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       Business Credit Application
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    Should you have any questions relating to the progress of your application or completion of this form please contact us at :
     
    US
    Phone 1800 432 7652 (Option 8) or email us at lnscredit@landnsea.com


    Canada
    Phone 920 929 5996 or email us at ann.pickart@mercmarine.com
     
    Latin America
    Phone 954 744 3522 or email us at lynette.burgos@mercmarine.com

      

    Legal Name*
    DBA
    Business Structure*
    Date Business Estd
    [MM/DD/YYYY]
    Customer Type*
    LNS Sales Person
      
    Buyer Contact*
    Buyer Phone Number*
    Business Email Address*
    A/P Contact*
    A/P Phone Number*
    A/P Fax Number
    A/P Email Address
    Statement Email Address
      

    Billing Address
    Address 1*
    Address 2
    City*
    County
    State/Province*
    Zip/Postal Code*
    Country*
      
    Shipping Address
    Different From Billing
    Yes   No   
    Ship to #
    Ship to Name
    Shipping Address 1
    Shipping Address 2
    City
    County
    State/Province
    Zip/Postal Code
    Country
      

    Region*
    Sales Tax Information*
    Are you tax exempt*
    Yes   No   
    Sales Tax Number*
    Tax certificate
    [Note:Upload less than 10MB]
    .
    US Applicants Only - Please upload a copy of your Sales Tax Certificate
    A/C Information
    Account Type (US)*
    Account Type (non-US)*
    Credit Limit Requested*
    Forecast of Monthly Purchases
      

    Company Name
    Account Number
    Email Address
    Phone
    Fax
      
    Company Name
    Account Number
    Email Address
    Phone
    Fax
      

    Company Officer 1
    Principal's Name*
    Address 1*
    Address 2
    City*
    State/Province*
    Zip/Postal Code*
    Phone Number
      
    Company Officer 2
    Principal's Name
    Address 1
    Address 2
    City
    State/Province
    Zip/Postal Code
    Phone Number
      

    It is the policy of LAND ‘N' SEA DISTRIBUTING, INC. to sell to Marine, RV, and Powersports oriented businesses with sufficient repetitive volume (minimum $10,000.00 annually) to assure a mutually profitable relationship.

    CONDITIONS OF SALE:                    
     
    LAND ‘N' SEA DISTRIBUTING, INC. respectfully solicits the patronage of all approved accounts under the following legal and binding conditions of sale; 
     
    1.  Freight terms are F.O.B. shipping point unless otherwise stipulated.

    2.  Returns: No merchandise may be returned to us without prior written authorization. We will accept, after permission has been given, merchandise that may appear to be defective or merchandise shipped in error. Special orders, materials made to order, cut to length, etc.,cannot be cancelled and are not returnable. New and restockable merchandise without price marking and in its original packing may be returned within 15 days of purchase with no restock fee. Merchandise returned after 15 days will be subject to a 20% restocking fee which will be applied to your account. No returns accepted after 30 days. Invoice number and date is required for all returns.

    3.  Open Account (deferred) payment terms are NET 10th. Merchandise may also be purchased C.O.D. A service charge of 1.5% per month (18% per annum) will be assessed to all accounts with balances unpaid thirty days from the last day of the month of shipment. If account is referred to attorney for collection, Buyer agrees to pay all costs of collection, including but not limited to reasonable initial and/or appellate litigation fees collection and court costs in addition to the principle account balance owed. Title to all goods sold on credit shall remain with Seller until payment of the purchase price by Buyer. Where payment is made by check, title to the goods shall remain with Seller until such check is cleared.

    4. I certify that all items are being purchased for resale and that I am a merchant as that term is defined in the Uniform Commercial Code 

    5.  It is agreed that all invoices rendered to the undersigned will be payable to LAND ‘N' SEA DISTRIBUTING, INC. at 3131 N. Andrews Ave. Ext. Pompano Beach, FL 33064, and that in the event of default in payment any merchandise may be picked up, without prior notice, and any suit for collection may be brought in Broward County, Florida
      

    I authorize Brunswick Corporation to obtain a consumer credit report for the purpose of assessing my/our application for credit   
      
    I authorize Brunswick Corporation to obtain a consumer credit report for the purpose of assessing my/our application for credit   
      



    I have read the above Terms and Conditions of Sale and my signature below indicates my agreement with such Conditions


    Please use mouse to draw your Signature and click Save Signature button*
    Date*
    [MM/DD/YYYY]
    Name*
    Position*
      


    I have read the above Terms and Conditions of Sale and my signature below indicates my agreement with such Conditions


    Please use mouse to draw your Signature and click Save Signature button
    Date
    [MM/DD/YYYY]
    Name
    Postion
      

