RETAIL CREDIT AGREEMENT

AUTOMATIC DELIVERY – We will deliver, subject to availability, fuel oil at our established price at the time of delivery. Deliveries will be made on an automatic delivery basis according to a Weather Controlled Degree Day System. Unless requested in writing, deliveries will be made year round for customer with oil fired hot water systems when the company determines such deliveries are required. If customer’s account is past due, then the company cannot be responsible for out of oil calls. *I hereby authorize Fox Fuel to check my credit and employment history.

BUDGET PLAN – Budget payments are based on a 10 month period (August thru May) and are due the fifteenth day of each month. Budget payments apply to oil deliveries only and all service calls will be billed separately. All invoices pertaining to deliveries should be retained for your records. All prompt payment discounts will be applied at the end of the budget year if all payments are received when due. If payments are past due, then the company shall not be responsible to make delivery until account is current. The company reserves the right to increase customer’s budget amount if actual usage is greater than anticipated. Formula used for same will be stated with budget envelopes.

MONTHLY STATEMENTS – If a balance exists in your account, a statement will be sent, reflecting any purchases, past due amount, and LATE CHARGE of 1½% per month (ANNUAL PERCENTAGE RATE OF 18% PER ANNUM).

PAYMENTS – A metered ticket will be left after each delivery. This ticket will serve as an invoice and payment can be made from this ticket in order to benefit from any prompt payment discounts that should apply. Another invoice will follow the delivery as a reminder of amount due. Any checks returned due to non-sufficient funds will be charged a return check charge of $25.00 (residential customers) and $40.00 (commercial customers) and prompt payment discount will be disallowed.

TENANT-LANDLORD POLICY – In the case of rental properties, it is the company’s policy that both the tenant and landlord assume responsibility for the account. If either party cannot assume responsibility, a letter must accompany customer’s credit application stating same. The company reserves the right to contact either party to satisfy overdue balances. A copy of this agreement must be signed by all parties concerned.

CANCELLATION – Either party can cancel this agreement with 30 days written notice. Customer agrees that they will be responsible for payment for any deliveries made due to failure to make such notice. The company may cancel this agreement without notice for failure to pay overdue balances.

DEFAULT AND COLLECTION COSTS – Customer will be in default for failure to make timely payments, file for bankruptcy, or make an assignment for the benefit of creditors. Default means that demand can be made for payment in full. If collection is referred to an attorney, then customer will pay all court costs.

AMENDMENT OR CHANGES – The company can change this agreement including LATE CHARGE and the ANNUAL PERCENTAGE RATE, at any time, provided we give the customer at least 30 days written notice before the billing period in which the change becomes effective.

LIABILITY – The company is not responsible for damage or loss caused by failure to make delivery due to labor shortage, strikes, or to conditions beyond it’s control. In the event of DEFAULT and oil is not delivered as a result of DEFAULT, the company will not be liable for any damages in either a direct or indirect manner.