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THE EMISSIONS EXPERTS
SALES AGREEMENT CONFIRMATION
This will confirm the conversation of (Date) between seljer and buyer in which the following agreement was reached.
Seller: Dennis K. Burke, Inc. 555 Constitution Drive Taunton, MA 02780
: Attention:
Phone: Address:
Fax/Email: Contract T
Account:
Product: Choose an item. Choose an itum.
TERMS: Choose ait tem Delivery: ( hoose an items Taxes: (how
Product to be delivered ratably. Overdeliveries are payable at seller's prevailing delivery price(s). Underliftings may be liquidated by
Burke at a charge of less than $.0500 per gallon plus the NYMEX differential. This charge is not a penalty but Burke's best effort to
minimize cost for both Burke and the customer. Burke is soicly responsible for the calculation. Customer is responsible for all
applicable taxcs and fees. Margin payment as determined by seller may be required in advance, upon receipt of this sales
confirmation.
Special Conditions:
Seller shall not be liable for failure to perform any obligations under this agreement where such failure may be due to causes
reasonably beyond seller's control, including acts of God, (e.g., storms, floods, lightning or earthquakes), fires, explosions, wars, civil
unrest, labor disputes, transportation breakdowns, harbor closings, government restrictions (e.g., allocations, priorities or price
controls) or any other such cause. Seller’s ability to supply petroleum products further is dependent on their continued availability
from seller’s usual and anticipated supply sources. In the event such products are not readily available in sufficient quantities to meet
seller's total commitments, seller shall have the right to allocate in a fair and reasonable manner, No such occurrence shall relieve
buyer of the obligation to pay in full for product actually delivered.
The General Terms and Conditions of Dennis K. Burke, Inc. are incorporated by reference. This confirmation is the operative
instrument with respect to the referenced transaction. If any of the above is contrary to your understanding of our agreement, please
notify Dennis K. Burke, Inc. immediately, In the event no such notification is received by the clase of business on the next working
day following this transmission, the provisions set forth herein shall be binding upon both parties.
We appreciate the opportunity to conclude this transaction with your company. By signing this agreement and returning it to us you
are confirming that you have the authority to bind your company to this agreement.
Total Gallons Product Price
Seller agrees to provide a maximum/minimum of:
Buyer agrees to purchase a maximum/minimum of:
Date Range: The term of the Agreement shall be subject to Buyer's consumption of the minimum amount of gallons as required
above. The date range as indicated on the Sales Agreement shall be effective only upon Buyer's full consumption of the minimam
amount of gallons required for each product, respectively. Buyer and Seller agree to fulfill galion requirements at the price stated
within the Agreement beyond the date range indicated in the Agreement, if necessary.
Buyer Date For: Dennis K. Burke, Inc, Date
*Please sign and fax or e-mail back to: (617) 226-4569 or contracts@burkeoil.com*
