Cole Heating & Cooling, Inc.
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100 South Main Street, Seymour, Connecticut 06483
T:[203] 888-0376 F:[203]888-9133 C:[203]592-1173
License #302885 HOD.0000496
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Name_____________________________ Daytime Phone_____________________
Address___________________________ Evening Phone____________________
City_____________________Zip______ E-mail_____________________________
Cole Heating & Cooling, Inc. hereinafter is referred to as Cole. Name and adress filled in the form
above hereinafter referred to as Buyer. All Programs require automatic delivery. Buyer's price per
gallon shall be Cole's Daily Price minus the agreed discount.
Budgets Start in June
Pay for all the heating oil required this heating season using 10 E-Z monthly payments. To start a
budget, multiply $4.10 times the gallons used per year.(__________) Divide the estimated cost by 10.
Monthly payment for the 10 month period will start at $_____________. Monthly payment may be
adjusted according to the fuel price changes. First budget payment is due when contract is signed and
sent to Cole. __________(initial)
30 Day Account
Pay for each oil delivery within 30 days of delivery. ____________ (initial)
10 Day Account
Pay for each oil delivery within 10 days of delivery. Oil price will be discounted 10 cents per gallon.
____________(initial)
C.C. Account
Pay for each oil delivery by credit card the day of delivery. Oil price will be discounted 25 cents per
gallon. Cole will keep credit card account securely recorded in master file (records kept at our
location ONLY). Cole will leave receipt in the mailbox or screen door. ____________ (initial)
C.C.#:___________________________________________________________
Exp Date:_________________________ CCV#:___________________________
Pay Next Day
Pay for each oil delivery by cash or check the day after delivery. Oil price will be discounted 30
cents per gallon. Cole will leave receipt in the mailbox or screen door. ____________ (initial)
Prepaid Account
Buyer will open a savings account at Cole with the understanding that there will always be enough
money to pay for each automatic oil delivery. If Buyer keeps a positive flow of money in this account,
the Buyer's price for oil will be our lowest cash price of the day.
Terms & Conditions
1. Buyer agrees that Cole is the sole supplier of heating oil.
2. Cole shall determine when to make deliveries at its sole discretion.
3. All accounts must have a zero balance before starting each heating season.
4. Budget payments are due the 10th of each month.
5. Buyer is responsible for timely payments. If an account becomes delinquent, oil deliveries
will be suspended until account is brought up to date or payment arrangements have been agreed upon.
6. Delinquent accounts are invoiced 1.5% per month late fee. Late fee interest is intended to
encourage prompt payment and is not to be considered as an offer to accept installment payments
unless an installment agreement has been reached and the installment terms are written out in
full on a separate agreement.
7. This one-year contract automatically renews every year. Buyer may negotiate a change in
account status (discount) in writing any time during this contract or any subsequent years.
8. A written Cancellation after the first year is an option.
9. Cancellation of the contract will not relieve Buyer from making payment for delivered oil or
services performed before cancellation.
10. Any credit balance will automatically be applied to next years purchase. (There are no refunds)
11. FORCE MAJEURE CLAUSE: If Cole is prevented from supplying fuel oil due to factors
beyond their control, Cole shall not be liable for any damages caused by delay or failure to
perform, in whole or in part failure to supply fuel oil specified in this contract to the extent that
any such failure is due to any such factors. Such factors include but are not limited to, acts of
God, strikes, fires, floods, unusually severe weather, threat of war, war, failure of public utilities,
common carriers or suppliers to provide product, energy or other supplies to Cole, requirements
of applicable federal, state, local, foreign government laws, rules regulations or orders. Cole
agrees that if it suspends supplying fuel due to any such factor, it will make every effort to resume
supplying fuel oil as soon as practical.
8. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL,INDIRECT OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST PROFITS OR SAVINGS) HOWEVER CAUSED, EVEN IF SUCH PARTY HAS
BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
9. Cole and Buyer each hereby waive any and all rights of recovery against each other, including
our offices, members, agents and employees, occurring on or arising out of this agreement, the
delivery of heating oil and any system maintenance or repair at Buyer's premises to the extent
such loss or damage is covered by proceeds received from casualty, homeowners or other
insurance carried by the other party, or the agents, servants, or employees of the other party;
and no third party shall have the right of recovery by way of subrogation or assignment or
otherwise. Cole and Buyer shall each indemnify the other party against any loss or exposure,
including reasonable attorney’s fees, resulting from failure to obtain such waiver. This mutual
waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release
contained in this agreement with respect to any loss of, or damage to, property of the parties hereto.
Buyer Signature: ____________________________________
Date: ____________________
** PLEASE RETAIN A COPY OF THIS ENTIRE CONTRACT FOR YOUR RECORDS.
Fuel Delivery Programs