Company Name or Individual:*

Delivery Address: *

City:*

State: Zip:

Delivery Phone:*

Billing Address:*

City: *

State: Zip:

Billing Phone:*

Business is a: *

SIC Code:

  NAISC Code:

Tax ID#:

Formation/Incorporation Date:

Type of Business:*

Accounts Payable Contact:*

Email:*

Cardlock Contact:

Email:

Have you ever been sued or in default with a fuel supplier?:

D & B Number:

If products are for resale please provide resale # and appropriate Downs energy form

What is your estimated
monthly fuel expenditure?:

*Requested Credit Limit?:
* If Credit Limit request exceeds $10,000, Please provide most recent financial statement or letter of credit.

How did you hear about Downs Energy?

Position: *

Name:*

Home Address:

City:

State: Zip:

DL#:

SS#:

Home Phone:

LEGAL ACCEPTANCE - Checking this box indicates the person listed above's acceptance of the terms and conditions as stated on this page and any and all pages of this application. In addition, you authorize DOWNS ENERGY to make any and all inquiries necessary to process this credit application. You further agree to notify our office in writing of any material change in ownership or entity status or otherwise agree to provide an updated credit application at DOWNS ENERGY’S request.

Position:

Name:

Home Address:

City:

State: Zip:

DL#:

SS#:

Home Phone:

LEGAL ACCEPTANCE - Checking this box indicates the person listed above's acceptance of the terms and conditions as stated on this page and any and all pages of this application. In addition, you authorize DOWNS ENERGY to make any and all inquiries necessary to process this credit application. You further agree to notify our office in writing of any material change in ownership or entity status or otherwise agree to provide an updated credit application at DOWNS ENERGY’S request.

Company:

Area Code/Phone:

Address:

Company:

Area Code/Phone:

Address:

Company:

Account #:

Phone:

Fax:

Address:

Company:

Account #:

Phone:

Fax:

Address:

Company:

Account #:

Phone:

Fax:

Address:

I (we) hereby authorize Downs Energy, Inc., to initiate debit entries to my (our) Checking Account Savings Account (select one) indicated below at the depository financial institution named below, hereinafter called DEPOSITORY, and to debit the same to such account. I (we) acknowledge that the origination of EFT transactions to my (our) account must comply with the provisions of U.S. Law. THERE WILL BE A $25 CHARGE BY DOWNS ENERGY FOR ANY ELECTRONIC FUNDS TRANSFERS RETURNED UNPAID.

Depository Name:

Branch:

City:

State: Zip:

Routing Number:

Account #:

This authorization is to remain in full force and effect until DOWNS ENERGY has received written notification of its termination in such time and in such manner as to afford DOWNS ENERGY and DEPOSITORY a reasonable opportunity to act on it.

* By checking this box, you agree to and acknowledge the "Authorization Agreement For Direct Payments (EFT Payments)" stated above.

Name: *

Title: *

Date:

The Customer fully understands and agrees to comply with the following terms and conditions of this Agreement.

