Commercial Credit Application Terms & Conditions (USA)

APPLICATION FOR CREDIT & RENTAL AGREEMENT

Confidential Credit Information

TERMS & AGREEMENT

The undersigned (“Customer”) in consideration of Sunbelt Rentals, Inc. or any of its subsidiaries and affiliated entities, successors or assigns (“Sunbelt”) extending commercial credit based upon the information furnished herein, warrants and agrees that by executing this Agreement: (a) all purchases/rentals made by Customer from Sunbelt are subject to the terms and conditions contained herein; (b) Customer has received, read, understands and accepts all of the terms and conditions of Sunbelt’s rental contract, which are on the reverse side of each and every rental contract, found at https://www.sunbeltrentals.com/about/terms-and-conditions/ and available in writing, upon request, including the release, indemnification and insurance provisions in sections 8 and 9 (“Rental Contract”); (c) the Rental Contract terms are deemed incorporated into and made a part of this Agreement and each and every rental/sale of equipment and/or provision of labor furnished to Customer, whether or not Customer executes each Rental Contract; and (d) any terms in the Customer’s acceptance, purchase order or other documentation that are inconsistent with or in addition to this Agreement (except such additional terms which are required by law) shall be void and of no effect (any use or reference to Customer’s purchase order or purchase order number in any Rental Contract is for Customer’s convenience only). Sunbelt shall deliver equipment in consideration for Customer’s agreement to be bound by the Rental Contract. Customer also confirms that they and/or the persons or companies who will have access to the equipment purchased and/or rented are not listed on the Specially Designated Nationals (“SDN”) List maintained by the Office of Foreign Assets Control, nor any other denied persons list maintained by a U.S. government agency, and agrees to notify Sunbelt should they become listed in the future. Refer to https://www.treas.gov/offices/enforcement/ofac/ for information regarding the SDN list and to https://www.bis.doc.gov for information on other denied parties lists and other U.S. export restrictions.

Customer agrees it may conduct this Agreement with Sunbelt electronically, and that except as otherwise specifically provided herein, an electronic signature on any notice or other communication required or permitted to be given hereunder, or pursuant or relating to any Agreement, shall have the same force and effect as the use of manual signatures; Customer agrees that in the event Customer uses any Sunbelt web site, as a condition of such use, Customer agrees that while on Sunbelt’s web sites and where applicable terms and conditions on Sunbelt web sites so indicate, when Customer clicks a button labeled "I Agree" or "I Accept", or types "I Agree" or "I Accept" in a space marked for such an input by Customer, Customer will be manifesting and authenticating Customer’s agreement to a binding contractual agreement incorporating the terms and provisions for which the button or input area is provided; and in any dispute hereunder, related to the Agreement, or related to Customer’s use of Sunbelt web sites, Customer agrees it will have the burden of proving that (i) any electronic manifestation of assent received by Sunbelt is not attributable to Customer; and (ii) Customer did not have an opportunity to review any electronic terms and conditions posted on the Sunbelt web sites.

In making this Agreement upon which Sunbelt will rely to extend commercial credit, I/We agree to Sunbelt’s terms of payment as follows: NET 30 UPON RECEIPT on all accounts and service charges of 1.5% per month on all invoices/contracts not paid when due or the maximum rate permitted by law, whichever is less. Any disputed invoices must be brought to the attention of the Sunbelt within fifteen (15) days of the receipt or the invoices/contracts are deemed correct and undisputed. At Sunbelt’s discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and the rental equipment picked up without notice. If collection of amounts due requires the assistance of a collection agency or attorneys, suit is brought hereon, or it is enforced through any judicial proceeding whatsoever, I/We agree (a) that Sunbelt reserves the right to bring legal action in whatever jurisdiction Sunbelt deems necessary, whose laws, at the option of Sunbelt, shall govern this Agreement, and (b) to pay all costs and expenses of collection, including but not limited to, reasonable attorney’s fees, not exceeding a sum equal to fifteen percent (15%) of the outstanding balance owing, plus all other reasonable expenses incurred by Sunbelt in exercising any of Sunbelt’s rights and remedies.

The individual executing this Agreement below warrants that (i) s/he is authorized to do so; (ii) the information contained in this Agreement is a true and correct statement of the financial condition of Customer; and (iii) a photo or facsimile copy of this Agreement shall be valid as the original. If any part of this Agreement is held unenforceable, the remainder of this Agreement shall not be affected thereby. Customer waives the right to a jury trial of any or all claims or disputes which may arise from this Agreement. I/We authorize Sunbelt to make whatever credit inquiries it deems necessary in connection with this Agreement. Bank and trade reference(s) can accept this authorization to disclose to Sunbelt and/or their respective designees (and any assignee or potential assignee thereof), Customer information normally released to a prospective creditor including: length of time account has been active, average monthly balances, how the account has been handled, and details of any lending relationship. I/We authorize Sunbelt to contact our insurance company and authorize the insurance company to issue insurance certificate(s) when Sunbelt’s calls from time to time showing the insurance required in the Rental Contract to be maintained by Customer.

Last Updated June, 2016

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