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APPLICATION FOR CREDIT & RENTAL AGREEMENT
Confidential Credit Information
TERMS & AGREEMENT
The undersigned Customer and Guarantor in consideration of Sunbelt Rentals of Canada Inc. or any of its subsidiaries and affiliated entities, successors or assigns (“Sunbelt”) extending commercial credit to the Customer based upon the information furnished herein (which is incorporated), warrant and agree that by executing this agreement, including the guarantee below (collectively, the “Agreement”): (a) all purchases/rentals made by Customer from Sunbelt are subject to the terms and conditions contained herein and contained in any Sunbelt Rental Contract(s) signed by Customer from time to time, including the release, indemnification and insurance provisions in sections 8 and 9 (collectively, "Rental Contract"); (b) the Rental Contract terms are made a part of this Agreement and each and every rental/sale of equipment and/or provision of labour furnished to Customer, whether or not Customer executes each Rental Contract; and (c) 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 and 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 pursuant to the Special Economic Measures Act (Canada), and agrees to notify Sunbelt should they become listed in the future. Refer to https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/consolidated-consolide.aspx?lang=eng for information on the lists of persons and parties subject to such restrictions.
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 DUE 30 DAYS FROM INVOICE DATE on all accounts and interest will be charged at 18% per annum on all invoices/contracts not paid when due, from the date such payment was due until payment in full, both before and after judgment at this rate. Any disputed invoices must be brought to the attention of 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 law firm, 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 legal fees on a solicitor and own client basis. Customer will fully indemnify Sunbelt plus all other reasonable expenses incurred by Sunbelt in exercising any of Sunbelt’s rights and remedies. The individual executing this Agreement below for the Customer or as Guarantor warrants that (a) s/he is authorized to do so; (b) the information contained in this Agreement is a true and correct statement of the financial condition of Customer; and (c) a 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 and Guarantor waive 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 enquiries about me/us that 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 and Guarantor 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 calls from time to time showing the insurance required in the Rental Contract to be maintained by Customer.
If the Customer and/or Guarantor is an individual sole proprietor or a partner in a partnership, the undersigned Customer and/or Guarantor consents: (a) to the collection and use of his/her respective personal information (as defined in the Personal Information Protection and Electronic Documents Act (Canada)) for the purpose of assessing their credit worthiness to enter into contracts on credit with Sunbelt prior to the start of any Rental Contract or extension of credit or Sunbelt relying on the guarantee set out below, until I/We have paid my/our obligations in full; (b) that my/our personal information may be disclosed to any affiliated corporation in the Sunbelt corporate family, and to its agents whose assistance is needed to provide the administration or delivery or services to me/us such as financial institutions for payment processing or collection of payments or return of the equipment; (c) acknowledges that some of our personal information may leave Canada and as such may be seen by foreign governments or their agencies; and (d) to Sunbelt (i) investigating my/our credit history and Sunbelt may utilize credit reporting services for information about me/us: and (ii) contacting our bank and any or all of the above references regarding our credit standing.
I/We will jointly and severally indemnify you, and see you paid for your account with respect to any order now or hereafter made by the corporate customer.
I/We further agree to pay your account within your terms of payment following purchase, to pay 18% per annum on overdue accounts and I/We assure full responsibility for any costs incurred, including legal fees or collection of the account on a full solicitor/client indemnity basis.
I/We have read the terms and conditions and Rental Contract and agree to abide by them.
Last Updated April, 2019