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 RETAIL HEATING OIL SUPPLY AGREEMENT
STATEMENT OF TERMS AND CONDITIONS

JANUARY 1ST 2019

 

 

This statement sets forth the terms and conditions of the Retail Heating Oil Supply Agreement under which Carroll County Oil, LLC delivers heating oil or, if applicable, kerosene (each of which is referred to herein as “Heating Oil”) to you (the “Customer”) at the delivery address (the “Location”) identified in Customer’s account records maintained by Carroll County Oil. These terms and conditions are not subject to change by Customer. When used herein, the term “Agreement” means this statement of terms and conditions, which constitutes the agreement between Carroll County Oil and Customer regarding the delivery of Heating Oil. Customer’s request for or acceptance of deliveries of Heating Oil from Carroll County Oil constitutes acceptance of and assent to the Agreement. Please read this Agreement carefully and retain this copy for your records.  The terms and conditions of this Agreement are as follows:

 

1. PRICE:  The price per gallon to be paid by the Customer to Carroll County Oil for Heating Oil delivered to Customer shall be at Carroll County Oil’s established retail price for Customer in effect on the date of delivery of the Heating Oil to the Location. The price per gallon of Heating Oil for each delivery will be set forth on the delivery ticket and/or invoice provided to Customer by Carroll County Oil which reflects such delivery.

 

2. CREDIT CHECK; PAYMENT TERMS; SECURITY DEPOSIT:   Customer has and hereby does authorize Carroll County Oil to obtain credit information regarding Customer from credit reporting agencies at any time. Customer shall pay to Carroll County Oil all amounts due for Heating Oil delivered, and for services, materials, equipment, and other items provided by Carroll County Oil to Customer, not later than the specified payment due date on Carroll County Oil’s invoice. Amounts owing to Carroll County Oil that remain unpaid thirty (30) days or more after the due date specified on the invoice are subject to a monthly late charge equal to 1.5 % of the outstanding balance. Based upon Customer’s payment or credit history, Carroll County Oil may at any time require payment in advance by Customer for Heating Oil deliveries and/ or services, materials or equipment provided. Additionally, Customer may be required to pay Carroll County Oil a security deposited as specified by Carroll County Oil from time to time to secure the performance of the Customer’s obligations to Carroll County Oil. Any balance of the security deposit remaining after termination of service to Customer and payment of all Customer’s obligations to Carroll County Oil shall be returned to Customer.

 

3. DELIVERY OF HEATING OIL:  Carroll County Oil and Customer will establish the basis upon which deliveries of Heating Oil will be made to Customer. IF Customer is on an “automatic delivery” basis for deliveries of Heating Oil, then Carroll County Oil will use commercially reasonable efforts to delivery Heating Oil to Customer at such times and in such quantities so that Customer maintains an adequate supply of Heating Oil. Automatic delivery is not a guarantee or promise that Customer will not run out of Heating Oil. The depletion of Customer’s Heating Oil supply will vary according to Customer’s fuel requirements, which vary relative to Customer’s use and weather conditions. Customer must notify Carroll County Oil of any change in use which may affect the rate of Customer’s use of it’s Heating Oil. Carroll County Oil cannot absolutely anticipate or predict the rate at which Customer will use its Heating Oil supply or the conditions which may affect the same. Customer should monitor the Heating Oil supply and notify Carroll County Oil immediately if Customer’s Heating Oil supply is at risk of running out. Carroll County Oil cannot guarantee that other event or conditions will not affect its ability to deliver Heating Oil to Customer. If the Location is not Customer’s primary residence or is not occupied on a full-time basis, then automatic deliveries may not be available to Customer. If Customer is not on automatic delivery, then Customer is solely responsible for requesting deliveries of Heating Oil to maintain an adequate supply. Customer must request such deliveries not less than five (5) business days prior to the date upon which delivery is required by Customer. Customer understands and agrees that Carroll County Oil shall not have any responsibility or liability if Customer runs out of Heating Oil and that Carroll County Oil shall not be liable for any direct, indirect or consequential damages resulting from any such event, even if Customer is on automatic delivery. Customer is responsible for maintaining the Location so that it is accessible for deliveries by Carroll County Oil. This includes maintaining safe and adequate driveways and roads sufficient to permit Carroll County Oil delivery vehicles access to make deliveries of Heating Oil. Customer grants Carroll County Oil and its agents the right and license to pass over and upon the Customer’s property and the Location for the purposes of delivery of Heating Oil.

