(REVISION 12-07-2020)

  1. GENERAL TERMS: This is a contract for the purchase of heating oil / propane between the PURCHASER above and the seller, Sippin Bros. Oil Company, Inc. DBA Sippin Energy Products (SBOC). PURCHASER has agreed to purchase heating oil / propane from SBOC in the amounts and under the terms set forth in this price contract, including the price protection plan above. The program will commence on the START DATE stated above. The program will expire on END DATE stated above, or when all of the CONTRACTED GALLONS are delivered, whichever first occurs. All sales are final and not subject to change or alteration. SBOC may suspend deliveries and/or terminate this contract for breach if PURCHASER's account has a past due balance or un-paid program fee. All other charges or outstanding balances must be paid in full before PURCHASER can participate in any protected price program. All sales are final, and are not subject to change or alteration.
  2. PROGRAM DEFINITION: FIXED OR PRE-BUY PRICE: The per gallon price of oil under a fixed or pre-buy price does not change during the contract. It remains the same from the START DATE to the END DATE, or until all CONTRACT GALLONS are delivered, whichever occurs first. CAPPED PRICE (Also referred to as SMARTCAP). The per gallon price of oil under a cap price program will not exceed the capped price rate per gallon during the contract. If SBOC's retail price declines below the cap rate during the contract, the SBOC prevailing retail (meter) rate per gallon will be charged. A capped price program commences on the START DATE and ends on the END DATE, or when all CONTRACT GALLONS are delivered, whichever occurs first.
  3. AUTOMATIC DELIVERY; DELIVERY AND TANK CONDITION: PURCHASER agrees to purchase all heating oil / propane exclusively from SBOC on Degree Day or Electronic Gauge Automatic Delivery until all of the CONTRACT GALLONS above have been delivered to the PURCHASER, or until the contract expires. If the PURCHASER calls for an early delivery, prior to the forecasted due date, a special delivery charge will apply. If automatic delivery is suspended, or there is evidence that the location is receiving oil deliveries from another supplier, SBOC may terminate this contract for breach and liquidated damages as described below 

    will be charged to PURCHASER. Automatic delivery is provided as a customer convenience only and SBOC is not liable for any damages caused by failure to deliver heating oil / propane for any reason. PURCHASER is responsible for providing safe access to the delivery site by a fully loaded fuel truck in all weather conditions. The purchaser also acknowledges that the fuel storage tank is of sound condition, has a properly functioning vent alarm system, and is suitable for safe delivery and storage of heating oil / propane.
  4. AUTOMATIC DELIVERY CONTINUES AFTER CONTRACT EXPIRATION: Upon expiration of this price contract, the fuel delivery account will remain active on automatic delivery at the SBOC prevailing retail rate.
  5. DELIVERY DELAY OR FAILURE CAUSED BY OUTSIDE FORCES, ACTS OF NATURE, OR FORCE MAJEURE: Should a failure or delay occur in any part of the supply chain due to natural or man-made events beyond the reasonable control of SBOC, SBOC, at its option, may be excused from performing this contract during the period of delay or failure, or may void this contract without liability.
  6. PERFORMANCE SECURITY: Performance security for heating oil / propane purchased under this contract has been provided by the purchase of OTC (over the counter) and/or exchange backed commodity futures and/or options, as well as fixed forward and/or prompt physical supply agreements. Per CT statute, 90% of all contracted volume is secured within 5 working days.
  7. PAYMENTS; PROGRAM FEES; ATTORNEY FEES: All accounts subject to credit approval. All program fees, (including cap fees) are non-refundable. SBOC shall be entitled to collect attorney fees and interest in any action to collect amounts due hereunder. The Customer agrees payment in full is due upon receipt of invoice. A late charge of 1.5% per month, not to exceed the maximum allowable by law, will be assessed on all charges not paid within 30 days.
  8. TRANSFER: A price protection agreement may be transferred to another approved homeowner.
  9. BUDGET PAYMENT PLAN: Budget payments are estimated by the system as a convenience, and are subject to approval by SBOC Credit Department, and are subject to review and change after commencement of the budget plan.
  10. LIQUIDATED DAMAGES (FIXED PRICE OR PRE-BUY CONTRACT ONLY):
    1. There are no liquidated damages for a capped price program, however any cap program fees are not refundable after contract cancellation.
    2. If this contract is terminated for any reason other than SBOC's failure to deliver, the purchaser will be responsible to pay for liquidated damages if any of the following conditions occur:
    3. LIQUIDATED DAMAGE CALCULATION: Liquidated damages are calculated by subtracting the total starting contract value (price per gallon X gallons purchased), from the remaining contract value (price per gallon of that program type at the time of termination X remaining undelivered gallons of contract). Example: A contract is signed for the purchase of 1,000 gallons at a fixed price of $4.00 per gallon. At the time of the purchaser's early termination, the price of oil for the same program type is $3.00 per gallon, if the remaining undelivered volume of the contract is 500 gallons, the total liquidated damages charged to the purchaser would be (1.00 dollar per gallon X 500 gallons)= $500.00.
  11. LIMITATION OF LIABILITY; WAIVER OF SUBROGATION: No party shall be liable for any special, consequential, incidental damages. Both parties waive any right of subrogation and recovery against each other for events occurring or arising out this Agreement.
  12. TELEPHONIC CONTRACTS: If PURCHASER accepts this contract by recorded telephone call: (a) PURCHASER must orally confirm to SBOC's agent that he or she has read, understands, and agrees to this contract; and (b) SBOC's agent must orally confirm the contract term, rate and cost of the protect price program hereunder. PURCHASER has the right to rescind his or her acceptance of a telephonic contract within 3-days of receipt of the confirmation by writing to SBOC at the address above. A telephonic contract is valid and binding upon PURCHASER upon his or her oral acceptance, subject only to the right to rescind acceptance.
  13. DISCLOSURE NOTICE CONCERNING CREDIT CARD PAYMENT OPTION: If you pay by credit card for a prepaid guaranteed heating fuel price plan contract, you may be entitled to recovery payments pursuant to the federal Fair Credit Billing Act or your credit card company's terms and conditions if heating fuel is not delivered to you in accordance with the contract.
  14. INTERNET CONTRACTS: If PURCHASER accepts this contract by checking the boxes below and clicking I AGREE below, this contract is immediately valid and binding upon PURCHASER.
  15. CONFIRMATION: This contract is not valid on SBOC until it generates a contract confirmation number. If an internet contract, the confirmation number is created and a confirmation e-mail is sent to purchaser's email address above when purchaser checks the boxes below indicating acceptance and click on "I agree". If this contract is being accepted over the phone, a SBOC agent will read and record the confirmation number which will be included in a copy that will be mailed or e-mailed to purchaser.
  16. TAXES:  Customer is responsible for all state and federal taxes. If any state or federal tax is imposed at a later date and during the term of the contract, they will be added to any remaining obligations on the contract as required by state or federal law.