Pre-Pay Plan for Oilheat

Terms & Conditions

1. ACCOUNT BALANCE: Any account balance must be cleared before Lessig Oil & Propane can accept any Prepay payments.
   
2. PRICE: Customer acknowledges that the market price of heating oil fluctuates from time to time and that the market price of heating oil at the time of any delivery of heating oil to the Customer under this Agreement may be higher or lower than the Prepaid Price per gallon set forth below. Customer understands and agrees that the Prepaid Price per gallon set forth below shall not be adjusted and, except as specifically set forth in this Agreement, that the Customer shall not be entitled to terminate this Agreement or receive any credit, rebate or refund, under any circumstances including, but not limited to, in the event that market prices for heating oil are lower than the Prepaid Price per gallon set forth below at the time of delivery.
   
3. QUANTITY: Customer acknowledges that this Agreement is for a certain quantity of heating oil. Customer understands and agrees that the agreed upon quantity of heating oil shall not be adjusted under any circumstances and that the Customer shall not be entitled to terminate this Agreement or receive any credit, rebate or refund for undelivered heating oil except that the Customer shall receive a credit at the end of the plan year for all undelivered heating oil, which credit may only be used towards future purchases from Lessig Oil & Propane and will not be refunded. The minimum amount of heating oil purchased shall be 400 gallons or the maximum amount of heating oil purchased shall be 100 percent of the prior year consumption at the contracted location.
   
4. DELIVERY: Automatic delivery is required. All deliveries of heating oil must be for a minimum of 160 gallons. Deliveries requested by the Customer below the minimum shall be made only at the discretion of Lessig Oil & Propane and shall be subject to the then current minimum delivery surcharge. Delivery shall be made only to the address listed below and not intended for delivery elsewhere. Any deliveries of heating oil made above the agreed upon quantity of Prepaid gallons of heating oil shall be billed to the customer at the prevailing price at the time of delivery.
   
5. SCHEDULE: This Agreement shall end on April 30, 2012 or when the agreed upon quantity of heating oil is consumed, whichever occurs first.
   
6. PRODUCT PURCHASE: This agreement is only for the purchase of #2 Heating Oil or Blend.
   
7. PRODUCT DELIVERY ADDRESS: Delivery shall be made only to one specified address and will not be intended for delivery elsewhere.
   
8. OTHER TERMS & CONDITIONS: Lessig Oil & Propane's obligation to perform under this Agreement is subject to all applicable laws, regulations, rulings or executive orders of any Federal, State or Local Government or authorized agency. In addition, Lessig Oil & Propane's obligation to perform under this Agreement is further subject to any cause beyond its reasonable control including, but not limited to, natural disasters, severe weather, Acts of God, civil unrest, embargo or strikes (each a "Force Majeure Event"). Under no circumstances shall Lessig Oil & Propane be responsible for any damages incurred by Customer due to, arising from or caused by, directly or indirectly, any Force Majeure Event. This Agreement contains and constitutes the entire understanding and agreement between the parties hereto respecting the subject matter hereof and supersedes and cancels all previous negotiations, agreements, commitments and representations, either oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may only be amended or modified by a written agreement duly executed by each of the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The Customer shall pay all of Lessig Oil & Propane's reasonable expenses incurred to enforce the terms of this Agreement, including, without limitation, reasonable attorneys' and expenses, whether or not incurred without the commencement of a suit, in any trial, arbitration or administrative proceeding, or in any appellate or bankruptcy proceeding.
   

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