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HomeMy WebLinkAboutContracts & Agreements_2-1937 Form — 4374 (Revised) GASOLINE CONTRACT FOR GOVERNMENTAL AGENCIES (Not Resellers) CLASSIFICATION. ..._.. _ Los Angeles, , Calif* 1. ASSOCIATED OIL COMPANY, as Seller, hereby agrees to sell and deliver to as Buyer,Pinto Buyer's bulk storage tanks+ orY into drums on Buyer's premises at _ „..... __.._ ,and/or at 'any other points at which Seller maintains delivery serrice,and Buyer hereby agrees to purchase from Seller 2._.Q._.j, of all gasoline required or used by Buyer and/or for Buyer's business during the period commencing. 19 ...._and ending.....,.. Seller shall have the right at its option to terminate this agreement without notice if Buyer resells or offers for resale any of said gasoline or uses same other than for current purposes of Buyer's present business, or in the event of any breach of this agreement by Buyer, or in the event that during any thirty (BO) day period. hereof, Buyer purchases from Seller less than 100 gallons of gasoline Seller shalt not be obligated, except at its option, to sell or deliver hereunder during any calendar month gasoline in excess of gallons. 2. Seller shall have -three (3) hours after receipt by it, in each inst— ance, of any order hereunder in exoess of said maximum monthly gva,ntity in which to accept or refuse same, and if Seller refuses to accept said excess order within said time, Buyer shall be privileged to purchase said excess quantity from other sources, but without recourse on Seller. 3. Reasonable notice shall be given to Soller of all deliveries here— under, and Seller shall make deliveries in its usual manner, subJ*eoi =:to delays and interruptions from acts of God, Governmental action, accidents, labor dis-- turbanoes, lack of transportation facilities or supplies, or other causes beyond Seller's control, whether or not similar to above. During any inter3rup— Dion or cessation of deliveries for any of said causes, Buyer may purchase gasoline elsewhere, but without recourse on Seller. No deliveries shall be made by Seller hereunder into tanks of automotive equipment. 4. The quaaztity of each delivery of gasoline by Seller hereunder shall be established and fixed by the volumetric measurement, at the time of such delivery, of the containers from and/or into which delivery is made and/or by meter attached to the delivery equipment, measured and computed in accordance with the sage method which Sellex has used for its cu,storaers generally during the past year. Said quantity shall be shorn on delivery ticket issued by Seller coveria,g such delivery, and shtall be acoeptod as final by bona parties. 5. BUYER WAIVES ANY CLAIM AGAINST SELLER AS TO PRICE OR QUANTITY OF ANY DELIVERY OF PRODUCTS HEREUNDER UNLESS SUCH CLAIM IS MADE BY BUYER TO SELLER IN WRITING WITHIN 48 HOURS AFTER SUCH DELIVERY. 6. Buyex agrees to pay Seller at Sellers office at ------ � �.�'S ?�.� ._ __.. .._ _ .__.._ for all deliveries hereunder, the posted price, i€iclusive of State Motor Vehicle Fuel Tax but oxolusive of Federal Excise Tax, hosted by Sell.e€ at t,ima and, place of delivery, governing sales of similar gasolir+e to Buyer's class of tiade; provided, that at no time during the period hereof shall Buyer be xequired to pay for gasoline at in excess of 1,3 ,._. per gallon fog: Associated. "Flying A" Gasoline or per gallon for Associated ThiieGold Gasoline, each inclusive of State Motor Vehicle Teel Tax but 0 ..cl€€si��e of Federal L�cise Tax. Said maximum price for Associated "Flying All Gasoline shall be increased by the amount of the usual. Sales Form 443 D Sheet 1 premium for H hyl Gasoline, with respect to deliveries of Associated "Aviation Ethyl" gasoline hereunder. A gallon for the purpose of this agi-eement and all deliveries hereunder shall mean two hundred thirty—one (231) cubic inches. Fol delivery hereunder at points at which Seller maintains regular delivery servicer other than the point above specified, said maximum prices shall be increased (or decreased) by the amount of Seller's normal differential between its net reseller price at said specified point, and at such other points, respectively. All deliveries of less than 40 gallons each shall be made at Seller's posted authorized selling price, exclusive of Federal Exoise Tax, as posted by Seller at time and place of delivery, without discount. 