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Prices exclude any taxes or fees. Buyer shall pay to the seller any applicable taxes or fees, now in affect, or hereinafter imposed by any municipal, state or federal government law, rule, or regulation, which the Seller may be required to collect or pay with respect to the delivery of product sold herein.

Seller shall not be responsible for damages caused by failure of performance or delay in performance, where such failure or delay is caused in whole or part by accident, vandalism, abuse, misuse, an act of God, fire, flood, water, storm, lightening, earthquake, explosion, strikes, stoppage of labor, perils at sea, lockout, war, terrorism, riot, blockades, or embargoes.  The settlement of labor disturbances shall be entirely within the discretion of the Seller.  We shall not be liable for any general, direct, special, exemplary, punitive, incidental, or consequential damages.  

Damages

You will indemnify, Defend, and hold us harmless from and against all claims, demands, liabilities, damages, losses, expenses, including attorneys’ fees, and lawsuits which may be asserted against or incurred by us or due to any person not a party to this agreement for any expense, loss or damage arising out of the purchase and sale of fixed rate off-road dyed diesel purchases, whether due to sole, joint or several negligence or that of our agents, servants, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claims for loss or damage caused by directly and solely by the negligence of our employee while on the Buyer’s premises, provided, however, that this exception will be limited to the amount of proceeds received from out insurance policy(ies) applicable to the claim or action.

Assignment

Buyer may not assign this Agreement except with Seller’s written consent.  Seller may assign this Agreement or any part of it at our sole option.

Entire Agreement

This document contains the entire agreement between Buyer and Seller with respect to the purchase and sale of fixed off-road dyed diesel and superseded all other negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, whether written or verbal. All of which will be deemed merger into this Agreement.  All change to this Agreement must be in writing and signed by both Buyer and Seller.

Governing Law

This Agreement is binding on the heirs, executors, administrators, successors and assigns of Buyer and Seller and will be interpreted and construed by and under the laws of the jurisdiction governing the address at which the off-road dyed diesel fuel is delivered.