The person/entity (“Customer”) submitting this application to Best Equipment, Inc. or Best Rents LLC. or any of its subsidiaries or divisions (“BRLLC”) agrees to the following conditions:
1. A late charge of 1.50% (18% annual percentage rate) per month shall be assessed on all accounts over 30 days past due.
2. All transactions are assumed to be taxable in all relevant jurisdictions unless BRLLC receives a valid Tax Exemption certificate.
3. All invoices will be paid to BRLLC in accordance with the terms and conditions of this Agreement or as otherwise agreed by BRLLC in writing.
4. All invoices are due and payable at the remittance address shown on the face of the invoice within 30 days of the date of the invoice.
5. Customer agrees that it may from time to time be owed money from BRLLC due to contracts or transactions between the Customer and BRLLC which are separate and distinct from the transactions contemplated in this Credit Application and Agreement. BRLLC will have the right to withhold from the Customer any monies owed by BRLLC to the Customer in connection with any such contracts or transactions and to offset the same against any sums owed by the Customer to BRLLC in such amounts as may be deemed by BRLLC to be reasonably necessary to cover such indebtedness of the Customer. So long as this right of offset is carried out in good faith, the Customer waives any claims against BRLLC for any consequential damages arising from such withhold and offset even if it is later determined that the withhold and offset was improper.
6. BRLLC is authorized to file any and all lien notices, construction liens, notice of furnishings, mechanics liens, and surety bond claims or other remedies to protect its interest in equipment or machinery, rental equipment, service, parts and all related accounts. Customer agrees to furnish BRLLC with all information requested by BRLLC for the proper completion and service of any notices under the lien laws.
7. Delivery of material to the site constitutes delivery to Customer, regardless of whether the Customer or his agent is at the site at the time of delivery. Customer waives any claims for damages arising by virtue of delay in delivery of material by BRLLC, regardless of the cause of delay. Any claims for adjustments or corrections of billings, must be made within five (5) days of receipt of invoice.
8. BRLLC will not be responsible for incidental, consequential, special or other damages caused by the delay in delivery, breakdown or mechanical failure of any equipment rented to the Customer.
9. Customer agrees to supply BRLLC with proper and current required Federal, State and local licensing before opening account(s).