The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_3-1948 GASOLINE CONTRACT FOR GOVERNMENTAL AGENCIES (Not Resellers) CLASS IFI CATION 31 19 . I Tide Water Associated Oil Company, a Delaware corporation, ASSOCIATED DIVISION, herein- after called "Associated," hereby agrees to sell and deliver to 91F.91MAM- - ...............- ------- hereinafter called "Buyer" into Buyer's bulk storage tanks or into drums on Buyer's premises at.. 2S3LAN ----Q.A.1V U --- --------- -- - ----- - --- - -- --------------- -- or at any`other points at which Associated maintains delivery service, and Buyer hereby agrees to purchase from Associate-UNW001m _QX Ugasoline required or used by Buyer or for Buyer's business during the period coniniencing IXT, 19 IN and ending . .... ....... Associated shall have the ruylit at its option to terlijillate this agreement without notice if Buver res-ells or offers fol resale aliv of said gasoline or uses same otter than fnr current purposes of Buyers operations• or in the event of am breach of this agreement hN Buyer of in the event that during an\. thirty. (36) da} period hereof Bin er purchas(s from Assoctated less than 100 gallons of gasoline. Associated shall not be obligated, except at its option, to sell oi cleIrver hereunder during anv calendar month gisolin" in excess of gallons 2 Associated shall have three (3) hours after receipt by it, in each instance, of any order hereunder in excess of said maximum monthly quantity in which to accept or refuse same, and if Associated 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 Associated 3 Buyer waives any claim against Associated as to price or quantity of any delivery of products here- under unless such claim is made by Buyer to Associated in writing within 48 hours after such delivery 4o Buyer agrees to pay "sociAted for ftll Geo Lle,az-1,3a hereunder, the price, in- clusiVa of St�itejotor Vehicle FUal Tn,- but- exclialive 0� Federal E=iee Tax,, postod by Assoiiatad at tinm rrid for pl,-.ce of aili7ery, (,-,ovarDing ealen of simi- lar t�aoline to rts clase ol" trade; lesa fo.L1o,v1ng discounts: qor�\ , er gallop foi, F-I=. Z "All Gasolino gallon for RroTwie Gasoline 71 or zll �t-trL-dlop Deli rsricys )-f abavo, proelu3ta into Buyerts storage, an add-C-Aonal L3^ount of pwi, g�allcz Trill be allwedo All laliverlwu cit less 40 galIc-.,a each shqll be made at A88001ated's posted authorizod selling prLre, aiclux.1-v,3 of 'FedeVel E-toise Tax, 40 poisted by iissoclatsd at t-iiae P-rd for pTi�oa of dell �,,qry, Un 4 - , l.-AtIlout d'.Rco t, L — — — -a I—— — 111..illy, "JL14VUL LllDt UUILL --W%-J aL Mltl aUKU I UL JJ3ALC U1 Utfl 5 The delivery of this contract form to Buyer, by Associated, fully completed as to date, terms, prices and conditions, shall constitute an offer from Associated to Buyer to enter into a contract in accordance with the terms heicof, which offer shall remain open for, and must be accepted by Buyer within thirty (30) days from date hereof Buyer shall not be deemed to have accepted this contract until it, or a copy thereof, is received by Associated, properly executed by Buyer 6 THE CONDITIONS PRINTED ON THE REVERSE HEREOF ARE HEREBY INCORPO- RATED IN AND MADE A PART OF THIS A GREEMENT Tide Water Associated Oil Company ASSOCIATED DIVISION v_ n:na . .. ... .. BLIYKR ...... ---- ------- IT Form 474 EI 7 Associated shall not be liable for damages because of total or partial ante€ruption of deliveries, changes in quart; of dr5coirtrnuance of any of its products, or type or size of containers, as the result of ix ar, Governine.nt it action, anibai go, order, €equisition or request of any Governmental or acting authority, re- straints of rulers or pimces; acts of God, the elements,fire, storm, #load, strike, industrial disturbance, or ac- cidents, inability to secure supplies in the open market, failure or impairment of Associated's production, i ranspoi tation, manufacturing or distributing facilities, joinder of Associated in any curtailment, rationing or proration program, whether