    PERSONAL GUARANTY AND  INDEMNITY 
     
    This Personal Guaranty and Indemnity (this 'Guaranty') is entered into by the undersigned (whether one or more, and together with his/her heirs, executors, administrators, legal representatives and assigns, each a 'Guarantor'), in favor of Brunswick Corporation, a Delaware corporation, whose address is 1 North Field Court, Lake Forest, Illinois 60045, on behalf of its Mercury Marine division and together with its successors and assigns ('Brunswick'). References to this Guaranty shall mean this Guaranty, including all amendments, modifications and supplements and any annexes, exhibits and schedules to any of the foregoing, and shall refer to this Guaranty as the same may be in effect at the time such reference becomes operative. 
     
     
    RECITALS 
     
     
    WHEREAS, to induce Brunswick, directly or  through  any  of  its  divisions,  subsidiaries or affiliates (hereinafter collectively 'Brunswick'), in its sole discretion, to extend or continue to extend credit to the company or business owned, operated or secured by Guarantor (together with its successors and assigns, the 'Customer'), in connection with the sale or lease of certain products, and because the Guarantor has determined that executing and delivering this Guaranty is in its interest and to its financial benefit, the Guarantor has agreed to execute and deliver this Guaranty  in order to guaranty the payment and full performance of any and all of the Guaranteed Obligations (as such term is hereinafter defined). 
     
    NOW, THEREFORE, in consideration of the business relations of the Guarantor with Brunswick and Customer and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Guarantor agrees as follows: 
     
    1. Guarantor hereby irrevocably, absolutely and unconditionally guarantees to Brunswick, and hereby becomes jointly and severally liable with the Customer, for the prompt and complete payment, delivery and performance when due (whether at stated maturity, by acceleration or otherwise) of all indebtedness, liabilities and obligations of Customer to Brunswick, whether present or future, primary or secondary, absolute or contingent, direct or indirect, several, joint or joint and several, derived from or which arise under, out of, or in connection with the extension of credit to Customer, together with any credit or loan agreements, notes, and documents evidencing same, together with expenses, costs and attorneys' fees, incurred by Brunswick in connection with the enforcement of this Guaranty (collectively, the 'Guaranteed Obligations'). Guarantor agrees that Brunswick may extend the Guaranteed Obligations for any period whether or not longer than the original period of the Guaranteed Obligations without notice to Guarantor and without affecting Guarantor's liability hereunder.  Guarantor hereby expressly agrees that Brunswick and Customer may from time to time amend or change the form and terms of the Guaranteed Obligations, or otherwise modify the terms of sale to Customer without giving notice of any such changes, modifications or amendments to Guarantor, and without in any way affecting Guarantor's liability hereunder. 
     
    2.  This is a guaranty of payment and not of collection. Brunswick may have immediate recourse against Guarantor for full and immediate payment of the Guaranteed Obligations at any time when the Guaranteed Obligations, or  any  portion,  has  not  been  paid  when  due  (whether  by  acceleration or otherwise) and Brunswick is not required to collect first from the Customer, any collateral or any other person liable for the Guaranteed Obligations.  No delay or stay in any acceleration of the Guaranteed Obligations, as against the Customer, due to the application of any bankruptcy, insolvency or other law or proceeding shall be effective under this Guaranty and Guarantor agrees to pay immediately any amount of the Guaranteed Obligations that would be due and payable but for such delay or stay.  The obligations of 
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    Guarantor set forth in this Guaranty constitute full recourse obligations of Guarantor, enforceable against Guarantor to the full extent of Guarantor's assets and properties. Guarantor may not assign this Guaranty without Brunswick's prior written consent, which consent may be withheld in Brunswick's sole and absolute discretion. 
     
    3.   If there is more than one Guarantor, the obligations under this Guaranty are joint and several. In addition, each Guarantor under this Guaranty shall be jointly and severally liable with any other guarantor of the Guaranteed Obligations.  If Brunswick elects to enforce its rights against fewer than all Guarantors  of  the  Guaranteed  Obligations,  that  election  does  not  release  the  Guarantor  from  its obligations under this Guaranty.  The compromise or release of any of the obligations of any of the other Guarantors or the Customer shall not serve to waive, alter or release the Guarantor's obligations. 
     
    4.  This Guaranty, and any agreement securing this Guaranty, shall continue to be effective, or shall be automatically reinstated, as the case may be, if at any time payment of all or any part of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by Brunswick upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Customer, or upon, or as a result of, the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Customer or any substantial part of the Customer's property, or for any other reason, all as though such payments had not been made. This Guaranty shall be and continue effective notwithstanding any inability or disability of any Customer to enter into or to incur the Guaranteed Obligations in whole or in part, and irrespective of the genuineness, validity, regularity and enforceability of the Guaranteed Obligations. 
     
