HomeMy Public PortalAbout186-2020 - Purchasing - Harvest Land Co op - Regular GasHarvest Land Co-op
THIS AGREEMENT is made and entered into this of 202 0
by and between
na"eut Land Co-op, P.O. Richmond, o�monU. |N47D7b. and
of x' eblhereinafter "BUYER". |nconoide��onofthe m�duo|
covenants contained herein, the parties agree onfollows:
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���!, day of 202�'!.*...,.
2.The Buyer agrees to purchase from the Seller gallons of atofixed price of
per gaUon.Pdoaindudao' GMFTond FET.Sales tax, ifapplicable will boadded otthe time ofdelivery.
3. All product contracted for delivery by the Buyer must be taken by the Buyer within the delivery time. Product not taken shall
be invoiced to the Buyer at the end of the contract period based upon the balance of the contract gallons not taken times the
price per gallon,
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4. Gallons covered by this Contract are assignable only by the written consent ofthe Seller. Delivery dates unthe Contract
enebehween�nda�o and
.5. Seller, at its option, may void this contract in the event that the Buye rs account becomes delinquent by 60 days.
6. All products delivered by Seller and sold to the Buyer pursuant to this Agreement shall conform to the quality specifications
mutuallyagreaduponbythepartieafoxouohpmdudowhiohmaoommehciallyucooptob|n.
7. In the event that either party breaches this agreement It will have remedies available to it in both law and equity.
8. Harvest Land shall deliver all products tothe Buyer. Risk ofloss for products shall p
ass toBuyer ot the time ofdelivery.
9. Either party's failure to perform under the terms and conditions of this Agreement, in whole or in part, wiill not be deemed a
breach or a default hereunder or give rise to any liability of either party to the other if such failure is attributable to any act of
God, riot, public enemy, fire, explosion, flood, drought, war, sabotage, accident, action by governmental authority, or other
conditions beyond the reasonable control ofthe other party.
10. Harvest Land makes no warranty, express or implied, concerning any Product other than it shall conform to the specifications
as described in Section 6. ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN FACT OR BY LAW,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF ANY
TRADE, ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY AND FROM THIS AGREEMENT.
11. The waiver by either party of a breach of any provisions of this Agreement will not contribute or be construed as a waiver of
any future breach ofany pmvioion(o)ofthis Agreement.
12. In the event one or more provision of this Agreement should be or become illegal, invalid, or unenforceable, then the parties
will substitute legal, valid and enforceable provisions for such illegal, invalid ones. The substituted provisions shall bodrafted
so that in their economic impact they closely resemble the illegal, invalid or unenforceable provisions that it can be
reasonably assumed that the parties would have contracted on the basis of those new provisions.
13. This instrument sets forth the entire agreement between the parties relative to the subject matter herein and superseded all
previous understandings and agreements of the parties relative to the subject matter herein. Modification oramendment of
any of the provisions of this Agreement shall not be valid unless in writing and signed by the parties hereto. ,
14. This Agreement shall be governed by and be construed in accordance with the laws of the State of Indiana.
15. If there is a breach of this Agreement, the parties hereby agree that all reasonable cost of collection and attorney fees may
be added to the amount owed including finance charge at the usual and customary rate.
|NWITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement effective the day
and year first above. written.
SELLER: Harvest Land BUYER:
By: J. DeBoo By: Richmond Board of Public Works
/uccpu,t#: Phone Number:
°Add .11for tonkwogon Address:
** Add .14 for retail station
CONTRA0# 22982
Vicki Robinson, President
Contract No. 186-2020