New Account Form

14704 E 33rd Place, STE C, Aurora, CO 80011 |303-373-5778 | info@maverickbevco.com

This form is filed in our confidential credit file and used only in establishing credit with our company

Customer agrees that delinquent balances on invoices over 60 days old will carry interest at a rate of 1.5% per month, and further agrees to pay all costs of collection, including reasonable Attorney’s fees. There is an additional charge for returned payments at the maximum allowed by state law.

Customer expressly agrees that the forum for any litigation pursuant to this agreement or any other contract between Seller and Customer, whether Seller or Customer brings suit, shall be the state or federal courts located in Arapahoe County, Colorado, and the Customer consents and submits to the venue and jurisdiction of said courts. This agreement shall be governed by and construed in accordance with the laws of Colorado.

Customer shall make a careful inspection at time of delivery. Failure to give written notice within ten (10) days of delivery shall constitute an unqualified acceptance of the merchandise delivered and a waiver of all claims. No returned product will be accepted without prior approval. Restocking fee of 25% will be applied.

This signature gives permission to Johnson Brothers of Colorado Inc, or their agent, to verify any or all information listed on this form.

This letter will confirm our understanding:

To indue Johnson Brothers of Colorado Inc and their various divisions, subsidaries, parents, affiliates and related businesses to sell merchandise and extend credit to the Customer above-named, I/we hereby unconditionally guarantee the prompt and full payment when due of any and all indebtedness that the Customer may owe you from time to time arising from your sale or delivery of merchandise to the Customer. I/we will also pay you any collection expenses and reasonable attorney’s fees you may incur due to the Customer’s default or to enforce this guaranty. I/we agree that these obligations may not be offset by any claim or counterclaim the Customer may have against you, or by any potential contribution from another guarantor. You may enforce this guaranty either before or after proceeding against the Customer.

This guaranty is continuing, absolute and unconditional, and I/we can revoke it only by giving you my/our termination notice in writing (verbal notice is insufficient My/our guaranty will still cover any transactions that occur before you actually receive such written notice.

I/we hereby waive notice of acceptance, demand, protest, dishonor, default or non-payment, orders, sales and deliveries, and extensions of credit. My/our obligations under this guaranty will be joint and several, and not be affected by any settlements, compromises, releases, adjustments, or other transactions involving you and the Customer. I/we agree that you may bring any suit to enforce this guaranty in the state or federal courts located in Arapahoe County, Colorado, and I/we consent to the venue and jurisdiction of said courts.

I/we understand that this is a legal agreement, and agree to be bound by its terms.

Purpose of This Form

This form may be used to document eligibility for certain sales tax exemptions. It may be applied to multiple purchases by the same purchaser claiming the same exemption. Do not send this form to the Department. A purchaser may complete this form and give it to the seller as part of claiming a sales tax exemption. A seller generally has the burden of proving that an otherwise taxable sale was properly exempted. A seller may: Accept this form as part of its due diligence in verifying the purchaser’s eligibility for a sales tax exemption; or Obtain and retain this information in its records in another format, including the Uniform Sales & Use Tax Resale Certificate developed by the Multistate Tax Commission.

When To Use This Form

This form is primarily designed for two types of point-of- sale exemptions: wholesale and exempt entity purchases. Use the following forms to document proper exemption of other types of purchases:

Exemption	Form
Electricity & Gas for Domestic Consumption DR 1260	DR 1260
Electricity & Gas for Industrial Use	DR 1666
Farm Equipment	DR 0511
General Motor Vehicle Exemptions	DR 0780
Low-Emitting Heavy Vehicles	DR 1369
Pine or Spruce Beetle Wood	DR 1240

Purchaser Instructions

Line 1 Purchaser Information

Enter the legal name, trade name (if different), mailing address, and phone number of the business or exempt entity making the purchase. Abbreviations such as “Dept.” are acceptable, but do not use acronyms. Also enter the number, state, and expiration date of the purchaser's sales tax license or exemption certificate or card.

• For a Colorado sales tax license, enter only the 8- digit Colorado account number, and not the 12-digit location ID.
• For a direct purchase by a U.S. or Colorado state or local governmental entity, an exemption certificate or card is not required.
• For a tribal membership card, enter the state as SU for the Southern Ute Indian Tribe or UM for the Ute Mountain Ute Tribe.
• For a diplomatic exemption card, enter the state as FM for the U.S. Office of Foreign Missions. Skip lines 2 and 3, and continue with Line 4.
• For a contractor exemption certificate, skip lines 2 and 3, and continue with Line 4.

Line 2 Wholesale Exemption

If you are claiming a wholesale or manufacturing exemption, mark the type of exemption, and describe the ordinary course of your business, including the product(s) manufactured and/or sold.

Purchase for Resale. Mark this box if you are claiming a purchase for resale, which means you plan to resell the item in an unaltered or unused state in your ordinary course of business. You cannot claim this exemption if you are the user or consumer of the item. For more information, see Department guidance publication Colorado Sales Tax Guide.

Manufacturing. Mark this box if you are claiming a manufacturing exemption, and also mark one of the boxes below that corresponds with the intended use of the purchased items. For more information, see Department guidance publication Sales and Use Tax Topics: Manufacturing.