voluntary or involuntary, or any other causes whatsoever beyond Associ- ated's control, whether or not similar to the foi egoing enumerated causes Buyer may purchase elsewhere, but without recourse on Assoi.iated, any product which Associated fails to deliver because of any such causes Upbn cessation of such causes, deliveries shall be resumed her eunder, but not beyond the period hereof, not, except by mutual agreement, in any greater ansounts than requred to be delivered during the uiie%pired period of the contract excluding amounts undelrveied during the. period Associated is excused from mal ing deliveries If any such causes hinder or delay Associated in rnaki ng deliveries to all its customers, failure to male deliveries to Buyer, in whole or in part, while making deliveries to others, shall not be a violation of this cont€act and Associated may apportion its available supply among its customers in any manner it shall deem best 8. The quantity of each delrNery of gasoline by Associated hereunder shall be established and &tied by the volumetric measui ement, at the time of such delivery, of the containers from or into which delivery is made or by meter attached to the delivery equipment,measured and computed in accordance iN ith the C ince method which Associated has used for its customers generally during the past year Said quaAitrty shall be shown on delivery ticket issued by Associated covering such dehvery, and shall be accepted as final by both parties A gallon for the purpose of this agreement and all deliveries hereunder shall mean two hundred ilii +/-one ('231) cubre Inches-" 9 All 55 gallon drunis furnished bN A';-51 dated to Buyer shall remain the piopert% of Ass«iiated and will be loaned by associated to Buyer ,1nv drums not i ctui ned at end of cont€act per rod sh ill be unv(,ited b. Associated and pard for by Buyer at $2 75 each I 10 An) tax levied by govei nmental authority,now or hereafter in effect, except as herein already provided for and in any manner attec.ting sale or delivery hereunder shall be added to each of the prices Spe- cified in Paragraph 4 hereof, and shall be paid by Buyer 11 , Associated 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 or designations to the same extent as if said names or designations were specifically set forth herein 12 Buyer sh ill make pay merits hereunder on such terms as Associated may specify from time to time, and if Buyer fails to do so, then at Nssociated's option all sums owing hereunder shall become immediltely due and payable, and Associated may tc.rrninate this agreement or refuse all further deliveries hereunder 13 WaiNer by Associated of any breach by Buyer shall not be deemed waiver of any other breach , 14 The making, execution and delivery of this agreement by Buyer have not been induced by any representations, statements, `iairantres or agreemciits other than those herein expressed, and this agreement embodies the entire under standing of the parties her cto and there are no further or other agreements or under standings, written or oral, in effect between the parties hereto relating to the subject matter lien eof, and this agreement supersedes all agreements of a prior date between the parties Hereto relating to the subject matter hereof 15 This agreement shill not be assigned by Buver without Associated's written consent Except as herein provided, this agreement shall be binding upon Ind shall inure to the benefit of the parties, their ',uc cessars and assigns ............ De Roo L Gcwlr,nd Tide ',Jatei Associatfd Oil Co, Loca-1 dist-cibutors heieby agrecs to discount .-n additic�-iL,l 005 (Trd) discount per gallon for Arot�-ne Gasolint,, Nthyl ' maka.ng a. tot�,l of .022 per gallon discoLnt on said gasoline De Qoo & Goviland By . IVY r Coff De Roo -,,- Gov,! . i""L ill write tiiL 3ity of -iteul. ,ds P- checfor Leer [,-WIjczj oyj ell j)uichIscs Tni-s wi. 11 be Aaailcd to the ;ity on the I th of t1lle fcll�-,win£, cute of 'Juic -.-se If you wz, iit h, nul,-d ary otht -,, yj,,y