Plan A Terms and Conditions
- Minimum Purchase: A minimum purchase of 500 gallons is required
- Contract Term: This agreement is for the number of gallons purchase above or until June 30, 2015 whichever comes first.
- Sole Supplier: All oil deliveries will be made on an automatic basis and shall be the responsibility of Tuxis-Ohr’s. In consideration of Tuxis-Ohr’s responsibility to secure the agreed upon quantities of oil in accordance with CT State law, Customer agrees to purchase 100% of Customer’s oil from Tuxis-Ohr’s. Customer will be considered to have breached this contract if Customer accepts less than 65% of the oil which Customer and Tuxis-Ohr’s have agreed to in this contract.
- Unused Gallons: As of June 30, 2015, if Customer uses less than 100% of the agreed upon gallons in this contract, but more than 65% of those agreed upon gallons as mentioned in section 3, the credit balance left on the Customer’s account shall remain there for credit against future purchases or a credit can be issued if requested.
- Additional Gallons: If Customer uses all the oil purchased under this agreement, Tuxis-Ohr’s will continue to deliver to Customer on an automatic delivery basis and customer agrees to accept such automatic deliveries. Any additional gallons delivered will be charged at Tuxis-Ohr’s posted price at the time of delivery. Such posted price may be more or less than the price agreed to in this contract.
- Limitation of Liability: In no event shall either party be liable for consequential, incidental, indirect or punitive damages (including but not limited to lost profits or savings) however caused, even if such party has been advised or is otherwise aware of the possibility of such damages.
- Liquidation Damages: In the event that Customer breaches this contract by not abiding to the Terms and Conditions set herein, Tuxis-Ohr’s reserves the right to charge Customer a liquidation fee equal to the damages suffered by Tuxis-Ohr’s and any lost profit. The liquidation damages will be based on unused gallons multiplied by the difference between the contract price and the posted price on the date of the breach. Tuxis-Ohr’s also reserves the right to charge Customer an additional fee of $200 for administration charges associated with your unused fuel in addition to any reasonable legal fees sustained by Tuxis-Ohr’s in the enforcement of this clause.
- Downside Protection: Customer has the option to pay an additional $0.30 per gallon to obtain downside protection. In such situation, if Tuxis-Ohr’s posted price at the time of delivery falls below the contract price, Customer will pay the lower posted price on that day for that specific delivery.
- DISCLOSURE NOTICE CONCERNING CREDIT CARD PAYMENT OPTION: Please note that payment received by credit card for a prepaid contract for heating fuel may entitle the purchaser to recovery of any payments for non delivery of heating fuel in accordance with the prepay contract.