I warrant that the Applicant is solvent, and no owner, officer (if a corporation) or manager (if a limited liability company) has been the subject of a personal bankruptcy in the last 7 years and that the Applicant is not currently in any bankruptcy proceeding. Applicant agrees that the terms of all transactions with Supplier are governed by the laws of the State of Texas. Further, jurisdiction and venue of any dispute between Applicant and Supplier is proper in any court of competent jurisdiction in Harris County, Texas, and may be heard only in such forum. Applicant grants to Supplier the right to investigate all matters set out in this Application, and directs those holding information regarding Applicant (including, but not limited to banks, credit references, and credit reporting services) to turn over to Supplier on request such information. The undersigned, having been authorized to execute this agreement on behalf of the Applicant, acknowledges the Credit Terms, Conditions, and agrees to be bound thereby. The undersigned warrants the information contained within this credit application is true to the best of his/her knowledge. I warrant that Applicant has read, understands, and agrees to the Credit Terms and Conditions listed below and is not being sued for non-payment by any supplier of goods or services.

The Buyer has read and agrees to the terms of doing business with the Seller, HTX Forklifts, LLC. (“HTX”) on credit which are as follows: 1. HTX’s payment terms are Net 30 days unless expressly negotiated or otherwise stated in writing. 2. All sales are due and payable in full as quoted by HTX in its commercial documents following the date of invoice and if not paid, may bear interest from the date of the invoice does not exceed 1.5% per month but not exceeding higher than rate allowed in Texas. Regarding payments made by credit card, to the fullest extent permitted by applicable law. 3. The Buyer agrees and acknowledges that HTX will impose an additional 3.0% convenience fee for processing commercial accounts via credit card. 4. HTX reserves the right to post payments as it deems fit unless otherwise directed. 5. Ownership and title to merchandise shall remain the sole and exclusive property of HTX Forklift until the Buyer tenders’ payment and HTX receives payment in full. Concerning HTX rights, Buyer hereby waives all statutory and common law claims in such merchandise and will protect HTX's interest in any claim by any creditor of Buyer. 6. Checks and other negotiable instruments are accepted subject to collection. 7. Merchandise not paid for in accordance with this Agreement may be recovered by HTX and Buyer does hereby consent to HTX's entry onto Buyer’s premises for said purposes. 8. The buyer agrees to pay all HTX costs incurred for collection of account or recovery of merchandise, including, but not limited to, reasonable attorney fees, collection agency fees, shipping, and transportation, labor, and HTX other direct and indirect costs. 9. The terms and conditions of sale on the front of HTX invoices shall be the terms of the contract of each sale from HTX Forklifts to the Buyer. The Buyer agrees to notify HTX, in writing, immediately, in the event the Buyer becomes insolvent or unable to pay its bills in accordance with the terms of this Agreement. 10. All transactions made pursuant hereto shall be governed by the foregoing terms and conditions as well as any terms or conditions on HTX quotations, agreements, rental agreements, invoices, and all other documents pertaining to each transaction. 11. The amount of credit HTX extends is subject to change without notice, before or after the delivery of an order. HTX specifically reserves the right to require prepayment for any shipment or delivery should HTX so determine. 12. If goods sold according to this agreement are defective, the buyer's only recourse is a replacement of the defective goods or a refund of the purchase price if a replacement is not available. The buyer is not entitled to recover any incidental or consequential damage caused by any defective goods. 13. Buyer shall indemnify and hold harmless HTX, directors, agents, and employees, against any losses, claims, damages, or liabilities to any person in connection with the merchandise, until final payment is received by HTX and title to the merchandise transfers to Buyer. This indemnification applies to all claims, except to the extent that any such loss, claim, damages, or liability are finally judicially determined to have resulted from gross negligence, bad faith, willful misfeasance, or reckless disregard by HTX.