Hazmat/Commercial Credit Application

All Credit Granted is Under the Following Terms, Representations & Agreements

1. Capacity to Make Application. If the applicant is a corporation, the person signing this application on behalf of the applicant warrants that he is authorized to do so.

2. Authority to Verify Information. The applicant authorizes by the affixed signature below, the representatives of any of the companies to which the applicant is addressed to contacted any of the references given on the front side of this application and further authorizes each of those references to disclose to any of the companies to which the application is addressed any and all information the references may have relating to the applicant.

3. No obligation to Extend Credit. The execution of this application does not obligate any of the companies to which it is addressed to sell any goods or services to the applicant. The decision to extend credit to sell goods or service to the applicant will be made by the companies to which the application is addressed after reviewing this application and making whatever independent investigation of the applicant’s credit history is felt necessary. If credit is granted, the terms are Net 30 days. Any applicant not within terms, the company may revoke privileges and place the applicant on a C.O.D. basis.

4. Individual Liability if Applicant Incorporates. If the applicant is not a corporation at the time this application, and subsequently incorporates, with or without the knowledge of the companies to which the application is addressed, the applicant agrees to be jointly and severally liable to any of the companies to which the applicant is addressed for any indebtedness incurred by or transferred to such corporation.

5. Personal Guarantee. In consideration of credit being extended by Freehold Cartage, Inc. and or it’s affiliates. Named applicant for merchandise and or service to be purchased whether applicant is an individual or individuals, a proprietorship, a partnership, a corporation, or other entity, the undersigned hereby contract and guarantee payment, by affixing a signature to this document.

6. Damages. The companies to which the application is addressed shall not be liable for any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or income or any other incidental damages resulting from any direct or indirect accident of an employee of the company to which the application is addressed, or for late delivery of parts or service or equipment ordered by the applicant or their failure to render promised services in a timely and efficient manner.

7. Disputes. If the applicant asserts that goods or services have failed to be delivered or performed in a proper manner, or that any of the companies charges are excessive or improper, the customer shall notify the company which this application is made, in writing, within ten (10) working days to obtain assistance in reaching an equitable settlement with company the application is made. The company to which the application is being made agrees to exercise all reasonable and diligent good faith efforts to assist the applicant in resolving any disputes. However the applicant agrees to pay in full any and all invoices when due regardless of any such disputes.

8. Service Charges on Past due Accounts. Upon the expiration of 30 days from the date of any unpaid invoice. Any of the companies to which the application is addressed shall have the right to accrue a monthly finance charge to any past due balance at whatever rate is then being assessed on past due balances by the companies to which the application is addressed. Finance charges will accrue monthly on the unpaid balance until paid in full. Applicant agrees to pay a $25.00 fee for any check returned by applicants banking institution, for any reason.

9. Attorney’s Fees. If the applicant’s account with any of the companies to which the application is addressed becomes past due and the company to which the account is due engages the services of an attorney, or collection agency, who is not any employee of that company, to collect the account, the applicant shall pay to the company’s attorney an attorney’s fee and or collection fee equal to twenty five percent (25%) of the amount due, whether or not litigation is commenced.

10. New Jersey Law, Jurisdiction and Venue. This agreement shall be interpreted under and governed by the law of the State of New Jersey. The applicant hereby submits to the jurisdiction of the New Jersey courts, and waives any right it may have to defense that any New Jersey court in which companies may bring suite lacks venue over the applicant.

11. The applicant believes that their firm is financially able to meet any commitment they have made, and we expect to pay Freehold Cartage. Inc. and its affiliates, invoices according to credit terms set forth in this agreement.

12. Applicant’s signature attests to the financial responsibility and willingness to pay all invoices within thirty days from the date of invoice.

13. You are entitled to a completely filled in copy of this agreement. Any part of this agreement you do not wish to agree with please cross it off and initial it. Keep a copy of this document to protect your legal rights. Applicant has read and agrees to all terms and conditions set forth in this document