Downs Energy Credit Application

Electronic Invoicing (Email) and payments via Electronic Funds Transfer (EFT) are required in order to establish an account.

Business is a:*

Name:*

First NameLast Name

Company Name:*

Billing Address:*

Street Address

CityState

Postal / Zip Code

Delivery Address:*

Same as Billing AddressAdd a Delivery Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Phone Number:*

Area CodePhone Number

Email Address:*

example@example.com

Fax Number:

Area CodePhone Number

Who is your Downs Energy sales representative?*

How did you hear about Downs Energy?

Business is a:

Legal Name:*

First NameLast Name

Position:*

Social Security #:*

Driver License #:*

Driver License State:*

Home Address:*

Primary Phone Number:

Area CodePhone Number

Tax ID#:

SIC Code:

NAISC Code:

D&B#:

Formation/ Incorporation Date:

Date

Formation/ Incorporation State:

Accounts Payable Contact:*

Accounts Payable Email:*

example@example.com

Have you ever been sued by or been in default to a vendor?*

YesNo

Have you ever been sued by or been in default to a vendor?*

YesNo

If products are for resale, please provide resale #:

Initial Credit Limit Requested:*

Legal Name:*

First NameLast Name

Position:*

Social Security #:*

Driver License #:*

Driver License State:*

Home Address:*

Primary/ Cell Phone Number:

Area CodePhone Number

For the purpose of securing credit from you, I hereby release the above personal information to Downs Energy, and authorize Downs Energy's use of all credit resources necessary to determine the worthiness of the above listed company, including my own credit information.

LEGAL OWNER SIGNATURE:*

Printed Name:*

For the purpose of securing credit from you, I hereby release the above personal information to Downs Energy, and authorize Downs Energy’s use of all credit resources necessary to determine the worthiness of the above listed company, including my own credit information.

LEGAL OWNER OR OFFICER SIGNATURE:*

Printed Name:*

Company Name:

Address:

Phone Number:

Area CodePhone Number

Company Name:

Address:

Phone Number:

Area CodePhone Number

Company Name:

Address:

Contact Person:

Phone:

Fax:

Acct. No.:

Company Name

Address

Contact Person

Phone

Fax

Acct. No.

Company Name

Address

Contact Person

Phone

Fax

Acct. No.

Customer Name*

Customer Name* (Customer) hereby authorizes Downs Energy, to initiate debit entries to its Checking Account* at the depository financial institution named below, hereinafter called Depository, and to debit the same to such account. Customer acknowledges that the origination of EFT transactions to its account must comply with the provisions of U.S. Law.

Specify which account you authorize Downs Energy to initiate debit entries from:*

Checking AccountSavings Account

Depository Name:*

Branch:*

City:*

State:*

Routing Number:*

Account Number:*

This authorization is to remain in full force and effect until Downs Energy has received written notification of its termination in such time and in such manner as to afford Downs Energy and Depository a reasonable opportunity to act on it.

Signature:*

Printed Name:*

Title:*

Date:*

Date

TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE
The Customer fully understands and agrees to comply with the following terms and conditions of this Agreement.
1. Customer acknowledges that this is a commercial account and does not constitute a consumer account.
2. DEFAULT AGREEMENT TO PAY. Customer agrees to pay for products and/or services received from Downs Energy.
Should the Customer default on any obligation to Downs Energy, the Customer agrees as follows: (1) to pay all principal due; (2) to pay a late charge on all principal that remains unpaid past the due date at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law in the event a Court should determine that this late charge is excessive or otherwise unenforceable; (3) to pay all attorneys’ fees and costs of collection, including but not limited to attorneys’ fees incurred in preparing and transmitting demand letters and other pre-litigation services, as well as litigation itself; (4) to forfeit any and all volume discounts; and (5) that this Agreement is executed and to be performed in Riverside County, and therefore any litigation to enforce the terms of this Agreement will be filed in Riverside County. In the event there is a conflict between the terms of this Agreement and the terms of any subsequent written agreement between the parties, including a Downs Energy invoice or Downs Energy statement provided to Customer, the Customer agrees to be bound by the terms of the subsequent document setting forth the monetary obligation of Customer. In the event of any conflict between the terms of Customer’s purchase orders, this Agreement, and any Downs Energy invoice or Downs Energy statement, Customer agrees that the terms of the Downs Energy document corresponding to the Customer’s purchase order will prevail (i.e., the terms of the Downs Energy invoice and/or statement pertaining to delivery of the goods referenced in the purchase order will prevail over any conflicting terms contained in the purchase order).
3. TERMS. Unless otherwise agreed to in writing by Downs Energy, the undersigned Customer agrees to the following terms for all credit transactions: NET 10 DAYS FROM THE DATE OF THE INVOICE FOR CARDLOCK PURCHASES AND BULK FUEL DELIVERIES. NET 30 DAYS FROM THE DATE OF THE INVOICE FOR OIL, LUBES, GREASE AND ACCESSORIES.
4. TAXES. Customer agrees to pay any and all applicable sales, excise and use taxes. Customer agrees to provide Downs Energy with any and all certificates that may allow Customer to be exempt from certain State and/or Federal sales, excise and use taxes.
5. CREDIT SUSPENSION. Downs Energy reserves the right to suspend any and all of Customer’s credit privileges without notice in the event that the terms and conditions are not met or kept by Customer as set forth herein.
6. CREDIT REPORTING. In the event that any payments on Customer’s account become delinquent, Downs Energy, its servicers, successors or assigns, in addition to any other rights and remedies that it may have relating to such delinquency, may report Customer’s name and account information to one or more credit reporting agencies.
7. NON SUFFICIENT FUNDS. There will be a $50 charge by Downs Energy for any EFT’s presented and returned unpaid.
8. CREDIT LINE. Downs Energy, at its sole option and discretion, may increase or decrease the customer’s credit limit, without notice.

