Bussiness Bank Information
I certify that I am the person named above and that the foregoing is true and correct. As a principal of ............................................... I authorize and request The Companies to consider my personal credit in conjunction with this application for my company's account.
SIGNATURE:
BUYER AGREES THAT ALL PURCHASES FROM AMERICA'S ENERGY, INC. (AEI) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
Total Energy Solutions Inc. ("TES") and:
(the "Customer"), enter into this "Agreement" on: ____. Customer agrees to pay TES the full invoice price according to the invoice terms of all products and deliveries purchased from TES by Customer and Customer's employees and agents for or on behalf of Customer. Customer agrees to pay all charges within 7 days of the due date of the invoice(s) delivered to Customer by TES. If payment is not paid by Customer within 7 days of invoice due date, Customer agrees to pay TES a service charge of 2% per month on the unpaid balance. The 2% service charge is not interest on a loan or a finance charge, but a service charge for Customer's failure to timely pay for goods and services received from TES. All payments made by Customer will be applied first to TES's fees and costs incurred to collect, if any, then to the accrued service charges on Customer's account, if any, and then to the outstanding principal balance of Customer's account.
TES may cease extension of credit to Customer at any time for any reason solely and without notice to Customer. TES may, at its sole option, refuse to permit charges to be incurred on Customer's account. Delivery of goods and services to the Customer's facilities, equipment, or trucks may be made without obtaining signatures upon delivery. TES delivery times are TES's "best efforts" only, TES does not guarantee exact delivery times. TES is not liable or responsible to Customer for any claims or damages whatsoever for failure(s) to deliver at certain times. Customer agrees to completely indemnify TES for claims made by third parties for any claims for failure(s) to deliver at certain times. The Customer agrees to pay TES's attorney's fees and costs incurred in collecting unpaid and past due amounts owed to TES, even if TES's attorney fees and costs significantly exceed the unpaid and past due amounts owed to TES.
Customer warrants that the information provided is accurate and TES may rely on information provided by Customer in granting credit. By signing this Agreement, Customer authorizes TES to obtain consumer credit reports and investigate Customer's creditworthiness. This Agreement is agreed to and entered into in Maricopa County, Arizona and is governed exclusively by the laws of the State of Arizona. The courts located in Maricopa County Arizona exercise exclusive jurisdiction over and are the exclusive venue for any disputes arising out of this Agreement. This Agreement is the entire agreement between Customer and TES. The Customer's Electronic Funds Transfer Authorization and Agreement is part of this Agreement and is incorporated herein by this reference. This Agreement may only be amended, changed, or modified by a written agreement signed by Customer and TES. This Agreement may be executed by electronic means and in counterparts, all of which are deemed to be originals.
Customer Signature:
To induce TES to extend credit to Customer, each of the undersigned (individually a "Guarantor" and collectively the "Guarantors"), jointly and severally, individually, and collectively personally guarantee(s) payment to TES, when due, of every claim (including but not limited to service charges, reasonable attorney's fees and costs) of TES against the Customer (the "Guarantee"). This Guarantee insures to TES and its assigns and successors in interest, the Guarantor's payment of all amounts owed by Customer to TES, including amounts that exceed any previously stated credit limit, and any costs and fees incurred by TES to collect amounts owed by Customer. Guarantor(s) understand and agree that TES and Customer may modify Customer's payment terms and credit limit without notice to Guarantor(s).
If Guarantor(s) are married, Guarantor(s) spouse must sign this Guarantee or a copy thereof. If there is no spousal signature, the lack of a spousal signature is a representation by Guarantor(s) that Guarantor(s) is or are not married. This Guarantee is continuing and may not be revoked without express written consent of TES. This Guarantee remains in full force and effect if the Customer files for bankruptcy protection, or in any court proceeding an order or judgement is entered compelling TES to return or refund any amount of payment made with respect to the claims. Further the Guarantor(s) waive any and all right to subrogation against the Customer for monies paid to TES under this Agreement or any other agreement binding the undersigned or the Customer. This Guarantee is entered into and governed by the laws of the State of Arizona, exclusive jurisdiction and venue for enforcement of this Guarantee is the courts in Maricopa County, Arizona. Guarantor agrees to pay TES's attorney's fees and costs incurred in collecting unpaid and past due amounts owed to TES under this Guarantee, even if TES's attorney fees and costs significantly exceed the unpaid and past due amounts owed to TES.
Guarantor's Signature:
Customer hereby authorizes Total Energy Solutions Inc and/or its subsidiaries to initiate credit/debit entries to Customer's Bank account indicated for goods & services provided by Customer. Customer further certifies the information set forth is correct and that they have contacted and authorized the named Bank to accept such credit entries from Total Energy Solutions Inc and/or its subsidiaries. This authority shall remain in full force and effect until Total Energy Solutions Inc and/or its subsidiaries has received written notice from Customer of its change or termination in such a manner as to afford Total Energy Solutions Inc and/or its subsidiaries and the Bank a reasonable opportunity to act on it. Customer understands that this Electronic Funds Transfer service is governed by the rules of The Automated Clearing House and that Total Energy Solutions Inc and/or its subsidiaries can terminate or modify it at any time.
