ACCOUNT AGREEMENT AND TERMS
The company submitting this application (the ŇUndersigned”) acknowledges and agrees to the following:
1. This Account Agreement And Terms (Agreement supercedes, with respect to rentals made subsequent to the acceptance of this application by Peter A. Drobach Co. ('PAD), any prior
Account Agreement and Terms governing the extension of credit by PAD to the Undersigned. Rentals by PAD to the Undersigned made subsequent to the acceptance of this application by
PAD shall be governed by the Rental Contract pertaining to
such rental and by this Agreement. in the event that any provisions of the Rental Contract shall conflict with any provision of this Agreement, the Rental Contract shall control.
2. The acceptance of this application shall not create any obligation on the part of PAD to rent equipment to the undersigned or to extend credit to
the undersigned in connection with any such rental.
3. It is understood and agreed that the undersigned specifically consents to PAD investigating the undersigned's credit history and the Information provided on this application,
for the purpose of extending credit.
4. If credit is extended, the undersigned acknowledges that PAD's credit terms are payment in full net ten (10) days from the date of invoice.
5. In the event the undersigned fails to timely pay any invoice, the undersigned agrees to pay a late fee to PAD on such delinquent invoice until same
is fully paid,at the rate of 1.5% per month or maximum rate allowed by the laws of the jurisdiction where the originating PAD branch stated on the invoice is located, whichever is less.
6. The undersigned agrees that,with or without notice or demand, the undersigned shall reimburse PAD, for all expenses (including counsel fees) incurred
by PAD in connection with any indebtedness of the applicant or the collection thereof.
7. The undersigned agrees fully and promptly to furnish to PAD information needed or requested by PAD for proper filling out and
service of preliminary notices under the mechanic's lien laws.
8. This agreement shall be governed and construed by the laws of the STATE of NEW JERSEY. Customer consents to jurisdiction in the State and United States District Court, for
resolution of all Collections. If any provision or any part of any provision of this Agreement or the application thereof is held invalid or unenforceable, the remainder of this Agreement shall
not be affected thereby and to this end the provisions of this Agreement are declared severable.
9. If the equipment rented hereunder is used in the construction of a particular private or public work of improvement, the undersigned agrees that all monies owed to or received by the
undersigned in connection with such work or works of improvements shall be held by undersigned in trust for the benefit of PAD, shall be segregated from other monies of the undersigned,
and shall be used only to pay PAD, to the extent that such monies are attributable to the equipment rented hereunder until PAD has been paid in full for such rentals.
10. The undersigned recognizes that it may from time to time be owed money by PAD due to contracts or transactions between the undersigned and PAD which are separate and distinct for
the rentals contemplated by this Credit Application and Agreement. PAD shall have the right to withhold from the undersigned any monies owed by PAD to the undersigned in connection
with any such other contracts or transactions and to offset the same against any sums owed by the undersigned to PAD in such amounts as may be deemed by PAD to be reasonably necessary
to cover such indebtedness of the undersigned. So long as this right of withhold and offset is carried out in good faith, the undersigned hereby waives any claims against PAD for any
consequential damages coming from such withhold and offset even if it is later determined that the withhold and offset was improper.
11. THE UNDERSIGNED HEREBY WAIVES THE RIGHT TO A JURY TRIAL OF ANY OR ALL CLAIMS OR DISPUTES WHICH MAY ARISE AFTER ACCEPTANCE OF THIS
APPLICATION BY PAD IN CONNECTION WITH THIS AGREEMENT OR ANY RENTAL CONTRACT BETWEEN THE UNDERSIGNED AND PAD.
12. The terms of this Agreement may be revised or supplemented from time to time by PAD sending the Undersigned notice of such changes. It will be presumed that the Undersigned has
received any such notice mailed to the Undersigned at the address shown on this Application or otherwise provided to PAD.
The Undersigned's making a rental from PAD using credit after the effective date of such changes will constitute the Undersigned's acceptance of such changes.
13. The undersigned agrees to promptly notify PAD in writing of any change in the undersigned's business ownership/form or structure. If the undersigned fails to promptly notify PAD of
such change, then the undersigned expressly assumes full responsibility for all charges and/or credit extensions made on this account subsequent to such change.
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Name (please print) Title Signature Date
The undersigned individual who is either a principal of the credit applicant or a sole proprietor of the credit applicant, recognizing that his or her individual credit history may be a factor in the
evaluation of the credit history of the applicant, hereby consents to and authorizes the use of a consumer credit report
on the undersigned by PAD, from time to time as may be needed, in the credit evaluation process.
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Name (please print) Title Signature Date
GUARANTY
In consideration of the extension of credit to the applicant named herein, the undersigned. jointly, severally and unconditionally guarantee and promise to pay oil amounts now owing or which
may hereinafter become owing by the applicant to Peter A. Drobach Co. (PAD). This is a continuing guaranty and obligations arising hereunder shall not be affected by any change in terms of
indebtedness, the extension of credit beyond amounts specified herein, a change in the term or time for payment, a change in the form of Indebtedness or the acceptance of security or
collateral. PAD shall not be required to exhaust any remedies against applicant prior to exercising rights granted hereby.
The undersigned hereby waives (a) notice of acceptance of this guaranty and of extensions of credit by PAD to the applicant; (b) presentment and demand for paying of any indebtedness of
the applicant, (c) protest and notice at dishonor or default to the undersigned with respect to any indebtedness of the applicant, (d) all other notices to which the undersigned might otherwise
be entitled; (e) any demand for payment under this guaranty; (f) benefit of all exemptions and homestead laws,, (g) all set-offs and counterclaims.
This is a guaranty of payment and not of collection and the undersigned further waives any right to require that any action be brought against the applicant or any other person or to require that
resort be had to any security.
The undersigned agrees that, with or without notice or demand, the undersigned shall reimburse PAD, to the extent that such reimbursement is not made by the applicant, for all expenses
(including counsel fees) incurred by PAD in connection with any indebtedness of the applicant or the collection thereof, and will pay attorneys' fees if this guaranty is placed with an attorney
for enforcement or collection from the undersigned.
The undersigned personal guarantor, recognizing that his or her lndividual credit history may be a necessary factor in the evalutaion of this personal guarantee, hereby consents to and authorizes the use of a
consumer credit report on the undersigned by PAD, from fime to fime as may be needed, In the credt evaluation process.
If any provision or part of any provision of this guaranty is in conflict with any applicable statute or rule of law then such provision, or part thereof, as the case may be. shall be deemed null
and void to the extent that it may conflict therewith, but without Invalidating the remaining provisions hereof or the remaining part of such.
.
THE UNDERSIGNED HEREBY WAIVES THE RIGHT TO A JURY TRIAL OF ANY OR ALL CLAIMS OR DISPUTES WHICH MAY ARISE IN CONNECTION WITH THIS GUARANTY
The undersigned further acknowledge and represent that any titles written near their signatures below is/are merely intended to clarify the individual's position with the customer and in no way
is Intended to limit or cancel the personal nature of this guarantee.
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Name
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Social
Security No.
Name
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Social Security No.
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Signature Date Signature Date
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Witness Date Witness Date
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