211)
Check One *
(Description of Property or Services Sold by Purchaser)
(itemize property purchased if "Single Purchase")
PROPOSED EXEMPT USE
Enter purchaser's seller's permit or use tax certificate number
Manufacturing
Percent of fuel exempt:
Percent of electricity exempt:
Percent of fuel exempt:
Farming
To qualify for this exemption, the purchaser must use item(s) exclusively and directly in the business of farming, including dairy farming, agriculture, horticulture, floriculture, or custom farming services.
Other
CES No.
on my behalf where
is registered to collect and remit sales tax to the Department of Revenue on such sales.
who is enrolled with and resides on the
Reservation, where buyer will take possession of such property or services.
Percent of electricity or natural gas exempt
% of Electricity Exempt
% of Natural Gas Exempt
% of Fuel Exempt
% of Electricity Exempt
% of Natural Gas Exempt
% of Fuel Exempt
Address Delivered:
State items and exemption
I hereby certify that if the item(s) being purchased are not used in an exempt manner, I will remit use tax on the purchase price at the time of first taxable use. I understand that failure to remit the use tax may result in future liability that may include tax, interest, and penalty.
Authorized Signature *
Authorized Signature
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
Date *
Date
Instructions
This certificate may be used to claim exemption from Wisconsin state, county, baseball and football stadium, local exposition, and premier resort sales or use taxes. Under the sales and use tax law, all receipts from sales of tangible personal property, property, items and goods under sec. 77.52(1) (b), (c), and (d), or taxable services are subject to the tax until the contrary is established. However, a seller who receives a fully completed exemption certificate no later than 90 days after the date of sale is relieved of any responsibility for collection or payment of the tax upon transactions covered by the certificate. A fully completed certificate is one which is completely filled in and indicates the reason for exemption. RESALE: A purchaser using the resale exemption is attesting that the tangible personal property, property, items, or goods under sec. 77.52(1)(b), (c), or (d), or taxable services being purchased will be resold, leased, licensed, or rented. However, in the event any such property, items, or goods is used for any purpose other than retention, demonstration, or display while holding it for sale, lease, license, or rental in the regular course of business, the purchaser is required to report and pay the tax on the purchase of the property, item, or good. The following purchasers may make purchases for resale even though they do not hold a Wisconsin seller’s permit or use tax certificate: (a) A wholesaler who only sells to other sellers for resale may insert “Wholesale only” in the space for the seller’s permit number; (b) A person who only sells or repairs exempt property, such as to a manufacturer or farmer, may insert “Exempt sales only”; (c) A nonprofit organization may insert “Exempt sales only” if its subsequent sales of the tangible personal property, property, items, or goods under sec. 77.52(1)(b), (c), or (d), or taxable services are exempt as occasional sales. A seller is allowed to accept an exemption certificate from an out-of-state retailer claiming the resale exemption for tangible personal property and items, property, and goods under sec. 77.52(1)(b), (c) and (d), Wis. Stats., drop shipped to a Wisconsin location, regardless of whether or not the out-ofstate retailer holds a Wisconsin seller’s permit. The out-of-state retailer’s permit number, if the other state issues one, and state should be listed on the exemption certificate. If the exemption certificate does not list the Wisconsin seller’s permit number or the out-of-state retailer’s permit number and state, to be fully complete and valid the exemption certificate must contain a statement indicating the out-of-state retailer is a seller that is not required to hold a permit. A resale exemption may be granted if the purchaser is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose. If the buyer purchases an item without tax for resale, but uses the item, the buyer owes use tax on its purchase of the item. MANUFACTURING: “Manufacturing” means the production by machinery of a new article of tangible personal property or items or property under sec. 77.52(1)(b) or (c) with a different form, use, and name from existing materials, by a process popularly regarded as manufacturing, and that begins with the conveying raw materials and supplies from plant inventory to the place where work is performed in the same plant and ends with conveying finished units of tangible personal property or items or property under sec. 77.52(1)(b) or (c) to the point of first storage in the same plant. FARMING: This certificate may not be used by farmers to claim exemption for the purchase of motor vehicles or trailers for highway use, lawn or garden tractors, snowmobiles, or for items used for the personal convenience of the farmer. When claiming an exemption for an ATV which is also registered for public use, a written description including the percentages of time for personal and farm use, must be submitted with the ATV Registration Application. The sales price from the sale of electricity, natural gas, and other fuels for use in farming are exempt