Initial*

9. DISCLAIMER. Downs Energy reserves the right to photograph, videotape, and voice record Customer, Customer’s Agents, and Customer’s equipment utilizing any site that accepts a Downs Energy fleet card for the purpose of surveillance, advertising or any other activity deemed appropriate by Downs Energy.

Initial*

10. RECEIPT OF DELIVERY. Customer authorizes Downs Energy to make requested and scheduled deliveries of its products whether or not Customer or Customer’s representatives are present to sign the delivery invoice. Customer agrees to pay for all such delivered products under the terms and conditions more fully set forth herein.
11. NO LIMITATION OF LIABILITY. Customer understands that liability will extend to the full amount of the debt owed regardless of the credit limit set by Downs Energy.
12. LAW. California law governs the terms and conditions set forth herein. The Customer, by signing this Agreement, agrees to the terms and conditions of this Agreement without exception.
13. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO CARDLOCK CUSTOMERS ONLY. In consideration of the utilization of Downs Energy access card(s), Customer and Downs Energy have entered into the following agreement (“Card Agreement”):
I. Standard billing frequency for cardlock purchases is three times per month as follows: 1st through 10th, 11th through 20th, 21st through the end of the month.
II. Customer and its agents agree to follow all posted instructions for the fueling of vehicles and will comply with all safety procedures.
III. Customer hereby accepts the obligation and the responsibility for payment for all fuel registered through the Downs Energy account number(s) assigned to Customer from Downs Energy. Customer will immediately notify Downs Energy upon determination that a Downs Energy card has been lost or stolen. Notice may be given orally but must be confirmed in writing within 24 hours of first notice. Customer agrees to pay for all products registered through the reported Downs Energy cards until Downs Energy receives such written notice.

Initial*

IV. If a Downs Energy account is invalidated upon Customer’s request, Customer must make written application to reinstate such a card or account. Downs Energy reserves the right to refuse to reinstate any Downs Energy card or account. No invalidated card or account may be reinstated unless all monies owed are paid including all charges and fees.
V. The Card Agreement may be cancelled upon 24-hours written notice by Downs Energy or Customer. Should Customer cancel the Downs Energy account, all monies due must be paid within ten (10) calendar days of such cancellation. Upon notice of such cancellation, Customer will return all Downs Energy cards to Downs Energy.
VI. Customer understands and agrees that its right to use the cards provided by Downs Energy may not be assigned.
VII. It is understood and agreed that all Downs Energy cards issued to Customer are the sole property of Downs Energy and must be surrendered upon demand.
VIII. It is understood and agreed that all Downs Energy cards issued to Customer are issued solely for the business of Customer, as an accommodation to Customer.
IX. Written notice as required in this Card Agreement will be deemed received by Downs Energy if (1) by facsimile transmission or email, during Downs Energy normal business hours; subject to written confirmation of receipt from Downs Energy; (2) by overnight courier, on the next business day of deposit with courier; and (3) by U.S. Post Office certified, return receipt mail, on date of the signed return receipt.
X. Customer accepts any and all liability arising or resulting from or related to the use, misuse, unauthorized use, loss or theft or any Downs Energy card resulting in access to a Downs Energy facility (maintained and operated by Downs Energy) or other facility that accepts a Downs Energy card (operated by others) on any affiliated fueling network. Customer understands that the rights conferred herein allow Customer access to purchase products.
XI. Customer also agrees to examine immediately upon receipt, each of Downs Energy’s statements, and to advise Downs Energy of any disputed transactions or statements within ten (10) days of receipt, together with a written statement specifying the reasons for such dispute. Customer shall not be authorized to withhold or delay payment of any invoice on the grounds that a dispute exists. Failure to notify Downs Energy of any dispute with respect to defective goods or billing shall constitute a waiver of all such disputes.
XII. CARDLOCK POSTED PRICE DISCLAIMER
The prices posted (and/or on a printed receipt) at any facility that accepts a Downs Energy card may not be the final sales price. Your price is negotiated between you (the applying company) and Downs Energy.
XIII. Customer acknowledges that any card issued to customer is not a credit card, but merely a means of obtaining access to fuel dispensed through a cardlock facility. State and Federal protections applicable to credit cards are not applicable to cardlock/fuel cards.

