1. Application for Credit: Applicant hereby applies for credit from Red-D-Arc Inc. (“Creditor”) for
the purpose of renting, leasing or purchasing equipment. Applicant acknowledges and agrees
that any such rental, lease or purchase and sale agreement shall be subject to such agreement’s
specific terms and conditions. Applicant warrants that all information provided in this application
is true and correct. Applicant authorizes Creditor to obtain credit reports and other financial
information from time to time for credit evaluation purposes. Creditor reserves the right, in its
sole and absolute discretion, to refuse to extend credit to Applicant at any time, for any reason or
no reason, without notice or liability
2. Payment Terms: Applicant agrees to pay all rental charges, fees, and other amounts due to
Creditor in accordance with the terms specified in the applicable agreement or invoice. Unless
otherwise specified, payments are due Net 30 days from the invoice date. A late payment charge
of 1.5% per month or the maximum allowed by law may be applied to overdue balances.
Delinquent accounts may be reported to the applicable credit bureau(s).
3. Default: In the event of default by Applicant, including but not limited to failure to make timely
payments, Creditor may, at its option, declare all amounts immediately due and payable,
repossess the equipment, and pursue any other remedies available at law or in equity.
4. Collection Costs: Applicant agrees to pay any and all costs and expenses of collection,
including reasonable attorneys’ fees, incurred by Creditor in enforcing any terms of this
application or any related agreement.
5. Governing Law: This application and any resulting agreements shall be governed by and
construed in accordance with the laws of the State of Delaware, without regard to its conflict
of laws principles.
6. Entire Agreement: This Application for Credit constitutes the entire agreement between the
parties with respect to the granting of credit from the Creditor to the Applicant and supersedes
all prior agreements and understandings, whether written or oral.