01-26-2015 Council Packet - Laserfiche WebLink

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. ��c�� TERMS AND CONDITIONS FOR FIXED PRICE FUEL SUPPLY AGREEMENT From time to time, , with an office located at ("Buyer") and Mansfield Oil Company of Gainesville, Inc., with offices located at 1025 Airport Parkway, SW, Gainesville, GA 1025 Airport Parkway, SW, Gainesville, GA 30501 ("Seller") may enter into a Fixed Price Fuel Supply Agreement (the "Agreement"). The parties agree that the following terms and conditions shall apply to any such Agreement. 1. FUEL—Certain Refined Petroleum Products, as applicable, which meet the specifications of the respective jurisdictions where any such fuel shall be supplied. Buyer shall take control, possession and ownership of all Fuel at the time of delivery into Buyer's fuel storage tank(s). 2. QUANTITY AND TERM — Buyer shall purchase from Seller such quantity of Fuel in increments of barrels(42 gallons/barrel)per month (the"Minimum Guaranteed Quantity")as set forth in the applicable Fixed Price Fuel Supply Agreement between the parties which may be entered into from time to time. Buyer is required to take delivery on all quantities ratably during each month of the contract term. If Buyer obtains from Seller more gallons of fuel than is set forth above, then Buyer shall pay Seller its cost plus $0.0200 per gallon for each gallon exceeding such amount. 3. PURCHASE PRICE—The price for the Fuel shall be set forth on a Fixed Price Fuel Supply Agreement between the parties plus applicable freight, taxes and environmental or other regulatory fees. 4. LOCATION —Fuel shall be delivered to Buyer's facility(s) (the "Location(s)") listed on the Fixed Price Fuel Supply Agreement, which may be executed by the parties from time to time. 5. TERMS OF DELNERY— Deliveries shall be made by a Common Carrier Transport Truck. Each delivery shall consist of a full transport trailer truckload of fuel. 6. TERMS OF PAYMENT — Full payment for Fuel shall be paid via electronic funds transfer on or before the tenth day following the date of receipt of fuel by Buyer, with interest thereafter at the rate of 1.5% per month on any unpaid balance. Buyer is responsible for all costs of collection, including reasonable attorney's fees, if collected through an attorney. All fuel shall be billed on gross gallons or net gallons (fuel temperature corrected to 60 degrees Fahrenheit) in accordance with the applicable regulations in the jurisdiction where the Fuel is delivered. 7. FAILURE TO PURCHASE AT LEAST THE MONTHLY GUARANTEED QUANTITY. In the event that Buyer fails to purchase the Monthly Guaranteed Quantity in any month for any reason whatsoever (except due to the unavailability of Fuel from Seller due to Seller's fault), then Buyer shall be liable to Seller for the Loss or shall receive the Gain (both as defined below). If there is a Loss, then Seller shall submit to Buyer an invoice which shall be paid in accordance with the Terms of Payment section in this Agreement. If a Gain, Seller shall pay the Gain to Buyer within ten (10)days from the date of Seller's receipt of the Gain. Loss is defined as follows: if Seller maintains a back-to-back fuel supply arrangement with another entity, then Loss is the amount of damages assessable to Seller as a result of the shortage of gallons purchased by Seller from its supplier (or in the event of termination, the