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HomeMy WebLinkAboutContracts & Agreements_7-1959GASOLINE CONTRACT FOR GOVERNMENTAL AGENCIES This contract was made the Jmk& day of ,,_40-, , 19 _ , between TIDEWATER OIL COMPANY, a Delaware corporation, hereinafter called "Seller" and hereinafter called "Buyer." NAME AND ADDRESS W I T N E S S E T H 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 _ _ aI WAA111MIL& _ or at other points to which Seller regularly makes truck deliveries, I— % of Buyer's requirements of gosolines for consumption and not for resale, during the period from the __aAllt day of _AwxU , 19119L—to the _ day of _ Jb6jft , 19 A611—. 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 obligated, except at its option, to sell or deliver hereunder during any calendar month gasoline in excess of _ A_____ gal Ions. 2. PRODUCTS: The products covered by this contract are Sellers Flying A Gasoline and Flying A Super Extra Gasoline, provided, however, that Seller may at any time discontinue the sale 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. (oont1An Wo"111' 3. PRICES: Buyer agrees to pay Seller for deliveries hereunder, the base price, inclusive of $ . 0 per gallon State Motor Vehicle Fuel Tax but exclusive of Federal Excise Tax, posted by Seller at time for place, quantity and method of delivery, less the following per gallon discounts; $ . ( for Flying A Gasoline. $ . .for Flying A Super Extra Gasoline For information only, Seller's prices to Buyer per gallon on this basis, as of date hereof, for truck deliveries of 400 gallons or more at , exclusive of Federal Tax, are: $ — far Flying A * $ . .for Flying A Super Extra * Add $.005 per gallon deliveries of 200 to 399 gallons. Add $.01 per gallon deliveries of 40 to 199 gallons. For truck and trailer deliveries of above products, into Buyer's storage, an additional discount of $ . .per gallon will be allowed. ]JXj:jVM 4jft# awly to Lela as ` pv4dady to to 1W VWWF ftw &Wvft " bommRW wau %* ftW11 s W140JI, as of ftu, hwftts rw vauuV ftUV*14A,0 4W min 4. TAXES: Any tax or 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, 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 re- serves 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 __.14__ gallons. The quantity of each delivery of gasoline hereunder 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. 5. THE CONDITIONS ON THE REVERSE SIDE HEREOF ARE HEREBY INCORPORATED IN AND MADE A PART OF THIS CONTRACT. TIDEWATER OIL COMPANY BUYER y B lA B Y TITLE Witness: Form 6-4374 5/58 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 del ivery. 8. DRUMS: All 55 gallon drums in which any products are delivered are, and shall remain, the property of Seller. A drum deposit of $6,00 for each 55 gallon drum, payable when invoiced, will be charged to Buyer for each such drum delivered. Such deposit shall be refunded or credited to Buyer, without interest, only if such drum is returned in good condition to Seller within 90 days after date of invoice at the place where delivery was made or at such other place as Seller may designate. 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 Seller may terminate this agreement or refuse all further deliveries hereunder. 10. FORCE MAJEURE: Seller shall not be liable 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 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 hinder or delay Seller from making deliv- eries 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 designation of any of its products. Should it do so, this contract shall be deemed to cover prod- ucts of the new names or designations to the some extent as if said names or designations were specifically set forth herein.