Credit Agreement & Terms of Sale

The applying customer, and its parents, subsidiaries, successors and assigns (“Customer”), agrees to the terms of sale herein and as they may be stated, modified or amended on invoices from Ballard Mack Sales & Service, Inc. (“Ballard Truck Center”) to Customer.

Credit shall at all times be limited to such amounts as Ballard Truck Center shall, in its sole discretion, determine, including providing no credit. The Customer shall be responsible for all charges incurred by its employees or agents, unless the Customer provides prior written notice restricting the persons authorized to deal with Ballard Truck.

Invoices are due Net 30. Acceptance of less than the full invoice amount by Ballard Truck Center shall not be construed as a waiver of the right to full payment. The Customer agrees that interest shall accrue at the rate of 1.5% per month or the maximum allowed by law, whichever is less, on any delinquent amounts. The Customer agrees to pay all costs of collection, including attorneys’ fees, incurred by Ballard Truck Center upon breach of this agreement or any invoice. This agreement shall be governed by the provisions hereof and the laws of Massachusetts. The parties both WAIVE THE RIGHT TO A TRIAL BY JURY in any action to enforce the terms of this agreement or in any dispute with Ballard Truck.

Unconditional Personal Guaranty

Required for applications for corporations and LLCs.

In consideration for the extension of credit to the above Customer, the undersigned guarantor(s) (“Guarantor”), jointly and severally if more than one, absolutely and unconditionally guarantee the full and timely payment of all amounts due or to become due by Customer to Ballard Truck Center, including interest and all costs of collection. This unconditional guaranty shall be binding upon the Guarantor and its heirs, executors, administrators, representatives, and assigns. Guarantor hereby waives notice of acceptance of this guaranty, notice of changes of the agreement or other terms between the Customer and Ballard Truck Center, notice of default and any other requirement or notice necessary to bind it hereunder.

Guarantor waives all defenses except the defense of payment.

Guarantor agrees to pay all costs of collection, including attorneys’ fees, incurred by Ballard Truck Center in connection with any dispute with Ballard Truck.

This guaranty shall be governed by the provisions hereof and the laws of Massachusetts. The Guarantor WAIVES THE RIGHT TO A TRIAL BY JURY in any action to enforce the terms of this agreement or in any dispute with Ballard Truck.