Ingredients and Component Parts. This exemption applies to tangible personal property that becomes an essential constituent part of the finished product. This includes any container, label, or the furnished shipping case for the finished product.

Machinery, Machine Tools, and Parts. This exemption applies to items used directly and predominantly to manufacture tangible personal property in Colorado for sale or profit. Do not submit a copy of the form for this exemption to the Department.

Testing, Modification, or Inspection. This exemption applies to property used in manufacturing or similar type of activities outside of Colorado that is initially delivered to Colorado for testing, modification, or inspection for a period not to exceed 90 days.

Line 3 Entity Exemption

Type of Entity. If you are claiming an exemption based on your tax-exempt status, mark the type of exempt entity.

Charitable Organization. This exemption applies to goods or services that are reasonably used exclusively in the conduct of a charitable organization’s regular charitable functions and activities. Charitable organizations generally include section 501(c3) organizations and section 501(c) (19) veterans' organizations. For more information, see Department guidance publication Sales and Use Tax Topics: Charitable Organizations.

U.S. or Colorado State or Local Government. This exemption applies to goods or services that are:

• Reasonably used in only a governmental capacity; and
• Purchased by the U.S. government; the State of Colorado; any Colorado local government including a county, city, school district, or special district; or any department, institution, or agency of these developed by the Multistate Tax Commission, or in another governments, including a Federal Credit Union or Farm format in your records. Credit Bank. Verify

For more information, see Department guidance publication Sales and Use Tax Topics: Governmental Entities. First, verify the validity of any state-issued sales tax license or exemption certificate in one of the following ways:

Affordable Housing Project. This exemption applies to purchases by a qualifying entity for use in a qualifying Go to Colorado.gov/RevenueOnline, click the link to project that the entity owns, leases, or constructs. For more “Verify a License or Certificate,” and keep a record of information, see Department guidance publication FYI its number and expiration date; or Sales 95: Sales/Use Tax Exemption for Affordable Housing Inspect a physical copy of the license or certificate, Projects. ensure it is complete and has not expired, and keep a

Tribe or Member. Mark the type of qualifying purchaser. copy of it. This exemption applies only to sales made on or delivered Second, consider whether the goods or services would to a Colorado reservation. For more information, see reasonably be used for the exempt purpose claimed. If Department guidance publication Sales and Use Tax multiple wholesale exemptions are marked, ensure the Topics: Tribal Exemption. description of the ordinary course of business is sufficiently

Qualifying Payment. Mark the type of payment, unless detailed to explain all of the exempt uses claimed. the exemption is for a tribal member or entity owned by a When required, also verify and document that the purchase tribe or member. The purchase must be made directly from is made directly from the funds of the entity claiming the the funds of the exempt entity. A purchase authorization exemption. may include a bid, purchase order, contract, or other agreement with the exempt entity. Re-check the validity of any sales tax license or exemption certificate after its expiration date, or if you have reason

Line 4 Other Exemption

If you are claiming any other type of exemption, describe: to doubt whether the previous verification is valid or applicable.

• The exemption claimed, including, if possible, the statute or rule defining it; and
• Your qualifications, including how you will use the items purchased.

For a contractor exemption, include the project name.

For a diplomatic exemption, enter whether the exemption card is for a mission or personal exemption, and describe the restrictions stated on the card. For more information, visit the U.S. Office of Foreign Missions website at state.gov/sales-tax-exemption.

Line 5 Purchaser Signature

This form must be signed by the purchaser, or a person authorized to execute this form on behalf of the purchaser. The purchaser remains directly liable for the reporting and payment of sales or use tax, plus interest and any applicable penalties, for any purchase that is found to not qualify for the exemption or used in a manner that does not qualify for the exemption.

Seller Instructions

A seller should follow these steps to obtain and retain sufficient information and documentation from the purchaser to verify their eligibility for the exemption. If you cannot resolve a doubt about the purchaser’s eligibility, collect the applicable tax.

Document

Collect and keep the required information using this form DR 5002, the Uniform Sales & Use Tax Resale Certificate

Verify

First, verify the validity of any state-issued sales tax license or exemption certificate in one of the following ways:

• Go to Colorado.gov/RevenueOnline, click the link to “Verify a License or Certificate,” and keep a record of its number and expiration date; or
• Inspect a physical copy of the license or certificate, ensure it is complete and has not expired, and keep a copy of it.

Second, consider whether the goods or services would reasonably be used for the exempt purpose claimed. If multiple wholesale exemptions are marked, ensure the description of the ordinary course of business is sufficiently detailed to explain all of the exempt uses claimed. When required, also verify and document that the purchase is made directly from the funds of the entity claiming the exemption.

Update

Re-check the validity of any sales tax license or exemption certificate after its expiration date, or if you have reason to doubt whether the previous verification is valid or applicable.

 

4. Other Exemption. Describe the exemption claimed and how your purchase qualifies.

Purchaser Signature:

I declare that the purchases I make using this form qualify for exemption from Colorado sales and use taxes as entered above, and that I am the purchaser or have the authority to execute this form on behalf of the purchaser.