7. Any tax levied by Governmental authority except as herein already provided for and in any manner affecting sale or delivery hereunder shall be added to said price and shall be paid by Buyer. The amount of any increase in present taxes shall be added to each of the prices specified in Paragraph 6 hereof. 8. Seller in its uncontrolled discretion may at any time change the brand name or distinctive designation of any of its products. Should it do so, this agreement shall be deemed to cover products of the new names and./or designations to the same extent. as if said names or designatinos were specif— ically act forth herein. It is agreed that Seller shall be obligated to sell and deliver Associated "WhiteGold" gasoline hereunder only during such time as same is being marketed by Seller generally at time and place of delivery. 9. Buyer shall make payments hereunder on such terms as Seller may specify from time to time, and if Buyer fails to do so, then at Seller's option all sums owing hereunder shall become immediately due and payable, and Seller may terminate this agreement and/or refuse all. further deliveries hereunder. 10. Waiver by Seller of any breach by Buyer shall not be deemed waiver of any other breach. 11. The making, execution and delivery of this agreement by Buyer have not been induced by any representations, statements, warranties or agreements other than those herein expressed, and this agreement embodies the entire understanding of the parties hereto and there are no further or other agree- ments or understandings, written or oral, in effect; beLween the parties hereto relating to the subject matter hereof; and this agreement supersedes all agree— ments of a prior date between the parties hereto relating to the subject matter hereof. 12. This agreement shall be binding upon and shall inure to the benefit of the parties, their respective heirs, representatives, successors, and assigns.,Abre proposal accepted for period January 1 to April 30 , 1937. ^,� �f ASSOCIATED OIL COMPANY (Seller) Approvedas to Torm By-_._._...._ __—.—_. _._.. _._._._._.........._...._. ........ MHanager White Sales .._._. �:_ ._•At torn''' .„ . _. ...--------------_................. Buyer Aft^B3rl.l!� .... tie �- • ' 1I�f l—1,ER Acg ' ' 1 Witn;59 Y.._._ •• a DEED aC[AT:D 0r3 C:OMPANY 15 TER MENTIONED HER$!fV IT Y 1T SH4LE- MEAN t-A1A'AR� CORPgftgTtGN. A550CIATrp OCIATED OIL coMp .��� D1Yf510fE AIV Vi Sales Form 443—D Form 4374 (1191632) Sheet 2. RIO "'GRAND E 0 1 L C 0 A& P A N Y PRODUCERS REFINERS MARKETERS EXPORTERS 117 SOUTH HILL STREET LOS ANGELES January 4th, 1937, Mr. 0. P. Hook, City Clerk City of Redlands Redlands, California. Dear Sir We are returning herewith executed copy of Gasoline contract covering the City of Redlandst requirements of Gasoline for the period of September Ist, 1937 to December 31st, 1937. We appreciate veru much your having favored us with this business. Very* trulv Vours , RTO GRATMEE OTL COITANY. 1--r_ Di ted to ceh by A Y. Reed Wholesale Sales Manager. RGB 4 1306 7-7 A' ply above referrei i0j "11" jov T Ain, 77,T, -ade this r P 'da v of 07 and between the CITY 0-7 �-erein called -"'Ie Purchaser, and the qIO OIL C0%"--7, herein called Vie Seller. TFAT for and in consideration of the mutual cove-mats herein r in ccn- tained, the Seller agrees to sell to the P'urcTiaser and -Elo "urcliaser agrees to buy from the Seller, Z10 MA 13TIE I-TT77L G�SOT III-, 7 T,� (17D rn C7,?',CFT'D (-,!SOT I*Tr, RIO GP47,DT3 G C-AsoC•rq" sufi"icient to SUP017 R11 of its requirements, estimated at ter thousand (10,000) gallons, covering the period September lst, 1937 to December 315t, 1937, but not in excess Of V"IrtV t1'0128and (30,000) gajlors'(�Iithout 6ellerts consent)* Tile Purchaser agrees to Pav for said ", To C-P17,JTD- -T--3YL CEC)TJ77,-,, �"009) 'el call on R1'0 G?^-N DE CRACK-D C^,Sot Irk, '0-13 Per gallon a' 10 C-?MTD-E G GASOLI,'—, ° OeI25.e per gallon The above 'Prices aro inclusive Of State Tax and exclusive of Federal Tax (clai,ned to be Pxf-Int) and are Traximu-, prices for the contract Period. If and .'nen our hosted prices to comierc-ial connsu-ers (exclusive of Federal Tax) applicable to the ti-re. 