IRVING ENERGY FUEL AGREEMENT - GENERAL TERMS & CONDITIONS

 

PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY ADDRESS IMPORTANT DETAILS REGARDING YOUR FUEL PLAN, INCLUDING HOW GOVERNMENT-IMPOSED TARIFFS (IF AND WHEN IMPOSED) COULD IMPACT YOUR FIXED OR CAPPED PRICE.

 

Acceptance of Agreement: This Agreement will be considered final and binding on Irving Energy (hereinafter the "Company") only after our Company has sent a written confirmation of acceptance. Our Company may elect, prior to acceptance, to: (1) inspect your fuel tank (typically only for new customers), and (2) perform a standard credit check.

 

Term: This Agreement begins when our Company accepts your Agreement and continues through the Heating Season (defined below).

 

Choice of Gallons: You are responsible for reasonably estimating how many gallons of fuel you wish to buy at a Fixed or Capped Price (your "Choice of Gallons").

 

Delivery of Fuel: Our Company will deliver your Choice of Gallons solely to the delivery location(s) noted on your account; automatic delivery is a requirement of the Agreement. You agree not to use another supplier for the heating fuel type covered by this Agreement until all your Choice of Gallons are delivered to you. While our Company will make reasonable efforts to avoid any situation where you might run out of fuel, these events occasionally do occur, and, if it does: (i) our Company will deliver fuel to you as quickly as reasonably possible; (ii) such an event does not void this Agreement.

 

Price: For Fixed Price Plan customers, the price you agree to pay for your Choice of Gallons will be as specified in your Agreement (the " Fixed Price"). For Cap Protection Plan customers, the price you agree to pay for your Choice of Gallons will be the lower of the Fixed Price or the then-current Irving retail market price. You must take delivery of all Choice of Gallons within the Heating Season, which is the period that: (1) begins on the later of (i) September 1, 2025 or (ii) the date on which our Company accepts your Agreement, and (2) ends on May 31, 2026. No prompt pay discounts apply during the Heating Season. The price for any (1) additional fuel delivered in excess of your Choice of Gallons, or (2) fuel delivered before or after the Heating Season, will be our Company's then-current retail market price, and all such deliveries will continue to be on an automatic delivery basis. If you are under an equalized payment plan, if there is a positive balance on your account at the end of the Heating Season, such amount will remain on your account as a credit for future purchases or services from the Company at then-current prices.

 

Payment: Unless otherwise provided in the specific terms of your fuel plan or this Agreement, all invoices shall be paid within thirty (30) days from the date of such invoice. To the extent that invoices remain unpaid more than thirty (30) days from date of issuance, Customer agrees to pay late payment charges at the maximum rate permitted by law. All credit terms of payment are subject to the written approval of the Company.

 

Taxes and Fees: The Price excludes (whether existing as of the effective date of the Agreement or imposed or modified after the effective date of the Agreement) all: (1) government-imposed taxes and fees applicable to the sale, delivery, transportation, or importation of the product sold to you pursuant to this Agreement; and (2) Company-imposed fees or charges related to the sale and delivery of the Choice of Gallons; you agree to pay all such taxes, fees and charges, except to the extent prohibited by applicable law.

 

Tariff Charge: You hereby acknowledge that the product you are purchasing pursuant to this Agreement may, in our Company's sole discretion, consist of product imported into the U.S. that is, or may become during the term of this Agreement, subject to a government-imposed customs duty or similar fee (a "Tariff"). Notwithstanding any terms in this Agreement that may be to the contrary, in addition to the Price of the Choice of Gallons (including Fixed or Capped Price) and all other amounts due to Irving pursuant to this Agreement, YOU AGREE TO PAY TO OUR COMPANY A PER-GALLON TARIFF CHARGE (DEFINED BELOW) FOR ALL PRODUCT DELIVERED TO YOU DURING ALL TIME PERIODS THAT A TARIFF IS IN EFFECT FOR THE TYPE OF PRODUCT BEING DELIVERED TO YOU PURSUANT TO THIS AGREEMENT. The Tariff Charge will apply regardless of the date of importation, if any, of the product actually delivered to you. Our Company reserves the right to reduce, suspend, and/or reinstate the Tariff Charge for any Product at any time and from time to time.

