Open an account online at www.petra.com/application RAPID RESPONSE PROGRAM CREDIT APPLICATION, Page 2 TO TAKE ADVANTAGE OF PETRA’S RAPID RESPONSE PROGRAM, PLEASE COMPLETE ALL FIELDS. The preceding information is for the purpose of obtaining credit and is warranted to be accurate and complete. Customer hereby authorizes Petra to investigate all references and customary credit information sources, including consumer credit reporting services, regarding Customer's credit and financial responsibility for the purpose of obtaining credit and for periodic review for the purpose of maintaining the credit relationship. Petra reserves the right to decline credit to any Customer. In the event credit is extended to Customer, Petra reserves the right thereafter to change or revoke such credit for any reason, including but not limited to, credit policy changes by Petra, Customer's financial condition, Customer's payment record and/or Customer's utilization of such credit limit. In addition to Petra's Standard Terms & Conditions (found at www.petra.com/terms), Customer agrees to the following: CREDIT POLICY: Statements are rendered as of the last day of the month and will be sent electronically to the Statement Email Address indicated on Customer's Account Profile. If Customer would like to receive these documents in hard copy, a member of Petra's Credit Team may be contacted. COD restrictions may be placed on any past-due account. CREDIT TERMS: All net account invoices are due thirty (30) days from invoice date. A service charge of one and one half percent (1.5%) per month, or the highest legal rate, whichever is less, may be assessed on delinquent invoices. Should Customer default in any such payment(s), Petra shall have the right to declare all invoice amounts due and payable without notice. VENUE: All invoices are payable to Petra Industries, LLC. at P.O. Box 960130, Oklahoma City, OK 73196-0130. This agreement is governed by Oklahoma law. ANY LEGAL PROCEEDING WITH RESPECT TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN THE DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA OR THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA. CHANGE OF OWNERSHIP: Customer understands that Petra must be notified in writing and addressed to Petra's Credit Department or delivered via electronic mail to credit@petra.com, of any change in ownership or the name of the business under which credit is established. Customer agrees that any change in liability for any debts incurred to Petra due to a change in Customer's business process or form, shall not be effective as to Petra until Petra receives actual notice of said change in writing. In the event of default, and if this account is turned over to an agency, attorney and/or other third party for collection, Customer agrees to pay all reasonable attorneys’ fees, and/or costs of collection, whether or not suit is filed. Collection expenses shall be calculated at ten percent (10%) of the total amount due plus any applicable attorney’s fees. Customer understands these terms are in addition to Petra’s Standard Sales Terms and Conditions (found at www.petra.com/terms), and if applicable, those drop-ship fulfillment terms and conditions found in Petra’s Fulfillment Services Agreement (available upon request). Any variance in either Petra’s Standard Sales Terms and Conditions or Petra’s Fulfillment Services Agreement shall only be effective if agreed to by parties in writing prior to the time of sale. Customer acknowledges and agrees that Petra may send Customer marketing and business communications from time to time via various means, including email. Customer certifies that this request is for the extension of credit for business purposes only and not for the extension of credit for personal, family or household purposes. CUSTOMER’S SIGNATURE ATTESTS FINANCIAL RESPONSIBILITY, ABILITY AND WILLINGNESS TO PAY IN ACCORDANCE WITH ABOVE TERMS: Firm Name: Authorized Signature (Owner, Partner or Corporate Officer) Print Name Title Date Authorized Signature (Owner, Partner or Corporate Officer) Print Name Title Date CONSENT TO OBTAIN CONSUMER CREDIT REPORT The undersigned Customer, who is either the principal or the sole proprietor of the Customer, recognizing that its credit history may be a factor in the evaluation of the credit history of the Customer, hereby consents to and authorizes the use of a consumer credit report on the undersigned by the above named business credit grantor, from time to time as may be needed, in the credit evaluation process. Sign Name Print Name Date PERSONAL GUARANTY For valuable consideration, the receipt of which is acknowledged, including, but not limited to, the extension of credit by Petra to _______________________(Company name), the Guarantor, individually, jointly and severally, unconditionally guarantee(s) to Petra the full and prompt payment by ___________________________(Guarantor's name), of all obligations which Guarantor presently or hereafter may have to Petra. Guarantor shall pay all attorneys’ fees, court costs, and other expenses incurred in enforcing this Guaranty, whether or not suit is filed. Guarantor’s obligations shall not be released or affected by any renewal, extension, or modification of the terms of the obligations guaranteed or any forbearance or compromise. This is a continuing Guaranty and shall remain in full force until Guarantor delivers to Petra written notice of revocation as to indebtedness incurred subsequent to such delivery. Revocation shall not affect any obligations hereunder with respect to indebtedness incurred. Notice of acceptance of this guaranty and diligence, presentment, demand, protest and notice of any kind and all defenses are waived. The Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of this personal guarantee, hereby consents to and authorizes the use of a consumer credit report on the undersigned, by the above named business credit grantor, from time to time as may be needed, in the evaluation process. Sign Name Print Name SSN Date Personal Address Phone Email Sign Name Print Name SSN Date Personal Address Phone Email The Federal Equal Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with law concerning this credit is the Federal Trade Commission, Division of Credit Practices, 6th and Pennsylvania Ave. NW, Washington, D.C. 20580. Petra will store this information securely as is consistent with state and federal law. Phone: 1-866-719-6292 • Fax: 1-866-604-7288 • www.petra.com
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