Contract for Delivery of Heating Oil at a Capped Price

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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. Customers who choose the price cap program will pay the cap price or our daily market price, whichever is lower. At no time will you pay more than the cap price.
  3. If customer is on a budget plan, the cap protection fee is incurred immediately upon enrollment. The cap protection fee is not refundable in total, nor can it be refunded on a pro-rata basis.
  4. Customer agrees that Hirsch Fuels, Inc. is the sole supplier of heating oil and accepts deliveries by Automatic Delivery Only from Hirsch Fuels, Inc. Failure to do either will constitute the Customer’s premature termination of this contract.
  5. This contract does not guarantee delivery of capped price product if for any reason there is a product shortage, market disruption, or Acts of God. We will not be held liable. Delivery will be made as soon as product is available. Prices do not include any new additional fees or taxes that the state or federal government may impose on Hirsch Fuels or the consumer. In the event that new or additional fees or taxes are imposed after this contract is signed, these charges will appear as a separate line item on your bill to cover the associated costs, as they are required by law and beyond Hirsch Fuels’ control.
  6. Requests for oil tank top-offs or requests that Hirsch Fuels, Inc. stop deliveries for any reason are not considered automatic delivery and are not permitted under this contract.
  7. Hirsch Fuels, Inc. has sustained the cost of securing wholesale heating oil in order to make this offer to the customer. If the Customer prematurely terminates this contract prior to any deliveries being made, or during the term of the contract, then the Customer agrees to pay Hirsch Fuels, Inc. the liquidated damages associated with acquiring heating oil for the Customer in the amount of $1,199.00.
  8. Customer’s account will be considered past due if we have not received payment in accordance with the budget payment schedule or if we have not received payment within 30 days for any non-budget amount owed. Customer’s accounts that are past due may, at Hirsch Fuels, Inc.’s discretion, constitute the Customer’s premature termination of this contract. Hirsch Fuels may re-bill such customers at the market rate for the deliveries that are past due, automatic delivery may be suspended, and future deliveries may be billed at market rates.
  9. After this contract expires, the customer agrees to remain on automatic delivery at market rate unless a new price agreement is in place or until the customer provides Hirsch Fuels, Inc. with a written request to terminate automatic deliveries.
  10. This contract will not be accepted with unauthorized amendments.
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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