Retail Credit Agreement

  1. The words you, your and yours means each and every and all BUYERS.

  2. PURCHASES: Westmore Fuel Co., Inc. will deliver, subject to the conditions in paragraph #3 below, fuel oil at our established price. Deliveries will be made to you, on an automatic degree day basis, unless otherwise noted on this Agreement. A meter-printed ticket will be left each time a delivery is made. You agree to accept each delivery and to pay the amount due on your statement/invoice within 30 days from the billing date.

  3. NON-DELIVERY CONDITIONS: Westmore Fuel Co., Inc. will not be responsible for any failure to deliver fuel oil which is scheduled for delivery for any of the following reasons: fuel shortages, scarcity of labor, delay in deliveries by our suppliers, embargoes, strikes, riots, accidents, disorders, Acts of God, acts of any type by any governmental authority or for any reason beyond our reasonable control. In each and every case, Westmore Fuel Co., Inc. has the right to either cancel or postpone any delivery without any liability whatsoever.

    3A. If Westmore Fuel Co., Inc. deems the customer's credit unsatisfactory, or in the event of non-payment of any bill due, Westmore Fuel Co., Inc. may automatically suspend deliveries, pricing contracts, and service under this order to terminate the order with or without notice and without further responsibility.

  4. SERVICE PLAN AGREEMENT: If you have a Service Plan Agreement with Westmore Fuel Co., Inc., you may also charge the price of the Service Plan Agreement to your credit account with us. If you do so, you agree to pay the full amount of the contract within 30 days of the statement/invoice on which this charge appears.

  5. SERVICE CHARGES: If you require service work, including parts and/or labor, which is not covered by the Service Plan Agreement, warranty or guarantee, you agree to pay for this billable service by paying the service invoice which is mailed to you directly after the service is performed or charge this amount to your charge account with us. If you do add this to your charge account, you agree to pay the full amount due for this service work within 30 days of receipt of the billable service invoice on which this charge appears.

  6. GUARANTEED PRICE PER GALLON: A guaranteed price per gallon rate is done by separate agreement.

  7. AUTOMATIC PAYMENT: You agree to allow Westmore Fuel Co., Inc. to automatically charge your credit card or banking account for all account charges.

  8. HOW TO AVOID FINANCE CHARGES: If payment in full is received within 30 days of transaction, no FINANCE CHARGE will be added on your account. You, the buyer, may at any time pay this indebtedness.

  9. FINANCE CHARGES: You agree that if you fail to make payments within 30 days of the statement/invoice, then you will pay a FINANCE CHARGE to be added to your account at the end of the first monthly billing cycle following the month in which those charges are incurred. The FINANCE CHARGE is calculated at the rate of .0493% per day (1.5% monthly or 18% annually), or the highest interest permitted by law, whichever is lower. You agree that if you fail to pay the amount when due under the terms of this Agreement, default will have occurred. If you are in default, Westmore Fuel Co., Inc. can demand immediate payment of your outstanding balance. You agree that if Westmore Fuel Co., Inc. or its assignees hire an attorney or collection agency to collect your outstanding balance, you will have to pay all costs of collection. These costs will include Court fees, Sheriff's fees and reasonable attorney or assignee fees.

  10. BALANCES PAST 30 DAYS: You agree to allow Westmore Fuel Co., Inc. to automatically charge your credit card for any overdue balances past 30 days.

  11. WAIVER OF SUBROGATION: Westmore Fuel Co., Inc. and the Customer each hereby waive any and all rights of recovery against each other, including our officers, members, agents and employees, occurring on or arising out of this Agreement, the delivery of heating oil and any system maintenance or repair at your premises to the extent such loss or damage is covered by proceeds received from casualty, homeowners or other insurance carried by the other party. The party sustaining such loss shall have no right of recovery against the other party; or the agents, servants, or employees of the other party; and no third party shall have any right of recovery by way of subrogation or assignment or otherwise. Westmore Fuel Co., Inc. and the Customer shall each indemnify the other party against any loss or expense, including reasonable attorney or assignee fees, resulting from the failure to obtain such waiver. This mutual waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Agreement with respect to any loss of, or damage to, property of the parties hereto.

  12. IRREGULAR PAYMENT & DELAY OF ENFORCEMENT: Westmore Fuel Co., Inc. can accept late payments, partial payments or payments marked "payment in full" without losing any of our rights under this Agreement. Westmore Fuel Co., Inc. can also delay enforcing our rights under this Agreement without losing any of our rights under this Agreement.

  13. RETURNED PAYMENTS: Customer is responsible to pay bank fees for any paper or electronic payments returned to us by your bank.

  14. TENANTS: All tenants are required to pay a refundable security deposit. The security deposit will be refunded upon account termination, minus any monies owed.

  15. CANCELLATION: We or you can cancel your account at any time on 30 days written notice. If you have a price contract, we retain our rights to enforce that contract. You agree to remain responsible for payment for all purchases made before the 30 days period expires. We also have the right to cancel your account without notice if you fail to make payments on time.

Westmore Fuel Co., Inc. may order a consumer report in connection with this application and subsequent consumer reports in connection with updating, renewing existing, or future extensions of credit. Upon your request, Westmore Fuel Co., Inc. will provide the name and address of the consumer credit reporting agency furnishing such a report to us.

The Federal Equal Credit Opportunity Act prohibits us from discriminating against you in any way in the granting of credit. The Federal Agency which administers compliance with this law is the Federal Trade Commission, Washington, D.C., 20580.

Your signature on the enrollment form constitutes your acceptance of all the terms and conditions set forth herein. There shall be no changes, verbal or written, accepted to the terms and conditions set forth herein.

NOTICE TO BUYER: (a) Do not sign this Credit Agreement before you read it or if it contains any blank spaces; (b) you are entitled to a completely filled in copy of this Credit Agreement.