Ibm Credit Corporation Installment Payment Master Agreement

IBM Credit Corporation Installment Payment Master Agreement


Thank you for doing business with us. We are committed to providing you
with the highest quality financial offerings. If, at any time, you have
any questions or problems, please let us know.


This Installment Payment Master Agreement (called the "Agreement")
covers the terms and conditions under which we finance various charges.


This Agreement has four parts:


Part 1 - Definitions;
Part 2 - Our Offerings;
Part 3 - Payment; and
Part 4 - General.


The specific amount financed, the interest rate charged, and the period
over which the amount is financed are together referred to as an
Installment Payment Transaction (called the "Transaction"). Each
Transaction is listed as a separate line item on a Supplement to this
Agreement. A Supplement may contain additional terms for its
Transactions. You agree to those terms by signing the Supplement. Each
Transaction is contingent upon a review of your credit by us.


This Agreement and its applicable Supplements are the complete
agreement regarding the Transactions and replace any prior oral or
written communications between both parties.


By signing below, both parties agree to the terms of this Agreement.
Once signed, any reproduction of this Agreement or a Supplement made by
reliable means (for example, photocopy or facsimile) is considered an
original.


Agreed to: Agreed to:
Petco Animal Supplies Inc IBM Credit Corporation
Stamford, Connecticut 06904-2399


By By
Authorized Signature Authorized Signature
Name (type or print): Name (type or print):


Date: Date:


Customer number: 7083749 Agreement number: 7116026


IBM Office number: pAH


Customer Address: IBM Office address:
9125 Rehco Rd. 4800 FALLS OF THE NEUSE RD
San Diego, CA 92121-2270 RALEIGH NC 27609-5491


Page 1 of 6


IBM Credit Corporation Installment Payment Master Agreement


Part I - Definitions


1.1 Definitions


Addition is any Machine or Program associated with a Machine
previously financed under this Agreement. Customer-set-up
Machine is an IBM Machine that you set up according to IBM
instructions. Date of Installation is the following:


1. for a Machine -


a. the business day after the day IBM installs it or, if
you defer installation, makes it available to you for
installation; or


b. the second business day after the end of the standard
transit allowance period for a Customer-set-up
Machine or a non-IBM Machine.


2. for a Program, the latest of -


a. the day after its testing period ends;


b. 10 days after ISIC4 ships it; or


C. the day you are authorized to make an Additional License
Copy or a copy of a Distributed Feature.


Machine is a machine, its features, conversions, upgrades,
elements, or accessories, or any combination of them. We use
the terms "IBM Machine" and "non-IBM Machine" if applicable.


Modification is any IBM field installable upgrade, feature or
accessory added to any Machine. Planning Date is the date
stated in the Supplement that financing for each Transaction
is scheduled to begin. For a Machine, it is the estimated date
the Machine will be put into service. For a Program, it is the
estimated Date of Installation. For all other financed
charges, it is the date you choose for the financing to begin.


Product is a Machine or a Program.


Program is all the following, including features and any whole
or partial copies:


1. machine-readable instructions;


2. a collection of machine-readable data, such as a data base;
and


3. related materials, including documentation and listings, in
any form.


Service is assistance or use of a resource (such as a
network).


Term is the number of payment periods stated in the
Supplement. The Term of a Transaction begins on the date
interest starts. It ends on the last day of the last payment
period. If you prepay a Transaction, its Term ends when you
complete the prepayment.


You and Your refer to you, the Customer. You must be a
commercial business.


We, Us and Our refer to:


1. IBM Credit Corporation (IBM Credit), a wholly owned
subsidiary of International Business Machines Corporation
(IBM)-


2. a partnership in which IBM Credit is a partner, or


3. a business enterprise for which IBM Credit is an agent.


IBM Credit will remain as the active manager for all matters
under this Agreement.


Page 2 of 6


IBM Credit Corporation Installment Payment Master Agreement


Part 2 - Our Offerings


2-1 Machines


We finance charges for Machines you purchase from IBM or us.
For a Machine we finance, you agree to:


1. keep the Machine free from encumbrances of any kind,
except those established by us under this Agreement, or
by you with our prior written consent;


2. promptly pay all taxes, interest, and other charges
associated with the Machine, excluding taxes based on
our net income; and


3. keep the Machine in good operating condition.


2.2 Modifications and Additions


We finance charges for Modifications and Additions you
purchase from IBM or us. For Modifications and Additions we
finance, you agree to:


1. ensure that the Machine with which the Modifications
...