Loading...
HomeMy WebLinkAboutContracts & Agreements_2-1945 FORM 238A i1.42 IEM, PFiNYeo IN V S.A UNION OIL COMPANY OF CALIFORNIA MEMORANDUM OF AGREEMENT CUSTOMER City of Redlands CITY Redlands, California _ ADDRESS Recilande, Californi8 _ __.. EFFECTIVE DATE 19-43,— BUSINESS OR CLASSIFICATION Governmental_ UNION OIL COMPANY OF CALIFORNIA Please enter our order for the following products at the prices stated: YEARLY REQUIREMENTS PKG. COMMODITY PRICE MINIMUM MAXIMUM SUBJ T TO ACCT TANCE WITHIN THIRTr D PER GAL tul]A�tJ E'1`i��11YLvGASIUxLINL,to be delivered in tank truck and/or iron barrels. 35,000 400000 Gals. Minimum 40 gallon deliveries at.le-15 .. .....per gallon "ib" GASOLINE, to be deliver d i tank truck and/or iron barrels. Gals Minimum 40 gallon deliveries at.- .A- per gallon. The prices named in this contract include-gal l-4Orn ia-----..State Tax of...1.¢ per gallon and ex- clude Federal Tax and apply when purchased for Buyer's exclusive use. These prices are maximum net prices and shall not be exceeded during the period hereof, except in the event of an increase in present applicable taxes If and when during the period hereof Seller's net price to commercial trade ex-federal tax in effect at time and place of delivery for the applicable commodity and the particular form of delivery involved is lower than the maximum net prices named, Buyer shall have the benefit of such lower prices during the period such lower prices are in effect The prices named in this agreement are F O.B --- _-AI! - -_- ---- - - _. - ------ and all deliveries to outlying or other points will be made and invoiced in accordance with the above, plus differentials applying over or under- -- 14C,MAN-------- ----------- ------------------------- --------------------- When single deliveries of less than 40 gallons are made, retail service station price will apply. This agreement cancels any existing agreement for the sale of like products between Buyer and Seller. It is understood that Buyer's requirements shown above are approximate and that neverthe- less Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and receive from Seller hereunder not less tha^. 1A..-......Per cent of Buyer's entire requirements of gasoline during the term specified herein. UPON THE FOLLOWING TERMS AND CONDITIONS. ,,,+ DELIVERIES F O. B, Redlmds, C&Ufor;�,a,a_ _—_—and to cover a period of one year from date. All orders to be filled with reasonable promptness. All deliveries to be made in fairly equal monthly shipments. Provided delivery made in iron barrels or in packages, package remains property of Seller. Union's obligations hereunder shall be suspended and excused if it is directly or indirectly prevented from, delayed or impeded in producing, manu- facturing, transporting or delivering in its normal manner either the products hereunder or crude oil, natural gas or any material from which such products are manufactured, or if its costs of performance are abnormally increased, because of acts of God,earthquake, fire, flood or the elements,malicious mischief, insurrection, riots, strikes, lockouts,boycotts, picketing, labor disturbances, public enemy, war (declared or undeclared); compliance with any rule, order or regulation of any government (foreign or domestic) or representative thereof acting under claim or color of authority, total or partial failure or loss or shortage of all or any part of Union's own or customary transportation or delivery facilities, or the commandeering or requisitioning by civil or military authorities of any of Union a raw materials, products or facilities, including but not limited to producing, manufacturing, transportation and delivery facilities, or voluntary surrender thereof at the request of such authorities; or for any other reason beyond Union's reasonable control, whether or not simi- lar to the foregoing. If by reason of any of such causes Union is unable to make deliveries to all purchasers (whether contract purchasers or not), its failure in whole or in part to make deliveries to Buyer while delivering to others shall not be a bread of this contract and Union will not be obligated to prorate its available supply. Upon cessation thereof deliveries and purchases shall be resumed, but nothing herein will extend the term hereof except at Union's option TERMS NET CASH ON DELIVERY—OR CREDIT ARRANGEMENTS SATISFACTORY TO SELLER, If during the life of this agreement, our financial responsibility becomes impaired or unsatisfactory to you, cash payment on delivery, or satisfactory security may be demanded by you, and it is a condition of further deliveries that such demands be complied with Deliveries and shipments are subject to any restrictions or regulations imposed by any Municipal, State or Federal authority and the amount of any tax excise or charge now or hereafterimposed on Seller by any Governmental authority upon, incident to, or as a result of the manufacture, storage, with- drawal from storage transportation, distribution, sale or handling of the said products delivered hereunder or measured by the proceeds of such distribution or sale shall, unless it is specified herein that such tax is included in the prices stated,be added thereto and be paid an demand by Buyer to Seller. This agreement shall not be assignable by either party voluntarily or by operation of law without the written consent f the other. 'a memorandum shall not be binding on Union Oil Company of California until approv ]ay i home office at Lo gel , ACCEPT i9— - --- - - - - - - - UNIUOILOMPAhIY OF 1 RNIA tl By DIVISION MANAGER -