TERM AND CONDITIONS FOR CARDLOCK USE

1. All purchases shall be for vehicles owned and operated by the Purchaser.
2. Purchaser shall be responsible for all purchases by Purchaser or any other person using cardlock cards issued to Purchaser, regardless of whether use by any other person is unauthorized or fraudulent.
3. Purchaser shall immediately notify Sampson-Bladen Oil Company of lost or stolen cards.
4. Purchaser shall immediately notify Sampson-Bladen Oil Company of any change in ownership or the sale of substantially all assets. Sampson-Bladen Oil Company shall have a lien on assets to secure payment of amounts owed to Sampson-Bladen Oil Company.
5. Purchaser represents that it and any person using the cardlock cards delivered to Purchaser are and shall be aware of the proper use of the cardlock system and shall use safe practices in compliance with the regulations of the local Fire Code in handling of the fuels dispensed from the cardlock system. Purchaser agrees to indemnify and hold Sampson-Bladen Oil Company harmless from any claims and costs including, but expressly not limited to, those for bodily injury and property damage which may be occasioned by the negligence or misuse of the cardlock system by Purchaser or any person using the cardlock system with cardlock cards delivered to Purchaser hereunder.
6. Suppliers shall use their best efforts to maintain the cardlock systems in good working order and condition at their expense provided however, Suppliers shall not be responsible for any damage or loss that may result from their failure to provide fuel or the failure of the cardlock systems in any manner whatsoever. Purchaser agrees that it and any person using the cardlock cards delivered to Purchaser shall promptly notify Suppliers of any malfunctioning of the cardlock systems of which Purchaser is aware or such person is aware.
7. Purchaser' right to purchase fuel through the cardlock system may be terminated immediately upon any breach of any of the terms hereof or of any other agreement with Sampson-Bladen Oil Company. Upon termination Purchaser agrees to immediately surrender all cardlock cards issued to Purchaser and to immediately pay all outstanding amounts owed to Sampson-Bladen Oil Company. Sampson-Bladen Oil Company shall refund any deposit to Purchaser when all cards are returned and all amounts owed to Sampson-Bladen Oil Company are paid in full.
8. In the event of a breach of any of the terms of this agreement or any other agreement between Purchaser and Sampson-Bladen Oil Company, including but expressly not limited to failure to pay amounts owed to Sampson-Bladen Oil Company when due, then in addition to any other amounts due or payable to Sampson-Bladen Oil Company in the enforcement of Sampson-Bladen Oil Company's rights even though no suit or action is filed.
9. In the events that any legal action is required to collect from Purchaser, Sampson-Bladen Oil Company shall determine venue for such legal actions.
10. All terms and conditions of this Agreement shall cover Purchaser' account as well as all of Purchaser' branch accounts whether established now or in the future.