In consideration for the extension of credit to the undersigned applicant (hereinafter referred to as "APPLICANT") by the Chief Petroleum Company/ Chief Petro-Card, Inc. (hereinafter referred to as "CHIEF'), APPLICANT expressly agrees to be bound by and to conform with all of the terms and conditions of this agreement:
1. APPLICANT agrees to the following term of payment; Bulk Purchases of Motor Fuels, Aviation Fuel, Kerosene and Solvents sold and invoiced by Chief Petroleum Co. Net 10 Days from date of purchase.
Motor Fuels purchased at Chief Petro-Card and CFN affiliated card-lock locations and all other transactions invoiced by Chief Petro-Card. Statments / invoices are mailed on the First and Fifteenth of each month and are due 15 Days from the statement / invoice date. An automatic draft from your account will occur on the 15th and last day of each month.
2. Any amount not paid in full on or before a payment due date shall accrue interest at the rate of 18 percent per annum from the payment due date until paid in full.
3. APPLICANT agrees that in the event of nonpayment or any other default in APPLICANT'S performance of his obligations under this agreement, they shall pay to CHIEF all costs and expenses, including reasonable attorney's fees and/or collection agency fees incurred in enforcing any of the provisions herein, including but not limited to, attorney's fees incurred during any judgment collection process.
4. This agreement shall be interpreted in accordance with the laws of the State of Colorado, and jurisdiction and venue for any action under this agreement shall be in El Paso County, Colorado.
5. APPLICANT warrants and represents that all of the information provided in this credit agreement and in the accompanying application for credit is true and accurate, and it is expressly offered to CHIEF so that they may rely upon it in granting credit.
6. APPLICANT hereby expressly authorizes CHIEF, or its designated agent to contact any of the above credit references, banks or financial institutions or other persons or agencies who have extended credit
to the APPLICANT, and said persons or entities are hereby authorized to provide all available credit information to CHIEF.
7. APPLICANT agrees that he shall be liable for all charges and transactions made to any and all fuel cards issued by CHIEF to APPLICANT pursuant to this agreement. Further, APPLICANT agrees that in the event a
fuel card issued hereunder is lost or stolen, APPLICANT is liable for any and all charges or transactions made by said card until CHIEF has been notified of said loss or theft.
Notice to CHIEF can be made in person at CHIEF'S 301 South 10th Street office, by phone (719) 473-7760 during normal business hours, or by registered mail.
8. If any clause or provision of this agreement is illegal, invalid or unenforceable under applicable, present or future laws, the remainder of this agreement shall not be effected and will remain in force.