The undersigned customer (“Customer”) has applied to GJ Chemical Co., Inc. (“Seller”) for an account to which
Customer may charge purchases of goods or services by Seller. In consideration for the extension of credit privileges
to Customer, it is hereby agreed that the following terms and conditions apply to all approved charges made to
Each sale to Customer’s account is complete and binding and non-cancelable by Customer upon acceptance
by Seller. Nothing in this Agreement shall obligate Seller to extend credit to Customer at any time.
All accounts will have a maximum credit limit, established at the time of approval and reviewed from time
to time, which cannot be exceeded without the approval of a manager of Seller. In certain circumstances where the
credit limit has been exceeded, Seller may restrict account purchases until a payment is received in order to reduce the
outstanding balance owed.
Customer certifies that it will and can pay the entire account balance due and payable to Seller withing thirty
(30) days of each invoice date. Any suspected error or discrepancy in billing must be reported to Seller immediately upon
receipt of the invoice. Failure to do so may jeopardize account status. Payment is not contingent upon the collection
of funds by the Customer from a third party.
A service charge of one- and one-half percent (1.5%) per month (or eighteen percent (18%) per annum) or
the highest legal rate, whichever is less, may immediately be assessed on delinquent invoices for that period of time
during which such amount remains past due. Customer related entities and individuals further agree to pay all amounts
due under this Agreement. Customer further agrees that Seller has the right to determine, in its sole discretion, how to
apply payments and which invoices to pay with all payments received on the Customer’s account, despite any advice to
the contrary. There is a minimum service charge of $40.00 on all returned checks. In the event that Seller receives a
returned check from Customer, Seller reserves the right to terminate Customer’s credit account, and the outstanding
account balance shall be due and payable in full upon termination.
Accounts with past-due outstanding balances may be placed on cash basis without further notice to Customer,
until payment or satisfactory arrangements have been made. When Customer’s account is placed on C.O.D., the account
balance will immediately be due and payable in full. Seller may permanently close accounts that are placed on cash
basis for unpaid balances.
In the event of default, and if this account is placed in the hands of an agency and/or an attorney for
collection, Customer agrees to pay all reasonable costs of collection and/or litigation, together all pre and post judgment
interest, and all reasonable attorney fees, regardless whether a lawsuit is filed.
Customer is responsible for remitting all taxes invoiced by creditor or providing creditor with an appropriate
resale/exemption certificate. Customer shall indemnify and hold Seller harmless for all unpaid taxes attributable to
Acceptance of a purchase on Customer’s account is expressly limited to and made conditional upon the terms
and conditions contained herein, and any of the Customer’s terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing by Seller are hereby objected to and shall be
of no effect.
Seller has the right to change this agreement at any time, and will give notice of any
change to Customer.
Seller agrees to replace, or at Seller’s option, repair any defective products within a reasonable time.
Customer’s remedies for any delay or any defect in the materials are subject to and limited by any limitations contained in the manufacturer's and/or Seller’s terms and conditions to Customer. Further, Customer's
sole and exclusive remedy and Seller's limit of liability for any and all loss or damage resulting from defective goods shall be for the purchase price of the particular delivery and materials with respect to which loss or
damage is claimed, plus any transportation charges actually paid by the Customer. In no event shall Seller be liable for any damage due to delay of any type, nor consequential, special or punitive damages.
Customer shall make a careful inspection at the time of delivery. Customer's failure to give written
notice specifying any claim within ten (10) days of delivery shall constitute an unqualified acceptance of the labor and material delivered and a waiver of all claims. No returned product will be accepted without prior approval.
Customer agrees and acknowledges that this agreement is entered into in the State of New Jersey, is governed
by the laws of the State of New Jersey and Customer expressly agrees to irrevocably submit to the exclusive personal jurisdiction in New Jersey and further irrevocably agrees that the forum and venue for any litigation brought under this
Agreement or any other contract between Customer and Seller, shall be performable in Somerset, Essex or Middlesex County, New Jersey. Failure of Seller to require strict performance of any term or condition herein or to exercise any
right or remedy shall not be deemed a waiver of any right or remedy or of any existing or subsequent breach or default; the election by Seller of any particular right or remedy shall not be deemed exclusive of any other. All rights and
remedies of Seller shall be cumulative.