    5.  If Guarantor fails to pay any amount owing under this Guaranty, Brunswick shall have all of the rights and remedies provided by law.  Guarantor is liable to Brunswick for all reasonable costs and expenses of any kind incurred in the collection of this Guaranty, including without limitation, reasonable attorneys' fees and court costs.   These costs and expenses include without limitation any costs or expenses incurred by Brunswick in any bankruptcy, reorganization, insolvency or other similar proceeding. 
     
    6.  The obligations of Guarantor hereunder may be secured by one or more security agreements, pledge agreements, mortgages, and deeds of trust or similar documents. Each payment to be made by the Guarantor under this Guaranty shall be made without withholding, set-off, counterclaim or defense. 
     
    7.  The provisions of this Guaranty are for the benefit of Brunswick and its respective successors, transferees, endorsees and assigns. In the event all or any part of the Guaranteed Obligations are transferred, endorsed or otherwise assigned by Brunswick to any person or persons, any reference to 'Brunswick' herein shall be deemed to refer equally to such person or persons. 
      The Guarantor hereby waives diligence, demand, protest and notices of any kind whatsoever. 
     
    9.  Guarantor agrees, at its expense and upon the written request of Brunswick, to do all such things and to execute and deliver to Brunswick, from time to time, any such additional instruments or documents reasonably considered necessary by Brunswick to cause this Guaranty to be, become or remain valid and effective in accordance with its terms. 
     
    10.  As an original and independent obligation under this Guaranty, Guarantor shall, and hereby expressly and irrevocably covenants and agrees to (i) indemnify Brunswick against all costs, losses, expenses and liabilities of whatever kind resulting from the failure by Customer to make due and punctual payment of any of the Guaranteed Obligations or resulting from any of the Guaranteed Obligations being or becoming void, voidable, unenforceable or ineffective against Customer (including without limitation, all reasonable legal and other costs, charges and expenses incurred by Brunswick in connection with preserving or enforcing, or attempting to preserve or enforce, its rights under this Guaranty), and (ii) pay 
    Page 3  
    on demand the full amount of such costs, losses, expenses and liabilities whether or not Brunswick has attempted to enforce any rights against Customer. 
     
    11.      This  Guaranty  shall  be   binding  upon  the   heirs,  executors,  administrators,  legal representatives and permitted assigns of Guarantor, and the rights and privileges of Brunswick under this Guaranty shall inure to the benefit of its successors and assigns. 
     
    12.  Any amendment of this Guaranty shall be in writing and shall require the signature of Guarantor and Brunswick.  Any waiver or consent to departure from compliance with this Guaranty must be in writing and signed by Brunswick. No delay on the part of Brunswick in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise of any right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy. 
     
    13.   The invalidity or unenforceability of any provision of this Guaranty shall not affect the validity or enforceability of the remaining provisions of this Guaranty. 
     
    14.  This Guaranty shall be construed in accordance with the laws of the State of Illinois (without giving effect to its conflicts of law rules). 
     
    15.  ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GUARANTY, SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN THE COURTS OF THE STATE OF ILLINOIS OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS; PROVIDED THAT ANY SUIT SEEKING ENFORCEMENT AGAINST ANY COLLATERAL OR OTHER PROPERTY MAY BE BROUGHT,  AT  BRUNSWICK'S  OPTION,  IN  THE  COURTS  OF  ANY  JURISDICTION WHERE SUCH COLLATERAL OR OTHER PROPERTY MAY BE FOUND.   GUARANTOR KNOWINGLY AND VOLUNTARILY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS GUARANTY OR THE GUARANTEED OBLIGATIONS. 
     
    16.   The undersigned Guarantor, recognizing that his or her credit history may be a necessary factor in the evaluation of this Guaranty, hereby consents to and authorizes the use of a consumer credit report on the undersigned, by Brunswick, from time to time as may be needed, in the credit evaluation process. 
     
    This Guaranty is dated and effective as of the date Guarantor electronically signs and agrees to be bound by the terms hereof. 
      

    I have read the attached Personal Guaranty & Indemnity and my signature below indicates my agreement to be bound by the terms and obligations of the Personal Guaranty and Indemnity

    Please use mouse to draw your Signature and click Save Signature button
    Guarantor’s Name
      
    I have read the attached Personal Guaranty & Indemnity and my signature below indicates my agreement to be bound by the terms and obligations of the Personal Guaranty and Indemnity
    Please use mouse to draw your Signature and click Save Signature button
    Guarantor's Name