Credit Application and Agreement
Terms & Conditions
BlackBall Logistics, LLC ("BlackBall")
The Applicant identified above ("Applicant") hereby applies for credit terms with BlackBall Logistics, LLC, a Tennessee limited liability company ("BlackBall"). By submitting this application, Applicant:
- Authorizes BlackBall to investigate Applicant's credit history, obtain credit reports, and verify financial and business information as necessary.
- Consents to the release of bank account and other relevant information to BlackBall or its designated agents.
- Agrees that, if credit is extended, all invoices are due upon receipt unless otherwise specified in writing.
- Acknowledges that invoices become past due immediately after the due date stated on the invoice.
Late Payments & Collection
If any invoice remains unpaid past the due date, Applicant agrees to pay a service charge on the delinquent balance at the maximum rate permitted by the laws of the State of Tennessee (or the jurisdiction specified on the invoice, if different). In addition, Applicant agrees to reimburse BlackBall for all reasonable collection costs, including attorney's fees, which shall not be less than 25% of the outstanding balance.
Default & Remedies
BlackBall reserves the right, at its sole discretion, to place any delinquent account on cash-on-delivery terms, suspend further deliveries or services, or repossess equipment without prior notice. BlackBall may pursue any and all remedies available under law or equity, including but not limited to filing preliminary lien notices or mechanics' liens where permitted by state law to protect its interests.
Federal Government Compliance
When performing services under federal government contracts or subcontracts (including prime contractor flow-down requirements), Applicant represents and warrants that it:
- Maintains active registration in the System for Award Management (SAM.gov) with a current Unique Entity Identifier (UEI).
- Is not debarred, suspended, or proposed for debarment from federal contracting (per FAR 52.209-6).
Complies with all applicable Federal Acquisition Regulation (FAR) clauses flowed down by BlackBall, including but not limited to:
- FAR 52.219-8 (Utilization of Small Business Concerns)
- FAR 52.222-26 (Equal Opportunity)
- FAR 52.222-50 (Combating Trafficking in Persons)
- DFARS 252.204-7012 (Safeguarding Covered Defense Information and Cyber Incident Reporting) when applicable
- Maintains current certifications (e.g., HUBZone, SDVOSB, 8(a)) as claimed and will promptly notify BlackBall of any change in status.
- Agrees to indemnify BlackBall for any penalties, fines, or losses arising from Applicant's non-compliance with federal requirements.
Online Agreement & Updates
Applicant agrees to be bound by BlackBall's current Online Rental, Service, and Terms & Conditions (available at https://blackball-portal.com/legal or upon request), as amended from time to time. These terms include, but are not limited to, indemnification, limitation of liability, insurance requirements, and equipment use provisions. Applicant acknowledges that these terms may be updated periodically and agrees to be bound by the version in effect at the time of each rental, service, or sales transaction.
Credit Card Surcharge
Effective [Date], where permitted by law, BlackBall may impose a surcharge of up to 2.0% on credit card payments for charge accounts. This surcharge does not exceed our merchant discount rate and is subject to applicable sales tax in certain jurisdictions.
No Conflicting Terms
Any purchase order, scope of work, work order, or similar document issued by Applicant is accepted by BlackBall for record-keeping purposes only. Except for equipment description, quantity, delivery location, price, and estimated rental/service period, any conflicting or additional terms contained therein are expressly rejected and superseded by BlackBall's standard terms.
Signature & Acceptance
By submitting this application electronically, Applicant certifies that all information provided is true and complete, agrees to the terms above, and authorizes BlackBall to extend credit subject to approval.
Personal Guarantee
In consideration of BlackBall Logistics, LLC ("BlackBall") extending credit to the Applicant identified above ("Applicant"), the undersigned individual(s) ("Guarantor") hereby jointly, severally, unconditionally, and irrevocably guarantees and promises to pay BlackBall all amounts now owing or that may hereafter become owing by the Applicant, including principal, interest, service charges, collection costs, and reasonable attorney's fees.
