New Customer Application

Liebherr USA, Co. lakeesha.deloatch@liebherr.com: Phone (757) 928-8737 Ext 2018; Fax (757) 928-8770
4100 Chestnut Avenue charlotte.leo@liebherr.com: Phone (757) 928-8737 Ext 8148; Fax (757) 928-8770
Newport News, VA 23607 juan.ramirezmolina@liebherr.com: Phone (757) 928-8737 Ext 2009; Fax (757) 928-8770
mark.teagle@liebherr.com : Phone (757) 928-8737 Ext 8006: Fax (757) 928-8770

A. APPLICANT (Business name or name of owner if sole proprietorship)

Business Name (dba)

o Corporation o Partnership o Sole Proprietorship o Limited Liability Company

Billing Address – Line 1 Line 2

City State/Province Country Zip- (plus 4)

Phone Fax Date Business Started

( ) ( )
Delivery Address – Line 1 Line 2

City State/Province Country Zip- (plus 4)

Contact Name Phone Fax Email

( ) ( )
Estimated Annual Purchases No. of Employees Federal Tax ID#/Employer ID#
Unsecured $ ________________
Secured $ __________________

Will you be requesting credit? (If no, complete sections B, C and G for Credit Card Authorization.)
Yes No Amount? $

B. Contact Information
Accounts Payable - Name Email Phone Fax
( ) ( )

Do you prefer your invoices emailed? Invoice Processing Email

Yes No
Purchasing - Name Email Phone Fax
( ) ( )
Do you require a Purchase Order number on all orders given to us?
Yes No
Liebherr USA, Co. New Customer Application

C. Sales Tax
Sales Tax Status: (required) ** All sales are subject to sales tax if certificates are not received.
o Tax Exempt o Non-Taxable – Resale o Foreign (Outside US)
Provide exemption certificate Provide resale certificate
Liebherr USA, Co collects sales tax in the following states only: AL, AZ, AR, CA, CO, DC, DE, FL, GA, IL, IN, IA, KY, KS, LA,
MA, MD, MI, MN, MO, NC, ND, NJ, NM, NY, NV, OH, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI and WY
*Attached Multi-jurisdiction certificate is not valid for DE, MA, NY, VA or WY. If exempt in these states, please attach state certificates.

o One-time exemption of machine (include sales order, purchase order or machine number)

o Continual/Overall exemption

D. Information Concerning Principal Owner(s) of Business

Name Phone
( )
Address Ownership

City State Zip Title

Name Phone
( )
Address Ownership

City State Zip Title

E. Trade References
Trade Name Acct# Phone Fax
( ) ( )
Address Email

City State Zip High Credit Date Of Last Terms

$ Purchase
Trade Name Acct# Phone Fax
( ) ( )
Address Email

City State Zip High Credit Date Of Last Terms

$ Purchase
Trade Name Acct# Phone Fax
( ) ( )
Address Email

City State Zip High Credit Date Of Last Terms

$ Purchase

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Liebherr USA, Co. New Customer Application

F. Bank References
Bank Name Phone Fax
( ) ( )
Address Account No.

City State Zip Email

Outstanding Loans? Bank Officer

Yes No
Bank Name Phone Fax
( ) ( )
Address Account No.

City State Zip Email

Outstanding Loans? Bank Officer

Yes No

G. Cash on Delivery
Upon signing this you are agreeing to pay COD or Prepaid net terms only. If for any reason the account results to be
forwarded to collections, you will be responsible for the interest and all fees incurred.
Credit Card information:

Type (circle one): Visa MasterCard American Express

Number: Expiration Date:

Cardholder Name:

I hereby authorize Liebherr USA, Co. to charge to the credit card listed above. This authorization is
considered valid until Liebherr USA, Co. receives written notification for change or cancellation.

Signature Printed Name

Title Date

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Liebherr USA, Co. New Customer Application

H. Application Agreement
Agreement
The information contained in this application and all financial data submitted in connection herewith is for the
purpose of obtaining credit and is represented by the applicant to be true and complete. The applicant authorizes
Liebherr USA, Company to investigate all credit references, to include obtaining credit reports from a Credit Bureau,
and any other matters pertaining to its financial responsibility. A signature constitutes acceptance of the terms and
conditions stated on page 5. A Corporate Officer, Partner or Owner must sign this agreement.

