Loading...
HomeMy WebLinkAboutContracts & Agreements_2-1950 CONTRACT FOR GOVERNMENTAL AGENCIES This contract made the_17- day of _.T 19 between TIDE WATER ASSOCIATED OIL COMPANY, a Delaware corporation, hereinafter called "Seller" and---- cm 0P F3==0'1 s 4� t , Name and Address hereinafter called Buyer WITNESSETH 1 TERM AND QUANTITY• Seller shall sell and deliver to Buyer and Buyer shall purchase and take from Seller, into Buyer's bulk storage facilities at RedbMilap, OalilbMZU fir at other points to which Seller regularly makes truck deliveries, im 7o of Buyer's requirements of gasohnes for consumption and not for resale, during the period from the _..2 $ dap of. 195 _ to thej day of_—Zatuaty 1951 Seller shall have the right at its option to terminate this contract without notice if'Buyer resells or offers for resale any of said gasoline or breaches any of the provisions hereof or during any thirty (30) day period hereof purchases hereunder less than one hundred (100) gallons of gasoline Seller shall not be obb gated, except at its option,to sell or deliver hereunder during any calendar month gasoline in excess of gallons 2 PRODUCTS. The products covered by this contract are Associated Flying "A" Gasoline and Flying "A' Ethyl Gasoline, provided, however, that Seller may at any time discontinue the marketing of any brand or,grade of gasoline, either generally or in Buyer's territory, in which event Seller and Buyer shall be released from all obligations hereunder relating to the purchase and sale of such brand or grade of gasoline, but no other. 3 PRICES. Buyer agrees to pay Seller for all deliveries hereunder the base price (tank wagon), inclusive of $.*ft per gallon State Motor Vehicle Fuel Tax but exclusive of Federal Excise Tax, posted by Seller at time, for place and quantity of delivery, governing sales of similar gasoline to Buyer s class of trade,less the following discounts per gallon for Flying A Gasoline per gallon for Flying A Ethyl Gasoline For information only, Sellers prices to Buyer on this basis for tank wagon deliveries of gallons or more at as of date hereof, are as follows Posted"Base PricDiscount Gasoline Exclusive of Ped Tax Per Gal " Flying A (Regular) $.r : $. $01-59 Flying A Ethyl For Truck and Trailer deliveries of aboveproducts, into Buyer's storage, an additional discount of $ per gallon will be allowed 4 'TAXES Any tax or any increase in tax, levied by governmental authority, now or hereafter in effect, except as specifically included in the prices specified herein, and in any manner affecting sale or delivery hereunder, shall be added to each of the prices specified herein and shall be paid by Buyer 5 DELIVERIES All products shall be delivered with reasonable promptness on Buyer's orders and Seller shall make deliveries in its usual manner Seller shall make deliveries during business hours only and not on Sundays or holidays, except at Seller's option Deliveries shall be made in fairly equal quantities and Seller reserves the right to refuse deliveries in abnormal quantities or in quantities in excess of Buyer's usual requirements No deliveries shall be made into fuel tanks of automotive equipment or in quantities of less than 40 gallons The quantity of each delivery of gasoline here is made or by meter attached to the delivery equipment, at Seller s option Said quantity shall be"shown on delivery ticket issued by Seller covering such delivery, and shall be accepted as final by both parties G THE CONDITIONS PRINTED ON THE REVERSE SIDE HEREOF ARE HEREBY INCORPO- RATED IN AND MADE A PART OF THIS CONTRACT. t, d�` � F�cr/r�nc�5 TIDE WATER ASSOCIATED OIL COMPANY Buyer Title Witness FORM 4374 1 7 CLAIMS- 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 forty eight (48) hours after such delivery S DRUMS All fifty five (55) gallon drums, which are furnished by Seller to Buyer, snail remain°the property of Seller and are loaned by Seller to Buyer, for the period of this contract ,If not returned in good condition within ninety (90) days after terminatio i'of this contract, tliey till be charged to Buyer, and Buyer agrees to pay Seller's established drum charge 9. PAYMENTS. Buyer shall make payments hereunder on such terms as Seller may specify from time to time,and if Buyer fails to do so,thea.at Seller's option all sums owing hereunder shall become immediately due and payable, and Seller may terminate this agreement or refuse all further deliveries hereunder 10 1.ORCE MAJEURE Seller shall not be bable-:in,damages or otherwise when deliveries are prevented, delayed or otherwise affected, or changes in quality or discontinuance of any of its types or sizes of containers are necessitated, by or in connection with an embargo, order, requisition or request of any government or acting authority, Act of God, fire, storm, flood;,earthquake, war, stripe, industrial disturbance, accident, inability,to .secure supplies in the open market, failure or :impartment of Seller s supplies or the facilities of production, transportation,;manufacture or distribution,regularly used in the ordinary course of Seller's business, joinder of Seller in any curtailment, rationing or proration program, whether voluntary or involuntary, ,or any other causes whatsoever,beyond Seller's control, whether or not similar to the causes enumerated herein., Buyer may purchase elsewhere, but without recourse to Seller, any product which Seller fails to deliver because of any such causes Upon cessation of such causes, deliveries shall be resumed hereunder, but not beyond the period hereof, nor, except by mutual agreement, in any greater amounts than required to be delivered during the unexpired period of the contract excluding amounts undelivered during the period Seller is excused from making deliveries. If any such causes hander or delay Seller from snaking deliveries to all Its customers, failure to make deliveries to Buyer, in whole or in part, while making deliveries to others, shall not be a violation of the contract Seller may apportion its available supply among its customers in such manner as it may determine. 11 BRANDS Seller, in its uncontrolled discretion, may at any time change the brand name or any distinctive desig nation of any of:its products Should it do so, this contract shall be deemed to cover products of the new names or. desig nations to the sonic extent as if said names or designations were specifically set forth herein 12 WAIVER The waiver of any breach of any of the provisions hereof shall not be deemed a waiver of any succeeding or other breach ' 13 EXECUTION AND EFFECT This contract supersedes' all agreements of a prior date between title parties hereto,or their predecessors in interest, relating to the subject matter hereof, and releases the parties from any and all past orutitre obligations;;;claims"or liabilities thereunder, excepting only that Buyer agrees to pay Seller in accordance with its delivery tickets or statements rendered for,all products delivered to Buyer thereunder This contract shall not be assigned by Buyer, or by operatidn of law, without Seller's prior written consent'" 'his contract contains the entire agreement between the parties, there being no oral promises, representations or warranties,affecting it Subject to the provisions of this Article, this contract shall h'e%16'8ing upon and shall"inure to the benefit of"the parties and their respective legal representatives, successors.and assigns ;This contract or any modification thereof shall not be binding upon Seller until signed on its behalf by its proper manager Commencement of performance hereunder prior to signing as above stipulated in no case'shall be construed as a waiver by Seller of this requirement File: 21,12-JF Los .Angeles, California February 24, 1950 GASOLINE CONTRACT - CITY OF REMANDS DE ROO & GO ,AND Redlands Herewith is duplicate executed copy of Gasoline Contract for the City of Redlands to cover the period February lst9 1950, to January 31st5 1951@ This agreement is based on a discount of 432 per gallon from posted tank wagon price, both grades of gasols.ne, with 3,158 and .178 per gallon for Flying '$A" and Flying "A" Ethyl Gasolines respec- tively as maximum for period of contracts At your earliest convenience, would you kindly deliver the above to the City. • • S SEA JF:mc Attach* H R. Whaley Attached find City of Redlands gasoline ecntract for yc,lur Biles De Ro-a & Garland By� ,✓.