PRODUCTS: Customer agrees to purchase and receive and Supplier agrees to sell and deliver, subject to satisfactory credit approval, Customer’s requirements for heating oil at the delivery address provided by the Customer on the front of this Agreement. Customer agrees to pay Supplier for products and services within the credit terms established by Supplier,
TERM: This Agreement shall be for a one year period commencing on the date written on the front of this Agreement and continuing from year to year thereafter until terminated by either party on fifteen days (15) days written notice.
PRICE: The price of heating oil shall be Supplier’s selling price for heating oil current at the time and place of delivery plus an additional 2.5 cents per litre.
NON-PAYMENT: Should payment be missed, or late for any reasons for a period of 7+ days, this agreement becomes null and void, delivery ceased, and balance will be due in full.
DELIVERY: Supplier shall deliver heating oil to Customer on an automatic fill basis, as requested and selected by the Customer on the front of this Agreement.
1. Automatic Delivery: Supplier shall fill Customer’s heating oil tank on a regular, scheduled basis, without prior request by Customer. Supplier will schedule Automatic Delivery on the basis of outside temperature and annual Oil consumption, the latter of which Customer accepts responsibility to provide, Customer must maintain a consistent oil consumption pattern for Supplier to effectively schedule automatic delivery and Supplier does not recommended Automatic delivery or accept any risk if Customer uses any type of additional or alternate energy heat source. Customer shall notify Supplier immediately of any changes that could impact Customer’s heating oil requirements including but not limited to heating equipment or storage tank changes, malfunctioning equipment, property renovations, short or long term lifestyle changes, or use of any additional or alternate energy heat source other than heating oil,
LIABILITY: To the extent permitted by law, Supplier disclaims liability for consequential damages. in addition, Supplier shall not be responsible for any loss or damage which may occur related to the following:
1. Equipment: Supplier shall not be liable for any injury OR damage to any person or property resulting from the existence and operation or non-operation of any heating oil burning equipment installed at Customer’s premises, or from any changes in Customer’s heating equipment, including storage tanks. Further, Customer accepts all responsibility and liability for tank condition and associated piping and maintenance thereat, and any damages resulting from, leakage or failure of said tank and piping not owned by Supplier at Customer’s premises.
2. Automatic Delivery: Customer understands that automatic scheduling of delivery is not a guarantee of delivery. Customer acknowledges the numerous variables impacting oil consumption beyond Supplier’s control, including but not limited to inaccurate annual oil consumption information, heating equipment or storage tank changes, malfunctioning equipment, property renovations, short or long term lifestyle changes, Of use of any additional or alternate energy heat source other than heating oil, and agrees that Supplier shall not, be held liable for any damages caused by fuel run out,
3. Vacant Premises: Customer is responsible for ensuring that Customer’s heating system is checked daily for proper operation. Supplier shall not be liable for any damage caused by heating equipment or tack of heat including water pipes, storage tanks and associated piping, regardless of delivery status, while Customer’s premises is vacant or unoccupied for more than twenty four (24) hours.
4. Overdue Account: Should Customer’s account become past due, Supplier may, at it’s option, choose to suspend delivery and credit privileges upon notice to Customer and Supplier shall not be deemed in default of it’s obligations under this Agreement.
5. Non Performance: Supplier shall not be liable for to deliver heating oil hereunder due to any cause beyond its control, including, not limited to an act of God, strike, flood, firer embargo, earthquake, insurrection, unavoidable accidents shortage of labor or supply, government decree and in the case of automatic delivery customers, inconsistent oil consumption patterns for whatever reason. In the event of product shortage, Supplier reserves the right to allocate supply as it sees fit among its customer itself and authorized agents.
WRITTEN NOTICE: In all cases, written notice will be considered to be given by Supplier to Customer as of the postmark date of mailing from Supplier to Customerls address indicated in Suppliers records.
VARIATION: Supplier reserves the rightto vary the terms and conditions of {his Agreement from time to time, upon written notice to Customer.
ASSIGNMENT: Supplier the right to assign this Agreement to one of its authorized agents, without prior consent of Customer and without providing prior notice to Customer of such intent to assign.
SUCCESSORS AND ASSIGNS: The Agreement shallenure to the benefit of the Parties hereto, their heirs, executors, administrators, successors assigns.
GOVERNING LAW: This Agreement shall be governed by, and construed and enforced in accordance with the laws of the Province in which products and services are being delivered under this Agreement} and the laws of Canada applicable therein. The parties irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Provinces in which products and services are being delivered under this Agreement, for all matters arising out of or relating to this Agreement, or any of the transactions contemplated hereby.
