Application for Account Accommodations/Financing

(* indicates required field)
   




Street Address:



Billing Address:     




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  Time as Current Owner:
      (if yes please attach form below )
    
     

Yes No
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(Certificate of General Liability and Property Damage Insurance requied on Rental Agreements)
  
If yes,
Trade References (Complete in full)
NameAddress (city,state,zip)Fax#Act#
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Bank/Finance Co. Reference(s) Please Provide current balances.
NameAcct#Phone#CheckingSavingsLoan
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Agreement for Extension of Credit and Release of Information

Personal Guaranty(Required of all corporations and LLC's in business less than 2 years, and all partnerships and proprietorships. Guarantor must be owner / sole proprietor, general partner or corporate officer)

By signing below, Applicant agrees to all of the following terms: (1) Applicant shall pay machine and engine invoices within 10 days of the date of invoice and parts, service, and rental invoices within 30 days of the date of invoice. (2) All sums not paid as indicated in item one shall be considered past due and shall bear a service charge of 2% per month; (3) Applicant agrees to pay all attorney fees and costs, as well as the cost of investigators and collection agencies, if any part of this account is past due, whether or not court action is taken or a judgment is rendered; (4) This agreement shall be construed under the laws of the State of Utah; (5) If legal action is brought to enforce this agreement, Salt Lake City, Utah shall be the exclusive jurisdiction and legal venue for said action; (6) Applicant agrees to pay Dealer a $20.00 service charge on each dishonored check; (7) Dealer has the right to file a Preliminary Notice on any project to which equipment has been supplied, and Applicant agrees to and shall provide complete Preliminary Notice information when requested by Dealer and will at all times keep dealer informed as to the location of Dealer's equipment; (8) Dealer's acceptance of this credit application constitutes acceptance by the Applicant of the terms and conditions of this agreement; and (9) All transactions made hereunder shall be governed by the foregoing terms and conditions as well as any terms or conditions on Dealer's quotation, agreements, rental agreements and/or invoices.

Applicant further agrees that Dealer may, at Dealer's sole discretion, accept, utilize and rely upon a facsimile copy, electronic copy or photocopy of this agreement and the Continuing Personal Guaranty, in lieu of an original document. Applicant acknowledges that by transmitting a facsimile copy, electronic copy or photocopy of this document to Dealer, Applicant, and the Guarantor (if applicable), agree to be bound by the terms and conditions contained in this document to the same extent as if an original were transmitted to Dealer. Applicant, and Guarantor (if applicable), consent to Dealer's use of this document and waive any right to object to the use of a copy in place of the original and any right to require Dealer to subsequently produce an original document.

The above information is furnished for the purpose of obtaining credit. I/We hereby authorize Wheeler Machinery Co. to verify information from whatever source it deems appropriate to determine my/our credit and financial responsibility. Applicant and each person signing below, and on the Continuing Personal Guaranty if applicable, warrants that the information provided herein or in connection with this application is true and correct and authorizes the release of such information to CAT Financial, Caterpillar Dealers and/or any party which may provide credit to Applicant. Applicant further authorizes said party to request and obtain information pertaining to Applicant's creditworthiness, as party may deem appropriate, from, including but not limited to, banks, credit bureaus, credit reporting agencies, and other creditors of Applicant.



Pursuant to Utah Code Ann. § 46-4-105, and other applicable laws, the parties to this credit application hereby agree to conduct this transaction by electronic means and Applicant agrees to the terms of this credit application as evidenced by his/her electronic signature above.


Continuing Personal Guaranty

In consideration of the extension of credit to the Applicant by Dealer, and as an inducement to Dealer to continue to extend credit to Applicant, the undersigned, jointly and severally, unconditionally guarantee(s) the prompt payment of any and all sums of money now due or at any time hereafter due and owing to Dealer by Applicant. The undersigned personally guarantee(s) payment for all services purchased and/or leased by Applicant, and, should Applicant's account become past due, for all costs, including but not limited to attorney fees and costs of collection resulting therefrom. Any undersigned guarantor who is married expressly represents that he/she has been duly authorized by the non-signing spouse to act in a representative capacity and execute this Guaranty on behalf of the non-signing spouse, for the purposes described herein, so as to bind their marital property.

Dealer may proceed against the undersigned without being required to first proceed against Applicant and may proceed against any one of the undersigned without waiving its right to proceed against any of the remaining Guarantors. The undersigned waives notice of extension of time or modification of terms, settlements, or resolutions of disputes, modification of credit line, or default of Applicant.

Personal Information On Owner / Principles / Guarantors (add another Owner / Principle / Guarantor)


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The Guaranty is intended to be and is a Continuing and Cumulative Guaranty.

The undersigned, and each of them, agree(s) to be bound by all terms and conditions in this Application.

Pursuant to Utah Code Ann. § 46-4-105, and other applicable laws, the parties to this credit application hereby agree to conduct this transaction by electronic means and Applicant agrees to the terms of this credit application as evidenced by his/her electronic signature above.


Notice: If your application for business credit is denied, you have the right to a written statement of specific reasons for the denial. To obtain the statement, please contact the Credit Department at the above address within 60 days from the date you are notified of our decision. We will send you a written statement of the reasons for the denial within 30 days from receiving your request. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on account 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 this law concerning this Lender is the FTS Regional Office of the region in which the Lender operates or the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

Notice: This information may be shared or disseminated with lending institutions and/or credit reporting bureaus. Wheeler Machinery Co. is hereby released from all liability arising out of the possession, processing, gathering thereof and dissemination of the credit information, and/or from any errors or omissions in said credit report(s).


Attachments