 

"Tariff Charge" shall mean an amount equal to the commodity value of the delivered product as of the date of delivery, multiplied by the then-applicable government-imposed Tariff rate. The foregoing commodity value shall be calculated by Irving in a manner that is reasonably consistent with industry standards and practices.

 

Default/Termination: You may not terminate this Agreement once our Company has accepted it. You will be in default if you fail to comply with any provision of this Agreement (which shall entitle our Company to terminate this Agreement). Upon termination, you shall immediately pay to our Company all amounts that you owe to our Company (even if you are under an equalized payment plan) and in addition to any other damages for which you may be liable, you agree to pay to our Company liquidated damages calculated as follows : (1) For Heating Oil: (Choice of Gallons minus actual gallons delivered) times $1.50; and (2) For Propane: (Choice of Gallons minus actual gallons delivered) times $1.25. The parties agree that such liquidated damages are a reasonable estimate of Irving's damages and are not intended to be a penalty. You also agree to pay for our Company's reasonable collection costs upon termination for default, including reasonable attorney fees and legal costs, to the extent permitted by law.

 

Notices: To contact Irving Energy regarding your Agreement: 1.888.310.1924, homecomfort@irvingoil.com, or 190 Commerce Way, Portsmouth NH 03801 (Attn: PPP Manager).

 

Additional Terms: If we are prevented from performing our Company's obligations under this Agreement by weather, supply interruption, or any other matter beyond our reasonable control, our Company's performance shall be excused until such time as such conditions have ended. You agree to provide us with safe access to the product delivery location and to properly maintain your fuel oil tank(s) and associated fill pipes. This Agreement is the entire agreement between you and our Company regarding fuel delivery and price; no provision in this Agreement can be changed or waived verbally (for example, by a delivery driver or service technician). This Agreement cannot be assigned or transferred by you to anyone else without our Company's written consent. Our Company may assign this Agreement upon written notice to you. Your obligations under this Agreement, including your obligation to pay all amounts owing to our Company, and the limitations on our Company's liability stated in this Agreement, shall continue in full force and effect beyond the term of this Agreement or any earlier termination. If any part of this Agreement is determined to be invalid or unenforceable, such part will be treated as if it were never in this Agreement and shall not affect the validity or enforceability of the rest of this Agreement. Our tank inspection and/or approval of your fuel tank (if any) does not guarantee the soundness or quality of your tank; this inspection is only for our Company's purposes, and you may not rely on our Company's inspection or approval for any purpose whatsoever. This Agreement shall be interpreted and governed by the laws of the state of the delivery location of the account; you agree that any litigation arising from the subject matter of this Agreement may only be brought in a state or federal court located in the state of the delivery location of the account. Title to, and risk of loss of, all product(s) delivered pursuant to this Agreement shall pass to Customer upon leaving the permanent hose connection of Company's delivery truck. Customer shall comply with all applicable laws relating to the use, receiving, and storage of the Product(s) delivered hereunder. WE SECURE OUR FUEL DELIVERY OBLIGATIONS UNDER THIS AGREEMENT BY PURCHASING FUTURES CONTRACTS FOR FUEL.

 

Limitation of Liability: In no event, even if you run out of fuel, shall: (1) our Company be liable for consequential, special, or punitive damages arising from this Agreement; and (2) our Company's liability under this Agreement exceed the amount you actually paid to us for fuel under this Agreement. As some jurisdictions do not allow certain liability limitations or exclusions, the foregoing terms of this section may not apply to you.

 

Regulatory Disclosures: For NH residents: The New Hampshire Department of Justice Consumer Protection Hotline can be reached at (888)-468-4454 or at DOJ-CPB@doj.nh.gov.