1. DEFAULT AGREMENT TO PAY. Signature states that Customer agrees to pay for products and/or services received from Downs
   Energy. Should the Applicant default on any obligation to DOWNS ENERGY, the Applicant agrees as follows: (1) to pay all principle
   due; (2) to pay a late charge on all principle due and unpaid within the time period allowed by DOWNS ENERGY, at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law in the event a Court should determine that this late charge is excessive or otherwise unenforceable; (3) to pay all attorneys fees and costs of collection, including but not limited to attorney fees incurred in preparing and transmitting demand letters and other pre-litigation services, as well as litigation itself; (4) that this Agreement is executed and to be performed in Riverside County, and therefore any litigation to enforce the terms of this
   Agreement will be filed in Riverside County. In the event there is a conflict between the terms of this Agreement and the terms of
   any subsequent written agreement between the parties and/or DOWNS ENERGY invoice and/or DOWNS ENERGY statement
   provided to Applicant, the Applicant agrees to be bound by the terms of the subsequent document setting forth the monetary
   obligation of Application. In the event of any conflict between terms of Applicant’s purchase orders and this Agreement and/or any
   DOWNS ENERGY invoice and/or DOWNS ENERGY statement, Applicant agrees that the terms of the DOWNS ENERGY document
   corresponding to the Applicant’s purchase order will prevail (i.e., the terms of the DOWNS ENERGY invoice and/or statement
   pertaining to delivery of the goods referenced in the purchase order will prevail over any conflicting terms contained in the purchase order).
2. PAYMENT. Unless otherwise agreed to in writing by DOWNS ENERGY, the undersigned Customer agrees to the following terms in all credit transactions:
   NET 10 DAYS FRO M THE DATE OF INVOICE FOR CARDLOCK PURCHASES AND BULK FUEL DELIVERIES
   NET 30 DAYS FRO M THE DATE OF THE INVOICE FOR OIL, LUBES, GREASE AND ACCESSORIES
   In the event said charges are not paid in accordance with the terms above, Customer agrees to pay DOWNS ENERGY service charge of one and one half percent (1.5%) per month on the unpaid balance and agrees to forfeit any and all volume discounts. Further, DOWNS ENERGY can refuse further charges to Customer. This service is not an alternative performance provision.
3. TAXES. Customer agrees to pay any and all applicable sales, excise and use taxes. Customer agrees to provide DOWNS ENERGY with any and all certificates that may allow Customer to be exempt from certain State and/or Federal sales, excise and use taxes.
4. CREDIT SUSPENSION. DOWNS ENERGY reserves the right to suspend any and all of Customer’s credit privileges without notice in the event that the terms and conditions are not met or kept by Customer as set forth herein.
5. COLLECTION COSTS. In the event Customer defaults in the terms of payment, DOWNS ENERGY may recover from Customer all
   penalties and service charges including, without limitation, reasonable attorney’s fees as set forth herein.
6. NON SUFFICIENT FUNDS. There will be a $25 charge by DOWNS ENERGY for any checks presented and returned unpaid.
7. CREDIT LINE. DOWNS ENERGY, at its option, increases or decrease the customers credit limit.
8. DISCLAIMER. DOWNS ENERGY reserves the right to photograph, videotape, and/or voice record Customer and/or Customers
   agents and/or Customer’s equipment utilizing any site that accepts a DOWNS ENERGY Fleetcard for the purpose of surveillance,
   advertising or any other activity deemed appropriate by DOWNS ENERGY
9. RECEIPT OF DELIVERY. Customer authorizes DOWNS ENERGY to make requested and/or scheduled deliveries of its products whether or not Customer or Customer’s representatives are present to sign the delivery invoice. Customer agrees to pay for all such
   delivered products under the terms and conditions more fully set forth.
10. ADDITIONAL TERMS AND CONDITIONS. In consideration of the utilization of DOWNS ENERGY access card(s), Customer and DOWNS ENERGY have entered into the following agreement (“Card Agreement”
    Customer and its agents agree to follow all posted instructions for the fueling of vehicles and will comply with all
    safety procedures.
    Customer hereby accepts the obligation and the responsibility for payment for all fuel registered through the DOWNS
    ENERGY account number(s) assigned to Customer from DOWNS ENERGY. Customer will notify DOWNS ENERGY of any
    lost cards immediately upon determination that a DOWNS ENERGY card has been lost or stolen. Notice may be given
    orally but must be confirmed in writing within 24 hours of first notice. Customer agrees to pay for all products
    registered through the reported DOWNS ENERGY card until DOWNS ENERGY receives such written notice.
    If a DOWNS ENERGY account is invalidated upon customer’s request, Customer must make written application to
    reinstate such a card or account. DOWNS ENERGY reserves the right to refuse to reinstate any DOWNS ENERGY card or
    account. No invalidated card or account may be reinstated unless all monies owed are paid including all charges and fees.
    If a Cardlock account becomes past due and is “locked out” the Customer will be charged a $25 re-instatement fee in
    order to re-activate any/all “locked out” account(s).
    The Card Agreement can be cancelled upon 24-hours written notice by DOWNS ENERGY or Customer. Should
    Customer cancel the DOWNS ENERGY account, all monies due will be paid within ten calendar days of such
    cancellation. Upon notice of such cancellation, Customer will return all DOWNS ENERGY cards to DOWNS ENERGY.
    Customer understands and agrees that its right to use the DOWNS ENERGY card provided by DOWNS ENERGY may not
    be assigned.
    It is understood and agreed that all DOWNS ENERGY cards issued to Customer are the sole property of DOWNS
    ENERGY and must be surrendered upon demand.
    It is understood and agreed that all DOWNS ENERGY cards issued to Customer are issued solely for the business of
    Customer, as an accommodation to Customer.
    Written notice as required in this Card Agreement will be deemed received by DOWNS ENERGY if a) by facsimile
    transmission or email, during DOWNS ENERGY normal business hours; subject to written confirmation of receipt from
    Downs energy) by overnight courier, on the next business day of deposit with courier; and c) by U.S. Post Office
    certified, return receipt mail, on date of the signed return receipt.
    Customer accepts any and all liability arising or resulting from or related to the use, misuse, unauthorized use, loss or
    theft or any DOWNS ENERGY card resulting in access to a DOWNS ENERGY facility (maintained and operated by
    DOWNS ENERGY) or other facility that accepts a DOWNS ENERGY Fleetcard (operated by others) on any affiliated fueling
    network. Customer understands that the rights conferred herein allow Customer access to purchase products.
    Customer also agrees to examine immediately upon receipt, each of DOWNS ENERGY’S statements, and to advise DOWNS
    ENERGY of any disputed transactions or statements within 10 days of receipt, together with a written statement specifying
    the reasons for such dispute. Failure to notify DOWNS ENERGY of any dispute with respect to defective goods or billing
    shall constitute a waiver of all such disputes.
    CARDLOCK POSTED PRICE DISCLAIMER
    The prices posted (and/or on a printed receipt) at any facility that accepts a DOWNS ENERGY Fleetcard may not be the final
    sales price. Your price is negotiated between you (the applying company) and DOWNS ENERGY.
11. Customer understands that liability will extend to the full amount of the debt owed regardless of the credit limit set by
    DOWNS ENERGY.
12. LAW. California law governs the terms and conditions set forth above. Terms and Conditions above agreed to without exception.

