Campbell Oil Company, including its subsidiaries and/or affiliates, ("Company") makes all sales of its products and services (“Products”) to customer (“Customer”) subject to the following terms and conditions: 

1. Unless otherwise agreed in writing by Company, all purchases must be paid in full within the specified terms of sale contained on Company’s invoice. Date of payment is the date funds are received by Company. Customer acknowledges and agrees that Company shall be entitled to apply all payments to Customer’s account(s) as Company deems fit in its sole and absolute discretion. 

2. All past due amounts are subject to a one and a half percent (1.5%) monthly financing charge or the maximum permissible under applicable law, whichever is lower. Note that a finance charge may be assessed on accrued interest if not paid in full by the due date.

3. All drafts dishonored for any reason shall be assessed a thirty-five dollar and 00/100 cent ($35.00) service charge. 

4. If Customer’s account becomes delinquent and the account is placed with a collection agency and/or attorney, Customer will pay all collection costs and expenses incurred including, but not limited to, reasonable attorneys’ fees and court costs. 

5. Customer may not use anticipated credit memos before Company issues the credit on account. Payment using an anticipated credit memo before Company has issued credit will be considered a short payment and may result in delayed services. 

6. It is not Company’s policy to issue refunds. Credit memos must be used on outstanding balances or future purchases. 

7. In the event that Customer utilizes a credit card to purchase Products, Customer must provide Company with the credit card information as requested. Customer acknowledges and agrees that all credit card purchases hereunder are duly authorized and that it will not initiate any disputes with the credit card issuer related to payments to Company or any of its successors or assigns in connection with such purchases. Unless prohibited by law, credit card payments may be assessed a surcharge equal to three percent (3.0%) of the total invoice amount. 

8. Company, without waiver or limitation of any rights or remedies, shall be entitled from time to time to deduct from any amounts due or owing by Customer to Company any and all amounts owed by Company to Customer. 

9. Company has no continuing obligation to deliver Products on credit, and credit approval may be withdrawn by Company at any time without prior notice. Company may extend credit to Customer for purchasing Products to the extent Customer may be eligible under the applicable Company’s programs and consistent with Customer’s credit capability, as determined by Company from time to time in Company’s sole and absolute discretion with information from, including but not limited to, suppliers, financial institutions, credit bureaus or credit reporting agencies. Company may, in its sole and absolute discretion, refuse to establish an account with Customer, place Customer’s account on hold, and/or refuse to deliver Products or accept orders from Customer to the extent any principal(s) or shareholder(s) of Customer, any entity with which such principal(s) or shareholder(s) are affiliated, or any subsidiary or affiliate of Customer has a delinquent or past due account with Company. 

10. Company reserves the right to terminate the Customer’s account without notice if no purchases are made within an eighteen (18) month period.  In the event of such termination, the submission of a new Credit Application by Customer and credit approval from Company shall be required to re-establish Customer’s account.

11. All agreements between Company and Customer shall be construed and enforced in accordance to the laws of North Carolina without regard to the conflicts of law provisions thereof.  All claims, disputes, controversies or suits shall be litigated exclusively in the courts of North Carolina.  Each party specifically consents to service of process by and the jurisdiction of and venue in those courts and Customer, if not a resident of the United States, hereby appoints the Secretary of North Carolina as its agent for service of process in the United States. 

Customer acknowledges that he/she has read, understands and agrees to these Terms and Conditions.  As an inducement to grant credit, the Customer warrants the information provided to the Company is true and accurate.  Any misrepresentation in the Credit Application or any other document between Company and Customer will be considered evidence of fraud, since this information is the basis for extending credit.  The Customer hereby authorizes Company and any of its subsidiaries and/or affiliates to investigate Customer’s credit with any of its suppliers, financial institutions, credit bureaus or credit reporting agencies.