all 12 months of the year. Farmers claiming this exemption should check the box for electricity and fuel located in the “Other” section. This certificate cannot be used as an exemption for paying Wisconsin motor vehicle fuel tax. GOVERNMENTAL UNITS AND OTHER EXEMPT ENTITIES: A seller may accept exemption certificates from federal and Wisconsin governmental units and federally recognized American Indian tribes or bands in Wisconsin. Instead of obtaining an exemption certificate, a seller may (1) accept a purchase order from the governmental unit or tribe or band, or (2) record the governmental unit or tribe or band’s Certificate of Exempt Status (CES) number on its invoices. Governmental units of other countries and states are not exempt from Wisconsin sales tax. The exemption for the United States and its unincorporated agencies and instrumentalities may also be claimed by any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States. The exemption for Wisconsin governmental units and other exempt entities may be claimed by: Local Exposition District, Professional Baseball Park District, Professional Football Stadium District, UW Hospitals and Clinics Authority, Wisconsin Aerospace Authority, Health Insurance Risk-Sharing Plan Authority, Wisconsin Economic Development Authority, Fox River Navigational System Authority, public inland lake protection and rehabilitation districts, municipal public housing authorities, uptown business improvement districts, local cultural arts districts, county-city hospitals, sewerage commissions, metropolitan sewerage districts, or joint local water authorities. Organizations holding a Certificate of Exempt Status (CES) number: Wisconsin organizations organized and operated exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, may purchase products or services exempt from Wisconsin sales tax if the organization holds a CES number issued by the Wisconsin Department of Revenue. Wisconsin and federal governmental units, and any federally recognized American Indian tribe or band in Wisconsin, will also qualify for a CES. A similar out-of-state organization, generally organized under sec. 501(c)(3) of the Internal Revenue Code, may purchase products or services exempt from Wisconsin sales tax even though it has not been issued a CES number. This exemption does not apply to out-of-state public schools, including public colleges and universities, and governmental units from other states. INSTRUCTIONS - 3 - S-211 (R. 11-14) Wisconsin Department of Revenue Purchases (for lodging, meals, auto rental, etc.) by employees/ representatives of exempt organizations performing organization business, are exempt from sales tax, provided 1) the retailer issues the billing or invoice in the name of the exempt organization, 2) the CES number is entered on the billing or invoice, and 3) the retailer retains a copy of that document. OTHER: Containers: This exemption applies regardless of whether or not the containers are returnable. Containers used by the purchaser only for storage or to transfer merchandise owned by the purchaser from one location to another do not qualify for the exemption. Common or contract carriers: The exemption available to common or contract carriers for certain vehicles and repairs listed on this certificate applies only to those units used “exclusively” in such common or contract carriage. A carrier may qualify for the common or contract carriage exemption even if it does not hold a LC or IC number. The fact that a carrier holds a LC or IC number is not in itself a reason for exemption. A carrier may qualify for the common or contract carrier exemption even if it does not hold an LC or IC number. Waste treatment facilities: The exemption applies to the sale of tangible personal property and items and property under sec. 77.52(1)(b) and (c) to a contractor for incorporation into real property which is part of an industrial or commercial waste treatment facility that qualifies for property tax exemption or a Wisconsin or federal governmental waste treatment facility. Electricity, natural gas, fuel oil, coal, steam, corn, and wood (including wood pellets which are 100% wood) used for fuel: • The sales price from the sale of electricity and natural gas for residential use during the months of November through April are exempt from sales and use tax. • The sales price from sales of fuel oil, propane, coal, steam, corn, and wood (including wood pellets which are 100% wood) used for fuel sold for residential use are exempt from sales or use tax. Wood pellets are considered 100% wood even though the pellets may contain a small amount of binding material used to form the pellets. • The sales price from the sale of fuel and electricity for use in farming are exempt all year. A retailer of electricity, fuel, or natural gas shall have a signed exemption certificate for exempt sales for residential or farm use unless any of the following apply: 1. 