The person signing has authority and/or capacity to sign on behalf of Applicant/Customer. Signing this agreement indicates your acceptance of the terms and conditions as stated on this page and any and all pages of this application. In addition, you authorize DOWNS ENERGY to make any and all inquiries necessary to process this credit application. You further agree to notify our office in writing of any material change in ownership or entity status or otherwise agree to provide an updated credit application at DOWNS ENERGY’S request.

* By checking this box, you agree to and acknowledge the "TERMS and CONDITION of SALE " stated above.

Name: *

Title:*

Date:

Signature States Signateur (“Guarantor”) Personally Guarantees (“Guarantee”) debts for the above Applicant. In consideration for the extension of any terms for payment of Applicant purchased by Applicant from DOWNS ENERGY, the undersigned Guarantor agrees: 1) Guarantor will act as a personal guarantor to DOWNS ENERGY, and guarantee prompt payment of any and all obligations now or hereafter owed by Applicant to DOWNS ENERGY, agreeing to make payment to DOWNS ENERGY of all sums, including, but not limited to late charges and attorney fees unpaid to DOWNS ENERGY by Applicant upon the Applicants default on any obligation to DOWNS ENERGY and/or any filing of bankruptcy by Applicant; 3) liability will accrue under the Guarantee without notice to the undersigned; 4) Guarantor waives any and/or all rights to notice of action or inaction by DOWNS ENERGY on any obligation owed by Applicant; 5) Guarantor waives any right to insist that DOWNS ENERGY first seek recovery against the Applicant, or to pursue any other remedy, or seek recovery against any property owned by Applicant, prior to demanding payment upon and/or enforcing payment pursuant to the Guarantee 6) that DOWNS ENERGY will have no duty to advise Guarantor or any modifications of terms to Applicant or to advise Guarantor of any information regarding Applicants financial condition; 7) that DOWNS ENERGY may enforce this Guarantee against Guarantor without proceeding against Applicant or anyone else; 8) the Guarantor agrees not to assert any claim that Guarantor may now or later have against Applicant for any payment or transfer that Guarantor is obligated to make to DOWNS ENERGY under this Guarantee; 9) that Guarantor waives all subrogation or recovery rights; 10) that this Guarantee may not be revoked or rescinded if any balance remains owed and outstanding to DOWNS ENERGY from Applicant; 11) that Guarantor will pay all attorney’s fees and costs incurred in enforcing this Guarantee; 12) that any married Guarantor who signed this Guarantee hereby expressly agrees that recourse maybe had against Guarantor’s separate property for all obligations and/or liabilities hereunder. The undersigned individual Guarantor, recognizing that his/her individual credit history may be a factor in the evaluation of the credit of the Applicant, hereby consent to and authorizes DOWNS ENERGY, it’s nominees and assigns, to obtain and use a consumer credit report on the undersigned, now and from time to time, as may be needed in the credit evaluation and review process and waives any right or claim he/she would otherwise have under the Fair Credit Reporting Act in the absence of this continuing consent.

* By checking this box, you agree to and acknowledge the "Continuing Personal Guaranty" stated above.

Name: *

Date:

By checking this box, you agree to and acknowledge the "Continuing Personal Guaranty" stated above.

Name:

Date:

By checking this box, you agree to and acknowledge the "Continuing Personal Guaranty" stated above.

Name:

Date: