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HomeMy WebLinkAboutContracts & Agreements_1-1951CONTRACT FOR GOVERNMENTAL AGENCIES This contract made the day , 19 51L , between TIDE WATER ASSOCIATED OIL COMPANY, a Delaware corporation., hereinafter called "Seller" and hereinafter called 'Buyer." WITNESSETH: 1. TERM AND QUANTITY: Seller shall sell and deliver to Buyer and Buyer shall purchase and take from Seller, into Buyers bulk storage facilities at MWOS, UTC A or at other points to which Seller regularly makes truck deliveries, 100 of Buyers requirements of gasolines for consumption and not for resale, during the:period,from the day. o 19 to the... day oL-__J , 19 52 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 obli- gated, except at its option, to sell or deliver hereunder during any calendar month gasoline in excess of 15yWO 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 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, Iess the following discounts: $.02% per gallon for Flying A Gasoline. W per gallon for Flying A Ethyl Gasoline. For information only, Seller's prices to Buyer on this basis for tank wagon deliveries of 400 gallons or more at dlan. �"., as of date hereof, are as follows: Posted Base Price Discount Gasoline Exclusive .of Fed ..... Tax Per Gal. Buyer' Price Flying A (Regular) . $. l ,s. MA. Flying A Ethyl . . 0296, ..` 104 For Truck and Trailer deliveries of above products, 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 Buyers 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- under shall be determined at the time of delivery by volumetric measurement of the containers from or into which delivery 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 TH9 REVERSE SIDE HEREOF ARE HEREBY INCORPO- RATED IN AND MADE A PART OF THIS CONTRACT. For de.Uverles of 2W to 399 gallons add - 005 per .o for deliveries of 40 to 199 gaUons add 01 per gallon. f- V KM1 .4,'i 74 1 TIDE WATER ASSOCIATED OIL COMPANY By � 0 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. 8. DRUMS: All fifty-five (55) gallon drums, which are furnished by Seller to Buyer, shall 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 termination of this contract, they will 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, then at Seller's option all sums owing hereunder shall become immediately due and payable, and SeIIer may terminate this agreement or refuse all further deliveries hereunder. 10. FORCE MAJEURE: Seller shall not be iiable.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, strike, industrial disturbance, accident, inability to secure supplies in the open market, failure or impairment 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.heiein.. 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 SeIIer is excused from making deliveries. If any such causes hinder or delay Seller from making 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 same extent as if said names or designations were specifically set forth herein. 12. WAIVER: The waiver of any breach of any J 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 the parties hereto or their predecessors in interest; relating to the subject matter hereof, and releases the parties from any and all past or future 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 operation of lava, without Seller's prior written consent. This 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 be binding 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.