Where possible, you the customer shall agree to MX Petroleum Corp.’s Standard Agreement prior to delivery of product from seller’s truck.
Title: Title and risk of loss, including without limitation, risk of damage, deterioration and/or evaporation, passes from MX Petroleum Corp to you the BUYER, when the product passes the flange or spout between MX Petroleum Corp.’s delivery line and your receiving connection or equipment. Whether truck, rail car, barge or other receiving equipment.
Credit Approval/Account Set Up
All propane accounts must be credit approved. An authorized agent of MX Petroleum Corp. will verify credit through the process of contacting credit references provided to us by the customer on the corresponding credit application. The credit application will remain on file as long as you remain a customer. All information provided is for MX Petroleum Corp.’s use only and will not be shared with any outside parties. Please be advised that all credit approved propane accounts will be set up with automatic delivery. MX Fuels reserves the right to remove your account from automatic delivery at any time if you fail to abide by the terms and conditions as set forth in this agreement. If for any reason you choose to have your account removed from automatic delivery it is required that you submit a written request to our office at PO Box 638, Massena NY 13676.
General Terms & Conditions of Payment
MX Petroleum Corp. requires payment in full within the terms as described to you at the time your account is established. To the extent that purchases remain unpaid beyond agreed terms; MX Petroleum Corp. will assess finance charges or interest, whichever is applicable, at the maximum rate allowable under NY State Law. Payments received will be applied to any finance charges or interest owing on the account first with any remaining credit to be applied towards aging balance. (MX Petroleum Corp. does not accrue interest upon interest).
If payment is not received within your payment terms, then you will receive written and/or verbal notice that the tanks will be picked up due to non-payment. Any costs and/or fees accrued as a result of tank pick up will be the responsibility of the customer.
If full restitution is not made on purchases within 60 days and no other payment agreement can be reached, Seller reserves the right to perform an E.F.T. payment using your bank information to secure the balance past due on account. If this option is not available, MX Petroleum Corp. also reserves the right to proceed with collections through a 3rd party agency or take civil action against you in a court of law. Any expense accrued by MX Petroleum Corp. in an attempt to collect a debt owed, including but not limited to reasonable attorney’s fees and court costs, must be reimbursed to MX Petroleum Corp. by you the customer.
Taxes: All taxes, duties, fees or any other charges (collectively “Taxes”) that are imposed or assessed by any Federal, State, County or Local Government or Agency in respect to the purchased product will be paid to the SELLER by the BUYER. If BUYER is exempt from any taxes, fees or charges, it must provide the Seller with a proper Exemption Certificate prior to lifting any product. Failure to timely provide the proper Exemption Certificate shall automatically subject the BUYER to pay such tax, fee or charge, include any applicable interest, penalties, and/or consequential costs or fees imposed upon Seller as a result of such failure.
Lock In Pricing/Cash Discount Terms & Conditions
Customer understands that upon execution of this agreement, MX Petroleum Corp. may enter into contracts or arrangements to obtain and secure supply of the committed gallons to supply customer at the Lock In Price. Customer acknowledges that MX Petroleum Corp. cannot predict whether the price of propane will go up or go down and that the Lock In Price shall apply to all customer’s required gallons during term of the Lock In Pricing even if the MX Petroleum Corp. selling price is less than the Lock In Price at the time of delivery. Should customer cancel this contract or be in default prior to the completion of the Lock In Period, MX may assess penalties to recover MX losses and/or attorney fees along with restocking and termination fees.
Propane Tank Rental Fees for Customer/Minimum Purchase Requirements
By signing this contract, you are agreeing to a minimum yearly (January 1st – December 31st) purchase requirement described below. These requirements will take effect beginning January 1st of the year following the contract date.
MX Petroleum Corp. may charge a yearly tank rental fee or a delivery fee per tank.
In the event a customer fails to meet the minimum purchase requirements, MX Petroleum Corp. reserves the right to charge a yearly rental fee of $100.00 per tank for the shortfall gallons. Account reviews will be in the month of January and any applicable rental fees will be billed at this time.
Required Purchase Requirement: 200 lb Tank – 50 Gallons Per Year, 330 Gallon Tank- 350 Gallons Per Year, 420lb Tank – 100 Gallons Per Year, 500 Gallon Tank – 500 Gallons Per Year, 1000 Gallon Tank – 1000 Gallons Per Year
Claims: Any controversy or claim regarding the quality of purchased product will be Time-Barred unless by the BUYER in writing to MX Petroleum Corp. within ten (10) days of purchase date.
Assignment: You the BUYER cannot assign any of its product contract rights or obligations without the prior written consent of MX Petroleum Corp. MX Petroleum Corp. may assign the product contract rights for the purpose of financing to its banks and/or financial institutions.
Waiver: Any failure of MX Petroleum Corp. to enforce any provision shall not be deemed a waiver of the right to enforce such provisions in the future.
Warranty: Except as to quality, MX Petroleum Corp. makes no warranties, expressed or implied, with respect to the merchantability of product or otherwise. The warranty of fitness for a particular purpose is expressly disclaimed. In no event shall Seller be liable for incidental, consequential or punitive damages.
Force Majeure: Neither MX Petroleum Corp. nor you the BUYER is liable for failure to timely perform any of his obligation under this contract, if failure was due to impediment beyond the party’s control, including but not limited to National and International markets in fuel supply and production. The party-claiming impediment shall give facsimile notice to the other party prior to delivery time and date. The party-claiming impediment shall use all reasonable and diligent efforts and delivery shall be suspended only so long as the impediment remains, unless the parties agree to terminate their mutual obligation.
Termination/Default of Contract
MX Petroleum Corp. reserves the right to terminate this contract at any time for any of the following reasons:
- Fails to maintain an acceptable credit rating with MX Petroleum Corp. or is otherwise in arrears in any bill due to MX Petroleum Corp. or its service representatives; (MX Petroleum Corp. does not accept C.O.D. Propane Accounts)
- Misuse and/or damage of MX Petroleum Corp. equipment
- Fails to meet minimum yearly gallon purchase requirements
In the event of termination of service whether requested by MX Petroleum Corp or the customer, a pick up fee of $150.00 per delivery location plus a restocking fee of $1.00 per gallon for any product remaining in tanks at time of pick up will be charged to your account. If any of these fees apply, customer agrees to pay these fees within 10 days from date of tank pick up.
