C R E D I T   A P P L I C A T I O N  &  A G R E E M E N T
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Credit Terms


GENERAL INFORMATION

Company / Individual Name:

SIC Code:

Billing Address:

City / State:

 , 

Zip:

Shipping Address:

City / State:

 , 

Zip:

Area Code / Telephone:

Area Code / Fax:

Area Code / Cell Phone:

E-Mail Address:

Business Organization:

Individual      Partnership      Corp.

# Years in Business:

      Resale #:

Type of Business:

P.O. Used?:

Yes      No

Credit Requested:

OWNER / PRINCIPAL INFORMATION

1.     Name:

Home Address:

City / State:

 , 

Zip:

Home Phone:

Soc. Sec. #:

2.     Name:

Home Address:

City / State:

 , 

Zip:

Home Phone:

Soc. Sec. #:

FINANCIAL REFERENCE

Name of Bank:

Address of Bank:

City / State:

 , 

Zip:

Account #:

Account Officer:

TRADE REFERENCE

1.     Name:

Address:

City / State:

 , 

Zip:

Area Code / Telephone:

2.     Name:

Address:

City / State:

 , 

Zip:

Area Code / Telephone:

The Customer certifies the above credit information is correct and authorizes and directs the above indicated bank and suppliers to verify said information and give additional requested information to DITCH WITCH OF HOUSTON (hereafter collectively referred to as "CREDITOR") upon request. The Customer hereby applies for an open account with the above company, agrees to be bound to the terms of this agreement and hereby acknowledges receipt thereof.

PERSONAL GUARANTY
The undersigned hereby personally guarantees any indebtedness incurred on the aforesaid account and waives presentment and demand for payment, notice of non-payment, protest and notice of protest, and consents without notice of any extensions of time or increase in the amount of the credit given. This is intended to be a continuing guarantee and shall continue as to all new indebtedness incurred unless and until a written notice is served upon CREDITOR, by Certified Mail-Return Receipt Requested, declaring said personal guarantee shall not apply to future purchases. A signed facsimile copy shall be binding between the parties.

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CREDIT TERMS
The customer requests that CREDITOR, sell, rent, and/or service goods and equipment on account in consideration of which the Customer and CREDITOR agree as follows: The Customer shall pay the full amount of each invoice within thirty (30) days of the invoice date. Customer agrees to pay a service charge on the outstanding balance for which payment has not been received according to terms stated. The service charge shall be 1 1/2% per month of the customer's outstanding past due balance after deducting current payments and credits. Such service charges shall become part of the Customer's outstanding balance. CREDITOR may also terminate credit at any time if it determines itself insecure or the Customer is in default under this agreement. The Customer acknowledges that it has special skill and knowledge in the selection and use of the equipment and material to be purchased or rented from CREDITOR and expressly disclaims any reliance upon any statements or representations made or to be made by CREDITOR regarding the sale or rental of any material or equipment. The Customer also waives any liability upon CREDITOR or any direct, special, or consequential damages that customer may suffer. In the event of damage to any equipment the Customer rents from CREDITOR, the Customer shall be responsible to pay for the repair and replacement of said property or parts to said property at the regular shop rates and parts charges of CREDITOR. In the event any rental equipment is damaged beyond repair, the Customer shall be responsible for the regular market value of the property as determined by similar sales of similar equipment by CREDITOR. In the event the Customer rents any equipment, the Customer shall obtain insurance covering all risk of loss, theft, or damage for the rented equipment and in the event of any such loss, the proceeds of said insurance shall be paid to and are assigned to CREDITOR. If the customer fails to pay pursuant to the terms of this Agreement and CREDITOR elects to take legal action to collect this Account, the Customer shall pay all costs incurred by CREDITOR including, but not limited to, Attorney's fees, court costs, deposition and transcript costs, expert witness fees, sheriff's fees, special process server fees and bond costs. This transaction shall be governed by the law of the State of Illinois and jurisdiction and venue for hearing of any matter in dispute shall be in the State and County of the CREDITOR'S store from which the purchase, rental or service is ordered, or if the CREDITOR elects in any adjacent County. The Customer assigns to CREDITOR as security for any indebtedness incurred or to be incurred to CREDITOR, all of its existing or hereinafter acquired: accounts, accounts receivable, contract rights, chattel paper, equipment inventory and all other assets and the proceeds of any such assets. The Customer appoints any representative of CREDITOR as Customer's attorney-in-fact to sign and recording UCC financing statement to evidence this transaction. The Customer authorizes any of its employees to sign a rental or purchase agreement for such equipment or material and agrees to be bound by all the terms of said agreement. In the event the Customer directs CREDITOR to deliver any equipment or material and the Customer does not have a representative present at the time of delivery, the Customer authorizes CREDITOR to leave the equipment or material at the designated place of delivery. Upon said delivery, the Customer will be responsible for the equipment or material and shall be bound by the terms of CREDITOR's customary written rental or purchase agreement. If the Customer is not a corporation and there is a change in ownership of the Customer's business entity, the principal owners will remain personally liable for any indebtedness incurred on the aforesaid account even if they later incorporate or sell the business, unless the Customer sends a written notice of said change in status by Certified Mail-Return Receipt Requested, upon CREDITOR. Personal liability shall continue for the account balance incurred before said notice is received. Customer agrees to inspect all material and equipment immediately upon delivery to verify: (a) the quantities described in the accompanying delivery ticket are the quantities delivered, and (b) there are no visible defects. The Customer also agrees to examine all delivery tickets and invoices upon receipt. Unless the Customer gives CREDITOR written notice within five (5) days of delivery, the Customer waives any claim he may have against CREDITOR for any determinable deficiency or defect in said delivery or product and any objection he may have to the amount of the invoice. The use of a purchase order is for the convenience of the Customer and absence of a purchase order shall not be a defense to responsibility for a charge unless the Customer does not receive the equipment, parts or service. This agreement supersedes any preprinted terms in any purchase order. The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this Credit Agreement or be a condition precedent or subsequent to the enforcement of this Agreement and that this Agreement may not be modified except by a writing signed by each of the parties. In the event that any provision herein shall be deemed void or unenforceable, that provision shall be deemed stricken form this agreement and the remaining provisions herein shall be binding upon the parties.

I AGREE TO THESE CREDIT TERMS

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6807 W. Little York
Houston, Texas  77040
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