David K. Straight - Page 7

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               When a customer submitted a purchase order and full payment            
          (including for shipping), Eagle ordered the house kit from                  
          Timberline.  Ninety percent of Eagle's expenses occurred from 30            
          days before an order was placed to 30 days after Timberline                 
          delivered the house kit to the customer.  Timberline usually                
          delivered the house kit 4 to 6 weeks after a customer placed an             
          order.                                                                      
                    c.   Extension of Purchase Agreements and Refunds of              
                         Deposits                                                     
               Eagle's business practices differed from the purchase                  
          agreement in two ways, primarily to retain goodwill from                    
          potential customers.  First, Eagle refunded about $136,000 in               
          front and back deposits from 1988 to 1992.  Second, if Eagle did            
          not receive full payment in 75 days, Eagle issued a change order            
          in which Eagle agreed to apply the payments to a purchase of a              
          panelized house during the next 7 years.  If a customer placed an           
          order for a panelized house kit under a 7-year change order,                
          Eagle charged the customer the retail price prevailing when the             
          order was placed.                                                           
               4.   Eagle's Payments to Timberline                                    
               Timberline billed Eagle for house kits and was paid when the           
          customer paid Eagle.                                                        
               Ninety percent of Eagle's house sales were financed by                 
          letters of credit.  When a customer financed a sale by a letter             







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Last modified: May 25, 2011