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<br /> YOCUM OIL COMPANY PRICE PROGRAM SALES AGREEMENT
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<br /> DEFICIENCY PAYMENTS:
<br /> If, during the delivery period, the Buyer does not take the Quantity, Seller may, in its sole discretion,
<br /> charge the Buyer a "non-compliance" fee equal to the difference between the open market price
<br /> (average posted prices at the contract terminal(s) during the delivery period) and the contract Fixed
<br /> Price on the"non-compliance"volume. Note: A"non-compliance fee"will only be imposed on the Buyer
<br /> when the Fixed Price is greater than the open market price. If the market price is greater, then no fee
<br /> shall be incurred by either party. If the total delivered quantity during the month exceeds the contract
<br /> Quantity, Seller's applicable market pricing will apply to such excess volume.
<br /> PAYMENT TERMS: All payments will be made via Seller initiated Electronic Funds Transfer(EF� Net 10 days from Invoice
<br /> Date. Buyer agrees that payments not received by Seller or still owing more than ten (10) days past the
<br /> due date,will bear interest at the lesser of eighteen (18%) percent per annum or the maximum lawful
<br /> rate per annum. If Buyer's ability to pay or creditworthiness shall deteriorate in Seller's sole judgment,
<br /> Seller may,without prejudice to any remedy reserved in this Agreement or other lawful remedy, defer
<br /> shipment until payment is made, demand cash payment, or terminate this Agreement pursuant to
<br /> Termination clause. Buyer acknowledges that Seller's withholding or terminating of credit privileges does
<br /> not constitute a constructive termination of this Agreement, nor does it relieve either party of any duties
<br /> or obligations under this Agreement. Buyer will pay all costs, including attorneys'fees, incurred by Seller
<br /> in collecting amounts owed under this Agreement.
<br /> DELIVERY PERIOD: During months as outlined above.
<br /> F.O.B.: Orono, MN
<br /> TERMINATION BY SELLER:
<br /> Seller reserves the right to terminate this Agreement immediately if Buyer fails to comply with any of the
<br /> terms of this Agreement, its Addenda(if any), or any other Agreement between the parties. Any
<br /> outstanding obligations of Buyer remain in effect if the Agreement is terminated.
<br /> FACILITATORS: Tony Yocum V/Nate Kovacevich 651-739-9141 (SELLER) Don Debaere (BUYER)
<br /> CREDIT: Credit shall be arranged with Seller's Credit Department(651-739-9141).
<br /> SPECIFICATION CHANGES:
<br /> The above prices are based on current federal, state and local product specifications in force for the
<br /> given market on the date of this agreement. Notwithstanding any adjustments described above, if
<br /> specifications change during the Delivery Period, Seller may deliver product that meets the
<br /> specifications in effect at time of delivery and may adjust prices to reflect the fair market value of any
<br /> changes in specifications. (Includes Ethanol, Bio-diesel and Ultra Low Sulfur Diesel as mandated).
<br /> LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES:
<br /> Buyer shall indemnify and defend Seller from and against any liability arising from any breach of this
<br /> contract by Buyer and from and against any liability, of whatever nature or kind,to which Seller might
<br /> become subject resulting from Buyer's handling, storage, sales,transportation, use, misuse or disposal
<br /> of product purchased hereunder, including but not limited to, liability for environmental violations and
<br /> employee or consumer health or safety. Buyer agrees without limitation to promptly and properly
<br /> provide its employees, customer and community representatives,as appropriate, any information
<br /> provided by Seller relating to hazards, human health, or human or environmental safety on product sold
<br /> Page 2 of 3 Rev 3/09/O1
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