Les Schwab Credit Application

This policy describes how Les Schwab Tire Centers and Affiliated Dealers (collectively “Les Schwab Tire Centers”) delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.

Electronic Delivery of Communications:

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Les Schwab Account and your use of the Services. Communications include:

• Terms of use and policies you agree to (e.g., the Les Schwab Retail Credit Plan and Security Agreement), including updates to these agreements or policies;
• Account details, transaction history, balance statements, payment statements, transaction receipts, confirmations, and any other Account or transaction information;
• Legal, regulatory, and tax notices, disclosures or statements we may be required to make available to you; and
• Responses to claims or customer support inquiries filed in connection with your retail credit account.

We will provide these Communications to you by posting them on the Les Schwab website, by calling you the phone number listed in your Les Schwab Account or emailing you at the primary email address listed in your Les Schwab Account.

Hardware and Software Requirements:

In order to access and retain electronic Communications, you will need the following computer hardware and software:

• A device with Internet connectivity;
• A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
• A current version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader). You can obtain Adobe® Acrobat® Reader here;
• A valid email address (your primary email address on file with Les Schwab); and
• A device with an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.

How to Withdraw Your Consent:

You may withdraw your consent to receive Communications electronically by emailing us at emailsupport@lesschwab.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, Les Schwab reserves the right to charge you additional fees for paper copies.

Updating your Information:

It is your responsibility to provide us with a true, accurate and complete email address and other contact information, and to keep such information up to date. You understand and agree that if Les Schwab sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Les Schwab will be deemed to have provided the Communication to you.

You may update your information by contacting our credit department at:

Phone: (844) 486-5252

Last Updated: July 2019

NOTICE: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof; recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

1. From time to time I/We, the undersigned (collectively “Applicant”), intend to purchase goods and services from Les Schwab Tire Centers/Affiliated Dealers (“Seller”). Upon prior approval by Seller, all such purchases will be governed by this Retail Credit Plan and Security Agreement (“Agreement”). The term “Seller” in this Agreement includes Seller and all affiliates of Seller. The words I, me and my, mean each and all of those who sign and/or enter this Agreement or otherwise agree to be bound by the terms of this Agreement. If more than one person signs this Agreement, and/or otherwise agrees to be bound by the terms of this Agreement, all obligations will be joint and several.
2. Applicant hereby grants Seller a purchase money security interest in all goods purchased from Seller under this Agreement to secure my performance of this Agreement. The purchase money security interest will continue in the specific goods purchased only until such time as the agreed purchase price has been paid. These security interests include security interests in all accessions, parts and additions to these goods and all proceeds, including insurance proceeds. Applicant agrees to execute any document(s) necessary to perfect the security interests and consents to and authorizes Seller to file any financing statements or other instruments that Seller deems appropriate and reasonably necessary to perfect the security interests provided hereby.
3. NOTICE TO APPLICANT
   1. Do not sign this contract before you read it or if any spaces intended for the agreed terms, except as to unavailable information, are blank.
   2. You are entitled to a copy of this contract at the time you sign it.
   3. You may at any time pay off the full unpaid balance due under this contract and in doing so you may receive partial rebate of the FINANCE CHARGE set forth herein.
   4. The FINANCE CHARGE set forth herein does not exceed 18% PER ANNUM computed daily.
   5. You may cancel any purchases made under this Agreement if the Seller or his representative solicited in person such purchase, and you sign an agreement for such purchase, at a place other than the Seller’s business address shown on the Agreement, by sending notice of such cancellation by certified mail return receipt requested to the Seller at his address shown on the Agreement, which notice shall be posted no later than midnight of the third day (excluding Sundays and holidays) following your signing of the purchase agreement. If you choose to cancel this purchase, you must return or make available to Seller any merchandise, in its original condition, received by you under this purchase agreement.
4. EVERYTHING STATED IN THIS APPLICATION/AGREEMENT IS TRUE, CORRECT, AND COMPLETE. I HEREBY AUTHORIZE SELLER TO OBTAIN INFORMATION ABOUT ME FROM SELLER’S AFFILIATES, MEMBER DEALERS, CREDIT REPORTING COMPANIES OR OTHERS WHO HAVE PRIOR CREDIT EXPERIENCE OR INFORMATION ABOUT ME SUCH AS EMPLOYMENT VERIFICATION, PUBLIC RECORDS, INCLUDING BUT NOT LIMITED TO MOTOR VEHICLE RECORDS. I ACKNOWLEDGE I HAVE READ AND RECEIVED A COMPLETED TRUE COPY OF THIS AGREEMENT BEFORE SIGNING BELOW. I AGREE TO ALL TERMS AND CONDITIONS CONTAINED WITHIN THIS APPLICATION/AGREEMENT.
5. I agree to pay Seller for all purchases made by me and by others I have allowed to make purchases under this Agreement. When I have a balance due Seller, Seller will bill me after the 25th of each month for all previous unpaid purchases. The monthly statement will set forth my total unpaid balance and my minimum monthly payment if applicable. Before the 15th day (20th day after statement closing in California) of each month following purchases, I agree to pay Seller either the total unpaid balance or the applicable specified minimum monthly payment as follows:

    

   (A)
   Ending Monthly Balance	Minimum Payment Due
   $0.01 - $10.00	Balance
   $10.01 - $50.00	$10.00
   $50.01 - $100.00	$15.00
   $100.01 - $250.00	$25.00
   $250.01 - $500.00	$50.00
   $500.01 - $1,500.00	$75.00
   $1,500.01 - $2,500.00	$150.00
   Over $2,500.00	1/3 of Balance

   (B)
   Minimum Monthly Payment Is:
   5% of the original purchase price or 5% the highest monthly statement balance, whichever is greater (or as otherwise agreed); plus monthly FINANCE CHARGE

   (C)
   90 Days Same As Cash
   If I pay for purchases within 90 days of the purchase date, FINANCE CHARGES added to the unpaid balance will be reversed. If I do not pay for the purchases within 90 days of the date of purchase, Seller will add a FINANCE CHARGE to my account beginning as of the billing date shown on the monthly statement for the month in which Buyer made the oldest purchase and the account shall revert to Option V. (A) herein.

   (D)
   | |
   If no box is checked, I will pay under the provision of Section V. Option (A) herein.

    

6. Les Schwab Tire Centers/Affiliated Dealers is committed to protecting your financial privacy. For information regarding Les Schwab’s Privacy Policy, please contact Les Schwab Tire Centers Credit Department at P.O. Box 5350, Bend, Oregon 97708, (541) 416-5140, or visit any Les Schwab Tire Center/Affiliated Dealer
7. My payments will be applied as follows:
   1. First, to unpaid late payment fees.
   2. Then, to any applicable FINANCE CHARGE.
   3. Then, to items first purchased.
   4. If I buy more than one item at the same time, the lowest priced item will be paid first.
   5. All down payments will be applied to services rendered and then to items purchased simultaneously with the down payment.
8. I agree all items purchased under this Agreement are for personal, family, household use.
9. If I fail to perform as agreed, if Seller reasonably deems itself unsecure, or if I am otherwise in default, Seller may take any action allowed under applicable law including without limitation:

   NOTICE: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof; recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

   1. Seller may declare everything I owe immediately due and payable without further notice.
   2. I agree to immediately assemble and make available to Seller, and Seller may take back any goods under this Agreement. Seller may enter my driveway, garage or similar property without further permission from me.
   3. I agree to pay all fees, costs, and expenses of collections, and/or fees, costs and expenses of restocking, special order, repossessing the goods, selling them, and all fees, costs and expenses of any other efforts to collect what I owe to the fullest extent allowed under applicable law.
   4. I agree to pay Seller’s attorney fees, costs and expenses, whether or not there is a lawsuit, and I agree to pay Seller’s attorney fees, court costs and expenses, both at trial and on appeal to the fullest extent allowed under applicable law. Additionally, I understand the post judgment FINANCE CHARGE IS 18% PER ANNUM.
   5. I agree that my bank account may be debited electronically for the face amount of a returned check and for the returned check fee if any payment tendered by Buyer is returned to Seller unpaid. The return check fee will appear as a charge on the monthly statement in the month the check is returned to Seller.
10. If incurred, I agree to pay Seller’s extraordinary administrative costs (postage and handling fees, telephone expense, correspondence fees, photocopy expense or other costs) associated with my account.
11. All remedies shall be cumulative. Failure of Seller to exercise a remedy shall not waive that remedy.
12. Seller may change the terms of this Agreement including, but not limited to, the FINANCE CHARGE, and the applicable ANNUAL PERCENTAGE RATE or RATES, the method of figuring the balance on which the FINANCE CHARGE is applied, the minimum monthly payment required, and/or the closing date and length of the monthly billing cycle, by mailing a notice of the change(s) to me as required by applicable law.
13. If you are a Les Schwab employee purchasing under the Les Schwab Retail Credit Plan, the following applies: All Unpaid Balances Are Due And Payable Upon Termination Of Employment. I understand and agree that if my employment with Les Schwab terminates, for any reason, any unpaid balance on this Retail Credit Plan will become immediately due and payable, even if such a balance would not otherwise be due. I also agree that Les Schwab, as my employer, may deduct from my final paycheck or other compensation that is already due and owing at the time of the termination of my employment, the entire unpaid balance of my account.
14. EXCEPT AS EXPRESSLY SET FORTH IN WRITING AND SIGNED BY SELLER, SELLER PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF FITNESS OR MERCHANTABILITY, FOR ANY GOODS OR SERVICES AND THE EXPRESS WARRANTIES PROVIDED SHALL BE IN LIEU OF ANY OTHER SUCH WARRANTIES. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES OF ANY NATURE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT OF DEFAULT, ALL PROVISIONS OF SELLER’S WARRANTIES BECOME NULL AND VOID. IF ANY PROVISION IS FOUND UNENFORCEABLE THE REMAINDER OF THE AGREEMENT SHALL REMAIN ENFORCEABLE.

