Contract for Delivery of Heating Oil at a Capped Price

  • This contract is only valid with a promo code. If you did not receive a promo code from a Hirsch Fuels representative this contract is not valid.
    1. In this contract, the words I, me, mine, and my represent Hirsch Fuels, Inc. The words you, your, and yours represent each and every Buyer.
    2. Other Contracts: If we have another contract with you for the delivery of heating oil, if there is any conflict or difference in the language of the other contract and this contract for delivery of heating oil at a capped price, the terms of this contract will control.
    3. Automatic Delivery of Heating Oil: You agree to purchase from us, and we agree to deliver to you all your heating oil for the location stated on this contract. All deliveries will be made using our automatic degree day delivery system.
    4. Reasons for Non-Delivery: We will not be responsible for any failure to deliver heating oil if the reason for the failure is any of the following: fuel shortage, scarcity of labor, delay in deliveries by our suppliers, embargoes, strikes, riots, accidents, acts of God, acts of government, or any other reason beyond our reasonable control. We will not be responsible for damages for failure to deliver heating oil to vacant or unattended premises (premises where no adult is present for at least 24 consecutive hours). In any case of failure to deliver described in the paragraph, we have the right to cancel or postpone any delivery without any liability.
    5. Capped Price: During the term, we will charge you a capped price of $ per gallon, or less, of heating oil delivered. This means that your price will not be more than the capped price but may be less. We will have the absolute right to determine whether or not a lesser price will be charged. In making this determination, we will consider the price we charge to other customers who do not have this type of contract and any reduction in our cost for heating oil. This pricing program is made available to customers who do not want to be subject to price changes over a maximum price during the term. We do not warrant or represent that pricing under this contract will be less than or equal to pricing under any other delivery contract available to our customers during the term.
    6. Expiration: Upon expiration of Price Cap contract deliveries will continue to be made on automatic delivery at Hirsch Fuels' variable rate. IF CUSTOMER CHOOSES TO TERMINATE AUTOMATIC DELIVERY, THEY MUST NOTIFY HIRSCH FUELS, INC. BY CERTIFIED MAIL.
    7. Service Contract: This contract does not provide for service to your equipment. Service may be provided under a separate service contract. If you have a service contract with us and the term of the service contract is different from the term of this contract, your service contract will continue without interruption as long as you continue purchasing fuel from us on our automatic delivery system.
    8. Term: This Contract will have the following term:
    Start Date:
  • End Date:
    1. Payment Terms, Default: In order to maintain enrollment in the program, you must pay for each delivery of heating oil within thirty (30) days from the date of delivery and remain on automatic delivery. Customers using the budget payment plan must have the payments posted to your account by the 15th of each budget month. Payments must reach us by the due date. If you do not pay within that time, we may cancel this contract on written notice to you. In the event of a default in any part of the contract, we may cancel your contract on written notice to you, and you agree to pay all unpaid charges plus a Termination Fee of $1199.00. The Termination Fee is a liquidated damage to pay our costs in maintaining the price protections afforded by this program in the event you fail to perform, which costs you and we agree would be difficult to calculate with any reasonable certainty. All unpaid amounts will incur a finance charge of 1.5% per month (18% APR). If we refer your account for collection, you agree to pay reasonable attorney's fees in addition to any other amounts you owe us.
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  • Hirsch Fuels, Inc. will review this contract upon submission. Hirsch Fuels, Inc. reserves the right to reject this contract if the information entered by the customer is inaccurate.

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