8. CREDIT LINE. Downs Energy, at its sole option *

Initial

9. DISCLAIMER. Downs Energy reserves the right to photograph, videotape.*

Initial

Initial*

AUTHORIZED SIGNATORY

The person signing has authority and capacity to sign on behalf of Customer. Signing this agreement indicates your acceptance of the terms and conditions as stated in this credit application. In addition, you authorize Downs Energy to make any and all inquiries necessary to process this credit application. You further agree to notify our office in writing of any material change in ownership or entity status and agree to provide an updated credit application at Downs Energy’s request.

Signature:*

Printed Authorized Signatory Name:*

Title:*

Date:*

Date

PERSONAL GUARANTY

The Signatory, who is the Owner listed on the credit application (“Guarantor”), personally guarantees all debts owed to Downs Energy for the above Customer (“Guaranty”). In consideration for the extension of any terms for payment of goods and services purchased by Customer from Downs Energy, the Guarantor agrees: (1) Guarantor will act as a personal guarantor to Downs Energy, and guarantee prompt payment of any and all obligations now or hereafter owed by Customer to Downs Energy, agreeing to make payment to Downs Energy of all sums, including, but not limited to, late charges and attorneys’ fees unpaid to Downs Energy by Customer upon the Customer’s default on any obligation to Downs Energy and/or any filing of bankruptcy by Customer; (2) liability will accrue under the Guaranty without notice to the undersigned; (3) Guarantor waives any and all rights to notice of action or inaction by Downs Energy on any obligation owed by Customer; (4) Guarantor waives any right to insist that Downs Energy first seek recovery against the Customer, or to pursue any other remedy, or seek recovery against any property owned by Customer, prior to demanding payment upon and enforcing payment pursuant to the Guaranty (5) that Downs Energy will have no duty to advise Guarantor or any modifications of terms to Customer or to advise Guarantor of any information regarding Customer’s financial condition; (6) the Guarantor agrees not to assert any claim that Guarantor may now or later have against Customer for any payment or transfer that Guarantor is obligated to make to Downs Energy under this Guaranty; (7) that Guarantor waives all subrogation or recovery rights; (8) that this Guaranty may not be revoked or rescinded if any balance remains owed and outstanding to Downs Energy from Customer; (9) that Guarantor will pay all attorneys’ fees and costs incurred in enforcing this Guaranty;(10) that any married Guarantor who signed this Guaranty hereby expressly agrees that recourse maybe had against Guarantor’s separate property for all obligations and liabilities hereunder. Without in any manner limiting the generality of the foregoing, Guarantor hereby waives the benefits of the provision of Section 2809, 2810, 2845, 2850 and 2855 of the California Civil Code, Sections 580a, 580b and 580d of the California Code of Civil Procedure and any similar or analogous statutes of this or any other jurisdiction. The undersigned individual Guarantor, recognizing that his/her individual credit history may be a factor in the evaluation of the credit of the Customer, hereby consent to and authorize Downs Energy, its nominees and assigns, to obtain and use a consumer credit report on the undersigned, now and from time to time, as may be needed in the credit evaluation and review process and waives any right or claim he/she would otherwise have under the Fair Credit Reporting Act in the absence of this continuing consent.

Signature:

Printed Authorized Signatory Name:

Date:

Initial:

Signature:*

Printed Authorized Signatory Name:*

Date:*

Initial:*

CREDIT APPLICATION

COMPANY INFORMATION

LEGAL & FINANCIAL INFORMATION

OWNER OR OFFICER INFORMATION

FUEL OR LUBRICANT SUPPLIER REFERENCE

CREDIT REFERENCE

EFT Authorization