This is a continuing guaranty and shall remain in full force and effect until BlackBall receives written cancellation from the Guarantor as described below. BlackBall shall not be required to notify the Guarantor of the dates, amounts, or terms of any credit extended to the Applicant. The Guarantor waives:
- Demand for payment and notice of default or non-payment
- Notice of acceptance of this guaranty
- Any right to require BlackBall to first pursue the Applicant, exhaust remedies against the Applicant, or resort to any security
- All set-offs, counterclaims, and exemptions or homestead rights
- Benefit of any change in the Applicant's status (e.g., incorporation, reorganization, merger, sale, or change in ownership/personnel/location)
The Guarantor further agrees to pay a service charge on all delinquent balances at the maximum rate permitted by Tennessee law (or the jurisdiction stated on the invoice, if different), plus all costs of collection, including reasonable attorney's fees (not less than 25% of the outstanding balance).
This guaranty is one of payment, not collection. The Guarantor's obligations remain enforceable regardless of any modification, extension of time, forbearance, or release granted by BlackBall to the Applicant.
Federal Government Compliance Note
When services involve federal government contracts or subcontracts, the Guarantor acknowledges that BlackBall is subject to Federal Acquisition Regulation (FAR) and related flow-down requirements. The Guarantor agrees that any failure by the Applicant to comply with applicable FAR clauses (e.g., payment obligations, small business utilization, EEO, anti-trafficking, cybersecurity under DFARS 252.204-7012) may result in liability under this guaranty.
Cancellation
This guaranty may be canceled only by written notice delivered to BlackBall via certified mail with proof of delivery. Cancellation shall apply only to credit extended after BlackBall's receipt of the notice. The Guarantor remains fully liable for all obligations incurred prior to receipt of cancellation, including accrued service charges and collection costs.
Governing Law & Waiver of Jury Trial
This guaranty is governed by the laws of the State of Tennessee. The Guarantor waives any right to trial by jury in any proceeding arising from or relating to this guaranty, to the extent permitted by law. The Guarantor consents to jurisdiction and venue in Hamilton County, Tennessee (Chattanooga area).
Trust Obligation
The Applicant and Guarantor agree to hold in trust, for payment to BlackBall, any funds received from third parties (including federal government payments) that include amounts owed to BlackBall for services, rentals, freight, or equipment. Such funds shall not be used for any other purpose until BlackBall is paid in full. Any breach of this trust obligation shall create a non-dischargeable debt in bankruptcy under 11 U.S.C. §523(a)(4) and (6).
Incorporation of BlackBall Terms
The Guarantor agrees to be bound by BlackBall's current Online Service, Rental, Freight, and Terms & Conditions (available at https://blackball-portal.com/legal or upon request), as amended from time to time. These terms, including indemnification and limitation of liability provisions, are incorporated by reference and apply to all transactions. The Guarantor acknowledges that terms may change and agrees to be bound by the version in effect at the time of each transaction.
By checking the box below, I authorize my electronic signature and agree to all terms above, including this Continuing Personal Guarantee, for the extension of credit by BlackBall Logistics, LLC.
Equal Credit Opportunity Notice
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act.
The federal agency that administers compliance with this law concerning this creditor is: Federal Trade Commission Division of Credit Practices 600 Pennsylvania Avenue, NW Washington, D.C. 20580
Applicant Certification and Agreement
By checking the box above, I certify that the information provided in this credit application is true, complete, and accurate to the best of my knowledge. I authorize BlackBall Logistics, LLC ("BlackBall") to investigate my/our credit history, obtain credit reports, verify financial and business information, and contact references as necessary to evaluate this application.
I further agree to be bound by BlackBall's current Terms & Conditions (available at https://blackball-portal.com/legal or upon request), as amended from time to time, which govern all services, rentals, freight, warehousing, equipment usage, and transactions with BlackBall. These terms include, but are not limited to, payment terms, late fees, indemnification, limitation of liability, insurance requirements, and federal government compliance obligations (including FAR/DFARS flow-down clauses when applicable).
I acknowledge that these terms may be updated periodically and agree to be bound by the version in effect at the time of each transaction.