____________________________________ ________________________________
Signed By Authorized Representative Title

________________________________________________________ __________________________________________________
Name (Please Print) Date

For Official Use Only

Credit Amount Approved $__________________ Approved by_________________________

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Liebherr USA, Co. New Customer Application
GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE
1. Exclusive Terms/Entire Agreement. These terms and conditions (“General Terms”) apply to all goods and services (collectively, the “Goods and Services”) provided by
Liebherr USA, Co. (“Liebherr”) for the purchaser (“Buyer”) under the attached purchase order, quotation, or order acknowledgement (“Order”) or invoice. Together with the Order, if any,
and Liebherr’s invoice, these General Terms constitute the entire agreement between the parties with respect to the purchase of the applicable Goods and Services (the “Agreement”). The
parties are not relying upon any statements or representations not contained in the Agreement. Any purchase order sent by Buyer will be deemed an offer, which is only accepted when
confirmed by Liebherr’s written Order Acknowledgement. To the extent that any Buyer purchase order is inconsistent with these General Terms or contains additional terms, these
General Terms will control, and Liebherr expressly rejects any such additional or conflicting terms and conditions.
2. Payment Terms/Taxes. Unless otherwise noted on the Order or Liebherr’s invoice, Buyer’s payment for the Goods and Services will be made to Liebherr, without deduction
or setoff, within thirty (30) days after invoice date. Any amount is not paid by the due date, will bear interest from the date due until paid at the rate of the lesser of 1.5% per month or the
maximum amount permitted by law. If Buyer disputes an invoice, it must inform Liebherr within ten (10) business days after date of invoice, including the nature of the dispute. Buyer
will pay the undisputed amount within the thirty (30) days after date of invoice. Buyer agrees to pay all expenses of collection, including reasonable attorneys’ fees if amounts owing by
Buyer are submitted for collection. Liebherr’s charge for Goods and Services does not include any sales, use, excise or other taxes payable to any governmental authority with respect to
the provision of Goods and Services. Buyer will pay the amount of such taxes and/or reimburse Liebherr promptly for the amount that Liebherr may be required to pay on behalf of Buyer.
3. Drawings; Data; Instructions. All illustrations, drawings, specifications of weight, capacity and consumption data and other data concerning the Goods are approximate unless
otherwise expressly stated in the Order. All such materials and other documents of Liebherr, and the copyright therein, relating to the Order are and will remain the property of Liebherr.
No such materials or documents or the contents thereof will be disclosed or made accessible by Buyer to any other person without the prior written consent of Liebherr, in its sole
discretion. In providing Services, Liebherr’s technicians will be entitled to rely on the Buyer’s instructions, guidance, and directions.
4. Delivery of Goods. Liebherr will arrange delivery of Goods at Buyer’s risk and expense as set forth in the Order (or, if not specified, FOB Liebherr’s facility). Liebherr will
use commercially reasonable efforts to meet the delivery date; however, such delivery date is an estimate only and Liebherr will not be liable for any delay. Liebherr may make delivery in
installments, which may be separately invoiced. If Buyer requests a delay in delivery, Buyer will pay all reasonable charges for packing, storing and insuring the Goods pending delivery.
Liebherr’s prices for Goods are ex works Liebherr’s service location, unpacked and uninsured. Liebherr may revise any prices on any unshipped Goods by giving Buyer written notice
thereof. Buyer must notify Liebherr in writing prior to the date on which such Goods are shipped if Buyer is unwilling to accept the revised price(s) or Buyer will be deemed to have
agreed to such revision. If Buyer does so notify Liebherr, Liebherr may perform the contract at the original Order price or cancel the remaining portion of the Order.