'gip., and -place Of delivery hereunder s71a11 be less G"'e above named naxinun- nrices, tner, such lesser price, s',all aoDlv to this co-atr�Ct. Taxes knv R'Mlicabl- tax -'Tnlch nna-v be lPvipd or beco-e or in the r7-oduction, Qnufacture, storage, transnortation, -Hstr:Lbution, sale or deliveri, of any Pr Od=t herein 'which shall not be included in the Price quoted abo e, shall be added Vereto. A-v zacl, tax includec, an tin pr2ce-Q,.10- ced above s -13 0a rc�r—,lad or ic" snail not tic anpl:Lcable, shell be deducted iron the move price. T'b , purchaser will furrlsh to the Seller all exo-Dtio- n cern. f*icetes rooDired by and satisfactory to the taxirF authorities in all cases wrereir it is clai-eO b-% the "urcl,aser V-,nt it jN ex --n-0 rl t froany of the taxes above referred to. ex-int The pria O# -ftfre3m quovea amuzuimer Present to Tax. Deliveries. Deliveries shall be made by tank wagon in s quant-i- ties as N-r-Ma-ser may designate within a reasonable time aftar request by the Purchaser to the City of Redlands, State of California, except that for single deliveries of less than forty (40) gallons, the retail service station price (exclusive of Federal Tax) shall apply without discount. ihITNEPb the hands and seals of the parties hereto, the day and year first hereinaboym written. CITY OF REDIANDS By RIO GRANDE OIL COMPANY. By ?Z? &scrota RGB 1506 SHELL OIL COMPANY SHELL B U I LID ING 7ELE➢HOHF TRiNiTY 9021 i, L O s AN G E L E S December la, 1936 CITY OF REDLANDS Redlands, Calif. Att'n. Mr, Geo. S, Hinckley, City Engineer Gentlemena We hereby offer to supply you with all gasoline you may require in connection with your activities for the period of one vear , commencing ,Tanuery 1. 1937 , 19„-,,,, and ending December 31, 1937 19 , in accordance with the terms and conditions hereinafter set forth. 1. GRADE AND QUALITY; Gasoline to be delivered hereunder shall be the grade or grades and brand or brands which we are at time of delivery generally offering for sale at our distributing plant from which delivery is to be made. We shall have the right at any time and from time to time to change the grade, quality or brand name of any gasoline furnished hereunder. In the event we discontinue the distribution of any brand, grade or quality of gasoline in any partic- ular delivery area, we shall be relieved of any obligation to sell or deliver such brand, grade or quality of gasoline hereunder within such area. 2. DELIVERIES: All deliveries hereunder shall be made within a reasonable time after receipt of order therefor, due con-- sideration being given to our general marketing and distributing op- erations, in fairly equal monthly quantities, by tank truck or re- turnable steel tanks to delivery points specified by you within our regularly established delivery areas or by tank car supplied by you, f .o.b. our distributing plant located nearest to your receiving bulk storage location. We shall not be required to make any single de- livery by tank truck or returnable tanks of less than. 40 gallons or by tank car of less than its official capacity, nor shall we be obligated to make deliveries in excess of 3,000 gallons during any calendar month. 3. PRICE; Tank Truck or Returnable Steel Tank Deliveries: For all gasoline delivered hereunder by tank truck or returnable steel tanks the price payable shall be our commercial net tank truck price effective at time and place of delivery to purchasers coming within the same general class and delivery area as yourself, all as shown on the price schedule posted by us at our distributing plant from which delivery Page two is mwde You shall also be entitled to any discounts and/or allowances applicable to your class of trade generally, all as shown on the price schedule posted as aforesaid It is understood, however, that the prices so computed shall not be in excess of the maximum prices listed in the following schedule: SCHEDULE OF PRESENT AND MAXIMUM PRICES Prices Stated in, Cents Brand and Grade of Gasoline Per Gal, Inc of _3 ¢ First Grade State and Excl. of 1� Premium Grade Non-Premium Third Structure Federal Taxes (Shell Ethyl) (Super Shell) (Green Streak) Applicable commercial net tank truck price, Less present discounts, posted on date hereof at our plant at: Redlands, Call e .15 1 $.125 Maximum prices for De- liveries at: Redlands. Calif. . 15 . 