NOTICE: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof; recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Important Disclosures:

• Annual Percentage Rate (APR): A fixed rate of 18% (eighteen percent) per annum (0.04931% daily periodic rate)
• Minimum Finance Charge: $0.50 or 18.0% APR whichever is greater on average daily balance over $10.00
• Grace Period: If Buyer pays the total new balance on Seller’s monthly statement before Seller’s next statement closing date, no FINANCE CHARGE will be added to the new balance
• Finance Charge Computation: Daily Balance (including new purchases)*
• Membership Fees (annual, periodic, maintenance and/or transaction): None
• Returned Check Fee: 20.00 or maximum allowed by applicable state law, whichever is greater
• Late Payment Fee: Up to $15.00 for Oregon, Washington, Colorado, Nevada, Alaska, Utah and Idaho residents, or up to $10.00 for Wyoming, California and Montana residents if payment is not made within 10 days (15 days in Idaho) of the date due
• Over Credit Limit Fee: None

*Seller will compute the MONTHLY FINANCE CHARGE as follows: Each day in the billing cycle Seller will take the beginning balance of my account including any remaining balance from unpaid invoices, add any new purchases or charges, and subtract any payment(s) or credit(s). This gives the “Daily Balance.” To compute the periodic FINANCE CHARGE Seller will multiply the Daily Balance by a daily periodic rate of 0.04931 percent (the “DAILY FINANCE CHARGE”). Seller will each day add the DAILY FINANCE CHARGE to my balance. This will be the beginning balance for the next day. My monthly FINANCE CHARGE will be the sum of the DAILY FINANCE CHARGES that accrue during the billing cycle.

In Case of Errors or Inquiries about Your Les Schwab Tire Centers/Affiliated Dealers Bill

YOUR BILLING RIGHTS.
KEEP THIS NOTICE FOR FUTURE USE

This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.

Notify us in Case of Errors or Questions About Your Bill
Your Rights and Our Responsibilities After We Receive Your Written Notice:

If you think your bill is wrong, paid in full, or if you need more information about a transaction on your bill, write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. Send your notice of error or inquiry to:

In your letter, give us the following information:

• Your name and account number
• The dollar amount of the suspected error
• Describe the error and explain, if you can, why you believe there is an error.

If you need more information, describe the item you are not sure about. If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur.

We will acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we will either correct the error or explain why the bill was correct.

After we receive your letter, we will not try to collect any amount you question, or report you as delinquent. We will continue to bill you for the amount you question, including finance charges, and we will apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.

If we find that we made a mistake on your bill, you will not have to pay finance charges related to the error. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payment on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due.

If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we will tell anyone we report you to that you have a question about your bill. And, we will tell you the name of anyone we reported you to. We will tell anyone we report you to that the matter has been settled between us when it finally is.

If we do not follow these rules, we cannot collect the first $50.00 of the questioned amount, even if your bill was correct.

Special Rules for Credit Card Purchases:

If you have a problem with the quality of property or services you purchased with a credit card and you have tried in good faith to correct the problem with us, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right:

1. You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and,
2. The purchase price must have been more than $50.00.

These limitations do not apply if we own or operated the merchant, or if we mailed you the advertisement for the property or services.

Since Les Schwab Tire Centers/Affiliated Dealers own their billed accounts, these limitations may not apply.

You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Les Schwab Tire Centers/Affiliated Dealers Retail Credit Plan And Security Agreement Last Updated: September 2019