 

4. TERMINATION OF SERVICE:  Heating oil delivery service to Customer shall continue until Carroll County Oil or Customer elects to terminate the same by providing the other party with ten (10) days prior written notice of termination.

 

5. SUSPENSION OF SERVICE/DELIVERY; REMEDIES: In the event the customer fails to pay when due any sums payable to Carroll County Oil, or otherwise breaches any provision of this Agreement, in addition to any other remedies available to Carroll County Oil at law or in equity, Carroll County Oil may immediately terminate service and / or suspend deliveries of Heating Oil to Customer without notice during the period that such breach remains outstanding. Customer shall pay Carroll County Oil all of its reasonable costs and expenses, including attorneys’ fees, incurred in collecting amounts due from Customer and enforcing this Agreement.

 

6. FORCE MAJEURE: Carroll County Oil shall not be deemed to be in default or to have breached any provision of the Agreement as a result of any delay, failure in performance, or interruption of service or supply resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes, or other labor disputes, unavailability, denial, curtailment, shortage, rationing, failure or loss of Carroll County Oil’s source(s) of supply or facilities of supply, fires, transportation contingencies, laws regulations, acts, or orders of any government or official thereof, natural disasters, or any other circumstances beyond Carroll County Oil’s reasonable control.

 

7. CUSTOMER RESPONSIBILITIES, RELEASE AND INDEMNIFICATION: Customer is solely responsible for the installation, servicing, repair, regular maintenance, and annual inspection of the storage tank and furnace used with the Heating Oil at the Location. All such work should be performed only by qualified service technicians. Customer is solely responsible for inspecting the storage tank and furnace and keeping them in a condition which is safe and adequate for the storage and use of Heating Oil. Customer releases Carroll County Oil from any and all claims, demands, obligations, causes of action and liabilities arising out of or in any way related to the presence of hazardous substances (as defined below) on, in or under the Location, regardless of how or when such hazardous substances came to be located on, in or under the Location. Customer shall defend, indemnify and hold Carroll County Oil harmless from and against any and all claims, demands, losses, liabilities, penalties, fines and any other costs and expenses (including attorney’s fees) which arise out of or in any way we are connected to the presence of any hazardous substances on, in or under the Property. The term “hazardous substances: shall mean any substance or substances which at any time shall be listed as “hazardous” or “toxic” under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.S 9601 et. seq. as amended and shall also include, without limitation, petroleum products (including Heating Oil) or by-products and constituents, and any other material or substance termed “hazardous” under any other federal state or local law rule, regulation or ordinance.

 

8. LIMITED WARRANTY; LIMITATION OF REMEDY: Carroll County Oil warrants only that at the time of delivery of Heating Oil to Customer, the Heating Oil delivered will (i) conform to the specifications generally recognized in the industry for No. 2 heating oil or kerosene (as applicable) and (ii) be free of all liens, encumbrances and claims of third parties. Customer’s sole and exclusive remedy, and Carroll County Oil’s only obligation, for any breach of the foregoing warranties is for Carroll County Oil to replace the affected Heating Oil or refund the purchase price. CARROLL COUNTY OIL EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, RIGHTS AND REMEDIES WITH RESPECT TO THE HEATING OIL AND CARROLL COUNTY OIL’S PERFORMANCE UNDER THIS AGREEMENT, WHETHER WRITTEN, ORAL EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS AS SET FORTH ABOVE. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL CARROLL COUNTY OIL BE LIABLE OR RESPONSIBLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR RELATING TO THE DELIVERY OR SALE OF HEATING OIL TO CUSTOMER OR CARROLL COUNTY OIL’S PERFORMANCE UNDER THIS AGREEMENT.

 

9. BINDING EFFECT; ENTIRE AGREEMENT; AMENDMENT; GOVERNING LAW: This Agreement is binding upon Carroll County Oil and Customer and their respective assigns, successors, heirs and beneficiaries. Any other agreement relating to the delivery of Heating Oil which differs from the terms and conditions set forth in this Agreement must be in writing and signed by Carroll County Oil to be binding upon Carroll County Oil. Otherwise, this Agreement contains the entire agreement between the parties relation to the transactions contemplated by this Agreement and supersedes all previous agreements between the parties relation to these transactions. Carroll County Oil may amend this Agreement at any time upon notice to Customer. Any such amendment will become effective thirty (30) days after Customer is send such notice. Customers acceptance of Heating Oil deliveries after notice of any such amendment constitutes acceptance of such amendment. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.