15 ,125 • f The above provisions regarding maximum prices shall apply only to gasoline delivered in single lots of not less than 40 gallons. The ap- plicable commercial net tank truck price less commercial discounts effective at the date hereof is included in this schedule by way of comparison only, and is subject to change without notice. Maximum prices for deliveries to points other than those for which maximum prices are listed in this schedule, shall be computed by adding to the said maximum prices, effective for deliveries nearest to the point to which deliveries are to be made, an amount equal to the amount per gallon (if any) by which (a) our applicable commercial net tank truck price effective at the time of delivery at the point at which delivery hereunder is made exceeds (b) our applicable commercial net tank truck prase effective at the same time at the point for which the maximum is named. If single deliveries of less than 40 zallons are made hereunder, our posted retail service station price, effective at time and place of delivery, will apply without discount and without benefit of maximum price. TANK CAR DELIVERIFS: The price payable for gasoline delivered by talk oar shall be as above specified except the discounts allowable shall be increased by 01e0—quarter ( ) cent per gallon. 4. TAXES: The amount of any taxes now or hereafter imposed, directly or indirectly, upon or in connection with the production, manufacture, storage, sale, distribution, transportation or delivery of products delivered hereunder, not by express provision included in the prices herein specified., applicable or claimed to be applicable to and payable on account of deliveries made hereunder, S_HELL...OIL COMPANY Page 3. shall be added to all prices (including maximtnt prices) herein specified and the price payable by you hereunder shall be increased accordingly 5. GENERAL PROVISIONS- Terms of payment hereunder shall be net cash on delivery. Any extension of credit shall not be deemed a waiver of our right at any time, without notice, to require payment to be made in cash on delivery. No allow- ance shall be made in connection with any claims on account of any defect or variance in duality or shortage in quantity unless such claim is presented in writing within three (3) days from time of delivery. For each returnable tank not returned to us or to a common carrier for shipment to us, freight prepaid, within ninety (90) days after delivery to you, you shall pay us on demand the sum of Seven Dollars ($7.00) , Such payment shall be subject to later refund if the tank involved is returned to us at your expense in good condition within twelve (12) months after date of delivery to you. Perfornance hereunder by us of all or any pa--.,°t hereof shall be excused with- out any liability whatsoever for damages or delays, or for any other default, in the event that such performance is prevented or impeded (in whole or in part) or in the event that the cost of such p erfonaance shall be abnormally increased for any reason due in whole or in part, directly or indirectly, to any cause or condition of whatso- ever nature beyond our control. Our waiver of any breach hereunder shall not be deemed a continuing waiver or awaiver of any subsequent breach, whether of the same or a different provision of this contract. This agreement sV_all not be assigned by you or by operation of law githout our written consent and shall, as of the comence- ment date hereof, cancel and supersede all prior offers, bids, proposals or agreements oral or written, between us for the purchase and sale of the products named herein. 6+ COATLLONCE 0',TIT3 LA 1s, Should the performance of this contract or any provision thereof be or beco-me violative or be clai­ied by any governmental official, or body to be violative, or should the perforonnee hereof by Seller cause or result in Sellerls other sales, marketing; and other activities of whatsoever nature to be or become violative of any law (Federal_, State, County or !municipal) or any order, rule or regulation issued thereunder by a duly authorized body, or of any interpretation thereof announced by the Federal Trade Commission or any other rompetert administra- tive authority or any judicial authority, then Seller shall have the right to im- mediately cancel this coniract by giving Buyer written notice of its election so to do 7. C0154FIlUATION If the above offer meets with your approval, kindly in- dicate your acceptance on the duplicate copy hereof enclosed and return same to us. Ver t s UL OIL C0�4If.'ANY The above f er is here y Accepted as to our requirements for the months of y, June, this Q:ay of,U iy3 Tiny and August, 1937. r t The estimated reouirements for the period involved are allons.