Credit
Application

YOU ARE HEREBY AGREEING THAT THE COURTS OF PENNSYLVANIA HAVE PERSONAL JURISDICTION OVER YOU. By submitting this Credit Application to our headquarters in Wilkes-Barre, Pennsylvania, and in consideration and exchange for an extension of credit, you agree that all legal disputes or collection actions concerning your account shall be decided by the courts of Pennsylvania, including, but not limited to, the Luzerne County Court of Common Pleas and Magisterial District Court 11-1-02, and shall be adjudicated in accordance with Pennsylvania law, without regard to, or application of, any conflict of law provisions.

The undersigned represents and warrants that the information contained in this credit application is true and correct; that he/she has authority to act on behalf of the Applicant; that the foregoing provision concerning Jurisdiction and Venue shall be binding upon Applicant if a credit account is approved; that McCarthy Tire Service Company is permitted to contact the Trade References and Bank Reference listed above to secure verification information and documentation concerning Applicant's business reputation and financial condition; and that McCarthy Tire Service Company is authorized to obtain consumer credit reports from time to time on the Applicant through credit and consumer reporting agencies or other sources for the purpose of evaluating the creditworthiness of Applicant in connection with this Application for Credit and, if approved, to evaluate the continued creditworthiness of Applicant thereafter.

THIS SECTION MUST BE COMPLETED IF APPLICANT IS A CORPORATION, PARTNERSHIP, COMPANY OR ASSOCIATION. To induce McCarthy Tire Service Company to extend credit to the Applicant, the undersigned (“Guarantor”) hereby personally and unconditionally guarantees payment of any sums now or hereafter owed on this account, including finance charges, collection charges, and reasonable attorneys’ fees. The Guarantor agrees that McCarthy Tire Service Company may proceed directly and solely against him/her to obtain full satisfaction and payment without first exhausting any remedies against the Applicant. The Guarantor further agrees that the above-stated provision concerning Jurisdiction and Venue shall likewise apply to him/her as Guarantor, and that McCarthy Tire Service Company is authorized to obtain consumer credit reports from time to time on the Guarantor through credit and consumer reporting agencies or other sources for the purpose of evaluating the creditworthiness of Guarantor in connection with this Application for Credit and, if approved, to evaluate the continued creditworthiness of Guarantor thereafter. This guaranty shall continue in full force and effect until revoked in writing, sent by registered or certified mail, which revocation shall be effective seven (7) days after receipt of such written notice, unless a later date is selected by the Guarantor. Such revocation or termination shall not release the Guarantor as to any sum or debt incurred prior to the effective date of the revocation or termination.