1. Approval & Modification of Credit

All credit applications are subject to review and approval by Earth Retention, LLC (“Company”). The Company reserves the right, at its sole discretion, to reduce, suspend, or revoke credit terms at any time without prior notice, based on payment performance, financial condition, or market conditions.

2. Payment Terms

All invoices are due and payable according to approved credit terms stated on each invoice. Unless otherwise agreed in writing, terms are Net 30 days from the date of invoice. Accounts not paid when due may be placed on hold, and continued late payments may result in revocation of credit privileges. Returned checks will incur applicable service fees.

3. Finance Charges & Collection Costs

Past due accounts are subject to finance charges of 1.5% per month (18% annually) or the maximum allowable by law. The customer agrees to pay all collection costs, including attorney’s fees, court costs, arbitration, and third-party collection fees.

4. Authorization to Verify Credit

Applicant authorizes the Company to contact banks, trade references, credit agencies, and other sources deemed appropriate to verify creditworthiness, including personal and business credit checks.

5. Delivery & Risk of Loss

Title and risk of loss transfer to the customer upon delivery to the carrier. Claims for shortages, damages, or defects must be made within 5 days of receipt. Failure to notify constitutes acceptance of goods.

6. Returns & Adjustments

No merchandise may be returned without prior written authorization. Approved returns are subject to restocking fees and must be shipped prepaid.

7. Limitation of Liability

The Company shall not be liable for indirect, incidental, punitive, or consequential damages arising from goods or credit decisions. Liability shall not exceed the value of goods sold.

8. Warranties

The Company disclaims all express or implied warranties, including merchantability and fitness for a particular purpose. Remedies are limited to repair, replacement, or credit, as determined by the Company.

9. Change in Ownership / Business Structure

Applicant agrees to notify the Company immediately of changes in ownership, legal structure, mergers, acquisitions, or material financial changes. Failure to notify may result in suspension of credit privileges.

10. Default

In case of default, all outstanding amounts become immediately due. The Company may withhold shipments, cancel orders, or terminate agreements without further notice.

11. Force Majeure

The Company shall not be liable for delays or inability to perform due to causes beyond its reasonable control, including natural disasters, strikes, supplier failures, transportation issues, or government restrictions.

12. Confidentiality

All financial and business information provided remains confidential and will only be used for credit evaluation, except as required by law.

13. Governing Law & Venue

This agreement is governed by the laws of the State of Georgia, and disputes shall be resolved in the courts of Cherokee County, GA.

14. Severability & Waiver

If any provision is found invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce any term shall not constitute a waiver of future enforcement rights.

15. Entire Agreement

These terms represent the entire credit agreement, superseding all prior agreements. Modifications must be in writing and signed by both parties.

1. Issuance of Invoices

Invoices will be issued promptly after the delivery of material or completion of design services. In cases where the required Credit Application form is not completed, Earth Retention may request a prepayment.

2. Lien & Notification Rights

For projects involving designs, work, or materials, Earth Retention retains the right to lien in case of non-payment and may file a Notice to Owner (NTO) in accordance with state laws.

Projects requiring lien protection will require the customer to provide project-specific information, including the project owner and bond details. For public projects where filing a lien is not an option, the customer must provide associated bond information.

3. Invoice Discrepancies

Any dispute regarding an invoice must be reported within five (5) days of the invoice date. Disputes not reported within 30 days are considered accepted as accurate.

1. Standard Payment Terms

Payment is due Net 30 days from the invoice date unless other arrangements have been approved in writing by Earth Retention.

2. Late Payments

Late payments incur a finance charge of 1.5% per month (18% per annum) on the outstanding balance, starting from the due date of the invoice.

3. Payment Methods

Earth Retention accepts payments via ACH or check. For credit card payments, a 4% convenience fee applies.

4. Payment Modifications

Any deviation from standard payment terms requires prior written approval from Earth Retention management.

5, Non-Payment & Remedies

In cases of default or non-payment, Earth Retention reserves the right to suspend further deliveries, withhold materials, cancel agreements, or pursue collection remedies as permitted by law.