1. Terms of payment hereunder shall be net cash or net ten (10) days from date of bill of lading. If payment has not been received at M.G. Oil Company’s office before the closing of business hours on the tenth (10th) day, additional charges may apply. M.G. Oil Company may at its option, amend such terms of payment.
2. In the event this Agreement is canceled for non-payment, no liability shall exist for any undelivered fuels, products, or commodities here-under. If, in the opinion of M.G. Oil Company, its agents or assigns, the financial responsibility of the undersigned shall become impaired or unsatisfactory M.G. Oil Company may suspend credit and may require satisfactory security before any further sales or deliveries are made hereunder.
3. Any claims for errors, deficiencies, imperfections, or defections in quality of any; fuels or products furnished hereunder shall be deemed waived by the undersigned unless asserted in writing within ten (10) days after the undersigned’s receipt of such fuels or products.
4. All orders will be filled with reasonable promptness, but M.G. Oil Company shall not be responsible when deliveries are delayed or prevented by fire, storm, flood, strike, differences with or refusal of any employee of M.G. Oil Company, or of its agents, distributors, or assigns to load, deliver, or unload products, disruption or breakdown of transportation, or any cause beyond the control of M.G. Oil Company, whether of any class or causes referred to or not.
5. M.G. Oil Company shall not have control in any manner whatsoever over the undersigned resale price of any fuels or products purchased hereunder. In the event that any of M.G. Oil Company’s Fuels or products sold hereunder shall be subject to Fair Trade Agreements, the undersigned shall comply with the terms thereof.
6. If the said Retail Outlet is receiving or had received any type of incentive payments from any Oil Company brand that M.G. Oil Company markets, or incentive from M.G. Oil Company directly, the undersigned agrees to comply with the “Oil Company’s Image Program” and “Standards” at the said retail outlet the undersigned is located at. If said Retail Outlet (for any reason, including but not limited to, the sale or lease of the underlying premises): ceases to be an exclusively Company-branded facility at any time, or ceases to conform to Company’s image programs and standards at any time, or ceases to be supplied by M.G. Oil Company at any time, the undersigned may be required to return any unamortized incentive funds paid to said outlet.
7. This Agreement shall not be assigned or transferred by Buyer directly or indirectly without the prior written consent of M.G. Oil Company.
8. PERCENTAGE RATES: All charge accounts with an outstanding balance after 10 days from delivery of fuel are subject to a 1.5 % per month (annual percentage rate of 18%) finance charge, starting on the 11th day.
9. CHANGE OF TERMS: M.G.Oil Company has the right to change any terms or part of this agreement by sending a written notice. M.G. Oil Company also has the right to cancel this agreement as it relates to future purchases.
10. CREDIT INVESTIGATION AND DISCLOSURE: M.G. Oil Company has the right to; investigate my credit, employment and income records, and has the right to verify my credit references and to report the way I pay my account to credit bureaus and other interested parties.
11. AUTHORIZED BUYERS: This agreement controls all charges made on the account by me or any person I authorize to use the account.

For valuable consideration, including but not limited to M.G. Oil Company extending credit to or for the herein contained account, the undersigned hereby absolutely and unconditionally guarantees to M.G. Oil Company the full and prompt payment when due, of all accounts to M.G. Oil Company now or hereafter existing, and the undersigned, jointly and severally, agree(s) to pay all and any costs, expenses and attorney’s fees paid or incurred by M.G. Oil Company insofar as those items are allowed by law in endeavoring to collect the indebtedness or any part hereof and enforcing this guaranty.

The undersigned hereby waives presentment, demand for payment and notice of nonpayment.

No act or thing except payment, but which for this provision could act as a release of the liabilities of the undersigned hereunder, shall in any way affect or impair the guaranty, and this shall be a continuing, absolute, and unconditional guaranty, and shall be in force and binding upon the undersigned until the indebtedness is fully paid and this guaranty is revoked by written instrument personally delivered to the offices of M.G. Oil Company and receipted therefore: and, in the event of a revocation of the guaranty agreement, the guarantor below stated shall be liable for all sums then due together with all accrued finance charges from the date of the revocation until payment as if the agreement were in full force and effect.

M.G. Oil Company shall not be first required to proceed against any other person, business, security or guarantor to collect the account herein guaranteed prior to proceeding against the undersigned.

In witness whereof, this guaranty has been duly executed by the undersigned on the afore mentioned date.

NOTICE TO APPLICANT: Do not sign this agreement before you have read it, or if it contains any blank spaces. You are entitled to a completely filled in and exact copy of this agreement you sign at the time that you sign it. You have the right at any time to pay off in advance the full amount due without incurring any additional charge except those herein contained.

SIGNATURE OF APPLICANT AND ACKNOWLEDGMENT AND ACCEPTANCE OF RETAIL CHARGE AGREEMENT: The undersigned applicant accepts this agreement and all of the terms and conditions it contains; and, that the making of any purchase by the applicant or any authorized user on or after January 1, 1985, shall constitute acknowledgment and acceptance of this agreement by applicant