100% of the electricity, fuel, or natural gas is for exempt use. 2. The sale is to an account which is properly classified as residential or farm pursuant to schedules which are filed for rate tariff with the Wisconsin Public Service Commission which are in force at the time of sale. 3. The sale is to an account which is properly classified as residential or farm for classification purposes as directed by the Federal Rural Electrification Administration. “Farm use” means used in farming, including use in a tractor or other farm machines used directly in farming, in a furnace heating a farm building, in providing lighting in farm buildings, and use in operating motors of machines used directly in farming. “Residential use” means use in a structure or portion of a structure which is a person’s permanent principal residence. It does not include use in motor homes, travel trailers, other recreational vehicles, or transient accommodations. “Transient accommodations” means rooms or lodging available to the public for a fee for a continuous period of less than one month in a building such as a hotel, motel, inn, tourist home, tourist house or court, summer camp, resort lodge, or cabin. Other purchases exempted by law include: 1. Printed material which is designed to advertise and promote the sale of merchandise, or to advertise the services of individual business firms, which printed material is purchased and stored for the purpose of subsequently transporting it outside the state by the purchaser for use thereafter solely outside the state. 2. Parts, supplies, or repairs for a school bus used exclusively as a contract carrier pursuant to a contract with a school or other organization. 3. Waste reduction and recycling machinery and equipment, including parts and repairs, which are exclusively and directly used for waste reduction and recycling activities. 4. Railway cars, locomotives, and other rolling stock used in railroad operations, or accessories, attachments, parts, lubricants, or fuel therefor. 5. Commercial vessels and barges of 50-ton burden or over engaged in interstate or foreign commerce or commercial fishing, and accessories, attachments, parts, and fuel therefor. 6. Fuel sold for use in motorboats that are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in sec. 29.001(63), Wis. Stats., and the rivers and tributaries specified in sec. 29.2285(2) (a)1. and 2., Wis. Stats., if the owner and all operators are licensed under sec. 29.514, Wis. Stats., to operate the boat for that purpose. 7. A product whose power source is the wind, direct radiant energy received from the sun, or gas generated by the anaerobic digestion of animal manure and other agricultural waste, if the product produces at least 200 watts of alternating current or at least 600 British thermal units per day, but not including a product that is an uninterruptible power source that is designed primarily for computers. 8. Effective July 1, 2013, snowmaking and snow-grooming machines and equipment, including accessories, attachments, and parts for the machines and fuel and electricity used to operate such machines and equipment, that are used exclusively and directly for snowmaking at ski hills, ski slopes, and ski trails. 9. Effective July 1, 2013, advertising and promotional direct mail and printing services used to produce advertising and promotional direct mail. SIGNATURE: For corporations, this form must be signed by an employee or officer of the corporation. QUESTIONS: If you have questions, please contact us. WISCONSIN DEPARTMENT OF REVENUE Customer Service Bureau PO Box 8949 Madison WI 53708-8949 Phone: (608) 266-2776 Fax: (608) 267-1030 Website: revenue.wi.gov

EFT PROGRAM

• No Cost • Eliminates paying with cash, checks or money orders • Quick and easy sign-up • Available for customers with one delivery location only
*
Mailing Address: *
Mailing Address:
Location Address *
Company Phone: *
Company Phone:
Company Fax:
Company Fax:
Primary Contact Name: *
Primary Contact Name:
Contact Phone: *
Contact Phone:
(Always 9 digits)
Account Type: *
Payment Terms:
* Net 15 will be assumed in for box is checked *
The undersigned on behalf of Company hereby authorizes Triangle Distributing (Distributor) and its electronic funds service providers, including authorized banks, to use invoice information to initiate debit/credit entries for irrevocable payment for goods and services rendered by Distributor as designated (including the initiation of adjusting debits/credits for entries made in error or entries requiring reversals due to returned items) and for any other purpose related to the invoice information. All entries shall be made to the Company account shown above. Company agrees to fund the account adequately and guarantees to Distributor that sufficient funds will be available in the account to cover such debits/credits. Company agrees to acept such debits/credits and not to block access to the accounts. This authorization is to remain in full force and effect until Company has provided written authorization for its termination at such time and in such manner so as to afford Distibutor, its electronic funds service providers and Company's bank a reasonable opportunity to act on it. Company and the undesigned each represent and warrant that they are authorized and empowered to execute this authorization for the purposes specified herein. Company agrees to indemnify and hold Distributor and its electronic funds service providers harmless from any damage, loss or claim resulting from Distributor's authorized actions hereunder.
Primary Authorized Signature *
Primary Authorized Signature
(must be a signer on the account shown above) Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
Secondary Authorized Signature
Secondary Authorized Signature
(If Needed)
Date *
Date

** Insufficient Funds in the account will result in a $50.00 fee

Questions?  Contact Tammy Kelly:
(920)338-4510 or ttischer@triangledist.com