5. Acceptance of Goods. Buyer will inspect the Goods immediately upon receipt and will have thirty (30) days thereafter to give written notice to Liebherr of any claim that the
Goods are of insufficient quantity, do not conform to the agreed upon terms and/or that they contain material defects. If Buyer fails to give such notice, Buyer will be deemed to have
accepted the Goods as conforming to the Agreement. Buyer waives any rights Buyer may have otherwise had after the expiration of such thirty (30) day period to revoke acceptance or
claim breach of warranty with respect to any material defects that could have been discovered with reasonable diligence upon such inspection.
6. Cancellation of Orders/Returned Goods. No Order may be reduced or cancelled without prior written consent by Liebherr, in Liebherr’s sole discretion. Any returned Goods
will be subject to inspection and approval for restocking by Liebherr. Liebherr is not obligated to accept or provide Buyer with any credit for Goods that do not pass inspection or that are
returned to a facility other than Liebherr’s designated facility or more than thirty (30) days after initial delivery to Buyer. Buyer will pay a twenty percent (20%) restocking fee on all
returned Goods. If Liebherr determines that a returned part needs to be remanufactured in order to be resold, Buyer will be liable for the remanufacturing costs. Consumables, including,
but not limited to filters and wire ropes, cannot be returned.
7. Force Majeure. Liebherr will not be liable for any delay in or impairment of performance resulting in whole or in part from fires, floods, earthquakes, or other catastrophes;
strikes, lockouts or labor disruptions; wars, riots, civil commotion, vandalism, terrorist acts, or embargo delays; government allocations or priorities; shortages, delays or failures of
transportation equipment; shortages of fuel, labor or materials; severe weather conditions; any applicable governmental or judicial law, regulation, order or decree, or any other
circumstance or cause beyond the reasonable control of Liebherr. In any such event, Liebherr’s performance obligation will be suspended until such time as it can reasonably resume work.
8. Security Interest. Buyer grants to Liebherr a security interest in the Goods and all Proceeds (as defined in the Uniform Commercial Code), which security interest will survive
until payment in full for the Goods. Buyer will notify Liebherr in writing within thirty (30) days of any change of Buyer’s name or state of organization and take such other action as
Liebherr deems necessary to protect its security interest.
9. Warranty. For Goods Orders, Liebherr warrants all new Liebherr Goods to be free from defects in material and workmanship for a period of six (6) months after the date of
shipment. Buyer’s sole remedy under this warranty will be the repair or replacement of any part acknowledged by Liebherr to be defective within the warranty period, at Liebherr’s
expense.
Unless otherwise determined by Liebherr, repairs to or replacement of defective Goods will be made by Liebherr. If Liebherr determines to ship Buyer a part for replacement by Buyer,
Buyer must have the defective part returned to Liebherr within fifteen (15) days after Liebherr ships the replacement part to Buyer, or else Buyer will be liable to pay Liebherr’s then-
current list price for the replacement part. This warranty will not apply to (1) consumables, including, without limitation, filters and wire ropes, (2) normal maintenance services, or (3) any
product that has been damaged in any accident by fire, flood, or any act of God or abused or misused or that has been repaired or altered by anyone other than Liebherr. For service Orders,
Liebherr warrants that all services will be performed in a workmanlike manner. Any claim for beach of this warranty must be made within six (6) months after the date of performance of
the services. Buyer’s sole remedy in the event of a breach of this warranty will be re-performance of the services by Liebherr at Liebherr’s expense. THESE WARRANTIES ARE THE
ONLY WARRANTIES APPLICABLE TO ANY GOODS AND SERVICES AND ARE EXPRESSLY IN LIEU OF ANY WARRANTIES OR CONDITIONS OTHERWISE IMPLIED
BY LAW (INCLUDING ANY WARRANTIES OTHERWISE IMPLIED BY LAW BY THE MANUFACTURER OF THE GOODS OR ITS COMPONENT SUPPLIERS),
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES STATED
HEREIN ARE THE ONLY REMEDIES AVAILABLE..
10. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THE AGREEMENT THAT MAY BE CONSTRUED TO THE CONTRARY (a) IN NO EVENT WILL
LIEBHERR, THE MANUFACTURER OF THE GOODS, ITS COMPONENT SUPPLIERS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, OR AGENTS (THE “LIEBHERR PARTIES”), BE LIABLE FOR ANY DELAY, WORK STOPPAGE, LOSS OF USE OF MACHINERY, LOSS OF TIME,
INCONVENIENCE, LOSS OF PROFITS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM, ATTRIBUTABLE
TO, OR BASED ON DEFECTS IN THE GOODS AND SERVICES, NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OR OTHER TORT, WARRANTY, CONTRACT,
INDEMNITY, BREACH OF ANY PROMISE TO REPAIR OR REPLACE THAT MAY BE CONTAINED HEREIN, STRICT LIABILITY OR OTHERWISE, and (b) THE
MAXIMUM AGGREGATE LIABILITY, IF ANY, OF THE LIEBHERR PARTIES FOR ALL DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ALL CONTRACT
DAMAGES, WHETHER RESULTING FROM, ATTRIBUTABLE TO, OR BASED ON DEFECTS IN THE GOODS AND SERVICES, NEGLIGENCE (INCLUDING GROSS
NEGLIGENCE) OR OTHER TORT, WARRANTY, CONTRACT, INDEMNITY, BREACH OF ANY PROMISE TO REPAIR OR REPLACE THAT MAY BE CONTAINED
HEREIN, STRICT LIABILITY OR OTHERWISE WITH RESPECT TO ANY GOODS AND SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE
PARTICULAR DEFECTIVE GOODS AND SERVICES.
11. Patent and Copyright Indemnity. If a suit is brought by a third party against Buyer based upon a claim of infringement of a United States patent or copyright resulting from
the sale or use of any Goods, Buyer will immediately notify Liebherr of any such claim or suit; allow Liebherr and its affiliates exclusive control over the defense and/or settlement of any
such claim or suit, and cooperate with Liebherr and its affiliates in the defense and/or settlement of any such claim or suit. In the event a final judgment is obtained against Buyer’s use of
any Goods, Liebherr and its affiliates may, at their option and expense, obtain the right to continued use, substitute substantially equivalent noninfringing goods, or take back any
infringing Goods in Buyer’s possession and refund the purchase price less a reasonable charge for use. Neither Liebherr nor its affiliates will have any liability or obligation to Buyer for
any settlement or compromise of any suit or claim made without Liebherr’s express written consent or for any infringement claim or suit to the extent based upon the use of the Goods in
connection with or in combination with any equipment, devices or software not supplied by Liebherr or its affiliates, or use of the Goods in a manner other than as specified in Liebherr’s
or its affiliates’ operations manual. THE FOREGOING STATES LIEBHERR’S AND ITS AFFILIATES’ ENTIRE LIABILITY FOR PATENT AND COPYRIGHT INFRINGEMENT
CLAIMS BASED UPON THE SALE OR USE OF THE GOODS.
12. Miscellaneous. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective successors and assigns. Buyer may not assign its rights
under the Agreement without Liebherr’s prior written consent, in its sole discretion. The Agreement will be governed by the laws of the Commonwealth of Virginia, without reference to
its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods, and the 1974 Convention on the Limitation Period in the International Sale of
Goods, as amended by the 1980 Vienna Protocol, swill not apply. If any provision of the Agreement conflicts with any statute or rule of law of any jurisdiction wherein it may be sought to
be enforced, then such provision will be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions of the Agreement. No
modification of the Agreement will be binding upon Liebherr unless it is in writing, is signed by an authorized representative of Liebherr; and refers specifically to the Agreement and the
portion(s) of such agreement it is intended to modify. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY
JURY WITH RESPECT TO ANY DISPUTE, CLAIM OR CONTROVERSY BASED ON THE AGREEMENT OR THE GOODS OR SERVICES. In the event of any suit, action or
proceeding of the nature referred to in the Agreement, the prevailing party will be entitled to its reasonable attorney fees, costs, and expenses incurred in such dispute, including any appeal
thereof. The following provisions of the Agreement will survive its termination for any reason: Sections 1 - 3, and 6 - 12.
Revised 26 June 2017 Liebherr USA, Co.,
I-1481217.2
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