Terms & Conditions
FOR VALUE RECEIVED AND IN CONSIDERATION OF THE EXTENSION OF CREDIT FOR FUEL DELIVERY AND SERVICE WORK FROM BROTHERS OIL COMPANY, INC., BUYER HEREBY AGREES TO THE FOLLOWING:
PAYMENT IS DUE WITHIN TEN (10) CALENDER DAYS OF DELIVERY OR SERVICE, AFTER WHICH FUEL DELIVERY BILLS WILL BE ASSESSED A 10 CENT ($0.10) PER GALLON LATE PAYMENT FEE AND BILLS FOR ANY SERVICE WORK INCLUDING HEATING SYSTEM AND TANK INSTALLATIONS WILL BE ASSESSED A TEN PERCENT (10%) LATE PAYMENT FEE.
SHOULD BUYER FAIL TO PAY WITHIN TEN (10) CALENDER DAYS OF DELIVERY OR SERVICE AND COLLECTION BECOMES NECESSARY, BUYER SHALL BE RESPONSIBLE FOR ANY AND ALL COLLECTION FEES AND/OR COSTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, MARSHAL FEES AND/OR COURT FEES.
ANY BALANCE PAST DUE IN EXCESS OF THIRTY (30) DAYS WILL BE ASSESSED A MONTHLY FINANCE CHARGE EQUAL TO THE MAXIMUM ALLOWABLE INTEREST RATE.
BROTHERS OIL COMPANY, INC. HAS SOLE DISCRETION TO APPLY PAYMENTS RECEIVED FROM BUYER IN ANY MANNER TO BUYER’S ACCOUNT THAT BROTHERS OIL COMPANY, INC. DEEMS PROPER.
NO ADDITIONAL FUEL DELIVERIES OR SERVICE WORK WILL BE PERFORMED WHILE AN ACCOUNT HAS A PAST DUE BALANCE.
BROTHERS OIL COMPANY, INC. WILL NOT BE RESPONSIBLE FOR “RUN-OUTS” WHEN A BALANCE REMAINS DUE. BROTHERS OIL COMPANY, INC. SHALL NOT BE RESPONSIBLE FOR DAMAGES OR LOSSES SUSTAINED BY BUYER FROM LATE FUEL DELIVERIES OR SERVICE WORK. IN NO EVENT, SHALL BROTHERS OIL COMPANY, INC. BE LIABLE TO BUYER FOR ANY CONSEQUENTIAL, SPECIAL, LIQUIDATED OR INCIDENTAL DAMAGES, INCLUDING LOSS OF ANTICIPATED PROFITS OR DELAY.
FOR THE DURATION THAT BUYER IS ENROLLED IN AUTOMATIC DELIVERY, BROTHERS OIL COMPANY, INC. IS TO BE THE SOLE PROVIDER OF FUEL OIL FOR THE SERVICE ADDRESS REFERENCED IN THIS APPLICATION AND FOR ANY OTHER PROPERTIES IN WHICH BUYERS HAS ENROLLED IN AUTOMATIC DELIVERY. NOTIFICATION TO TERMINATE AUTOMATIC DELIVERY MUST BE PROVIDED BY BUYER TO BROTHERS OIL COMPANY, INC. IN WRITING OR IN PERSON.
ADDITIONS AND/OR CHANGES TO LATE PAYMENT CHARGES AND POLICY MAY BE MADE AT ANY TIME WITHOUT WRITTEN NOTICE.
ALL INFORMATION CONTAINED WITHIN THIS APPLICATION AND ANY SUBSEQUENT ACCOUNT INFORMATION WILL NOT BE DISSEMINATED BY BROTHERS OIL COMPANY, INC. TO ANY THIRD PARTY WITHOUT BUYER’S APPROVAL, EXCEPT IN THE EVENT THAT COLLECTION OF PAST DUE BALANCES BECOMES NECESSARY.
BUYER HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS TO NOTICE AND/OR HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AND ANY OTHER STATUTORY OR CONSTITUTIONAL RIGHT TO NOTICE OR HEARING PRIOR TO THE USE OF ATTACHMENT, GARNISHMENT OR ANY OTHER PREJUDGMENT REMEDY PROCEDURES UNDER THE CONNECTICUT GENERAL STATUTES.
BUYER AUTHORIZES BROTHERS OIL COMPANY, INC. TO INVESTIGATE BUYER’S CREDIT HISTORY, TO REQUEST AND RECEIVE CREDIT AND FINANCIAL INFORMATION ON BUYER FROM CREDIT REPORTING SERVICES, SUPPLIERS, AND FINANCIAL INSTITUTIONS. IF BROTHERS OIL COMPANY, INC. BECOMES AWARE OF DAMAGING OR UNFAVORABLE CREDIT INFORMATION OF BUYER, BROTHERS OIL COMPANY, INC. RESERVES THE RIGHT TO SUSPEND CREDIT UNTIL BROTHERS OIL COMPANY, INC. BECOMES SATISFIED THAT THE BASIS FOR AN ONGOING CREDIT RELATIONSHIP IS SOUND.
BROTHERS OIL COMPANY, INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR PURPOSE, UNLESS SPECIFICALLY GRANTED BY BROTHERS OIL COMPANY, INC.
THIS CREDIT AGREEMENT REPRESENTS THE COMPLETE AND INTEGRATED UNDERSTANDING OF THE PARTIES HERETO AS TO THE MATTERS CONTAINED HERIN AND SUPERCEDES ANY AND ALL AGREEMENTS REACHED BY THE PARTIES PRIOR TO THE EXECUTION OF THIS CREDIT AGREEMENT, WHETHER WRITTEN OR ORAL, AS TO SUCH MATTERS.
ANY WAIVER BY BROTHERS OIL COMPANY, INC. OF ANY TERMS OR CONDITIONS OF THIS CREDIT AGREEMENT OR WAIVER OF ANY BREACH THEREOF SHALL NOT BE CONSTRUED AS A WAIVER OF ANY OTHER TERM, CONDITION OR BREACH OF THIS CREDIT AGREEMENT.
THIS CREDIT AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT AND ANY LEGAL PROCEEDING ARISING OUT OF THIS CREDIT AGREEMENT SHALL BE BROUGHT IN THE CONNECTICUT SUPERIOR COURT, JUDICIAL DISTRICT OF HARTFORD OR ANY OTHER STATE COURT OF COMPETENT JURISDICTION WITHIN SAID JUDICIAL DISTRICT FOR HEARING IN THE SAME.