1. Consumer's Responsibilities and Specific Limitations of Liability
| 1.1 | YOU, THE CONSUMER (AS HEREINAFTER DEFINED) HEREBY REPRESENT AND WARRANT TO PARKLAND FUEL CORPORATION, (DOING BUSINESS UNDER THE NAME AND STYLE “ULTRAMAR”), ITS EMPLOYEES, DIRECTORS, OFFICERS, SUBCONTRACTORS AND AGENTS (“ULTRAMAR”) THAT YOUR HEATING SYSTEM (AS HEREINAFTER DEFINED) IS YOUR PROPERTY (AS HEREINAFTER DEFINED) AND IS IN GOOD WORKING ORDER, AND HAS RECEIVED ALL REQUIRED INSPECTIONS, CERTIFICATIONS AND APPROVALS, AS REQUIRED BY LAW. YOU AGREE THAT ULTRAMAR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING ENVIRONMENTAL DAMAGES, ECONOMIC LOSSES, LOSS OF REVENUE AND/OR LOSS OF PROFITS, AND INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR FAILURE TO MAINTAIN YOUR HEATING SYSTEM IN GOOD WORKING ORDER. |
| 1.2 | YOU AGREE THAT THE MAINTENANCE OF YOUR HEATING SYSTEM IS SOLELY YOUR RESPONSIBILITY. ULTRAMAR SHALL HAVE NO OBLIGATION, EXCEPT AS MAY BE REQUIRED BY LAW, TO CONDUCT ANY INSPECTION OF OR MAINTENANCE TO THE HEATING SYSTEM, NOR SHALL IT BEAR ANY LIABILITY FOR ANY DAMAGES, INCLUDING ENVIRONMENTAL DAMAGES, ECONOMIC LOSSES, LOSS OF REVENUE AND/OR PROFITS, AND INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING DUE TO DEFECTS IN, OR TO YOUR FAILURE TO INSPECT OR MAINTAIN, YOUR HEATING SYSTEM. |
| 1.3 | YOU AGREE TO NOTIFY ULTRAMAR, EITHER BY EMAIL OR BY TELEPHONE AT THE COORDINATES APPEARING ON THE WEBSITE, OF ANY MALFUNCTION OF YOUR HEATING SYSTEM INCLUDING ANY PROBLEMS WITH THE OIL STORAGE TANK AND/OR OIL LINES, WHATSOEVER, IMMEDIATELY UPON DETECTING THE PROBLEM(S). ULTRAMAR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING ENVIRONMENTAL DAMAGES, ECONOMIC LOSSES, LOSS OF REVENUE AND/OR LOSS OF PROFITS, AND INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR FAILURE TO PROVIDE SUCH NOTICE. |
2. General Limitations of Liability
| 2.1 | TO THE EXTENT PERMITTED BY APPLICABLE LAW, ULTRAMAR IS NOT LIABLE FOR ANY DAMAGES, INCLUDING ENVIRONMENTAL DAMAGES, ECONOMIC LOSSES, LOSS OF REVENUE AND/OR LOSS OF PROFITS, AND INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, AS A RESULT OF THE DISCONNECTION OF YOUR HEATING SYSTEM (E.G. CONVERSION TO AN ALTERNATIVE ENERGY SOURCE), FOR WHATEVER REASON. ULTRAMAR’S LIABILITY IS STRICTLY LIMITED TO THE DELIVERY OF THE PRODUCT TO YOUR HEATING SYSTEM, AS PROVIDED IN THIS CONTRACT. FOR GREATER CLARITY, ULTRAMAR SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: |
| a) YOUR BREACH OF ANY TERM AND/OR CONDITION OF THIS CONTRACT; | |
| b) ANY FURNACE FAILURE, LEAKING OIL LINES OR LEAKING OIL STORAGE TANKS HOWSOEVER CAUSED; AND | |
| c) ANY WAXING OF HOME HEATING OIL STORED IN OUTDOOR FUEL OIL STORAGE TANKS. |
3. Condition of Equipment
YOU HEREBY CONSENT TO ULTRAMAR CONDUCTING ANY AND ALL INSPECTIONS OF YOUR HEATING SYSTEM THAT ULTRAMAR, IN ITS SOLE AND ABSOLUTE DISCRETION MAY DEEM NECESSARY. IF ULTRAMAR, IN ITS ABSOLUTE DISCRETION, DETERMINES THE HEATING SYSTEM IS NOT IN AN ACCEPTABLE CONDITION TO ACCEPT A DELIVERY OF THE PRODUCT (AS HEREINAFTER DEFINED), ULTRAMAR MAY EITHER:
| a) | SUSPEND DELIVERY OF THE PRODUCT UNTIL THE HEATING SYSTEM MEETS ANY APPLICABLE LEGISLATIVE, REGULATORY, INDUSTRY, OR OTHER STANDARDS FOR THE SAFE DELIVERY AND RECEIPT OF THE PRODUCT, WITHOUT BEING DEEMED TO BE IN DEFAULT OF THIS CONTRACT; OR | |
| b) | TERMINATE THIS CONTRACT IMMEDIATELY. |
IN THE EVENT THIS CONTRACT IS TERMINATED PURSUANT TO THIS SECTION 3, AND SUBJECT TO CLAUSE 6.3, ULTRAMAR WILL REIMBURSE TO YOU ALL MONIES PAID PURSUANT TO THIS CONTRACT SUBJECT TO PAYMENT TO ULTRAMAR OF A DISPLACEMENT FEE (AS HEREINAFTER DEFINED).
4. General
| 4.1 | These conditions apply to the sale and delivery of home heating oil and/or propane (the “Product”) by Ultramar to the person or corporation who accepts this online contract (the “Consumer”). |
| 4.2 | You acknowledge that you have applied for, and been provided with, a daily posted purchase price (the “Purchase Price”) for a certain volume of the Product (the “Quote”) pursuant to this online contract or by other electronic or telephonic means (the “Contract”). This Contract shall be effective immediately upon Ultramar processing payment for the Purchase Price. You acknowledge that the Quote may vary daily. As such, the Purchase Price shall be binding only once the payment of the Purchase Price has been validly processed. |
| 4.3 | Subject to the terms and conditions herein, you agree to purchase and Ultramar agrees to sell and deliver to you, at the delivery address indicated in this Contract, the specific volume of the Product specified in the Quote. |
| 4.4 | You hereby represent and warrant that your fuel tank shall be sufficiently empty to accommodate the minimal Product volume requirements specified on the Website (as hereinafter defined), and agree that Ultramar will have no obligation to deliver more Product than what is safe, given the site and nature of the fuel tank. |
| 4.5 | You agree and represent that you are purchasing the Product for your own use, and not for the purposes of offering or selling the Product for resale. |
| 4.6 | Ultramar will use commercially reasonable efforts to maintain the Ultramar website (the “Website”) in an accurate and up to date manner. The Website may contain technical, typographical or other mistakes. Ultramar shall not be held liable for any such mistakes or for any omissions contained in the Website. |
5. Price
| 5.1 | The Purchase Price may be subject to adjustment by Ultramar for any inadvertent pricing error (whether technical or otherwise) or other adjustment pursuant to the terms of this Contract. Ultramar reserves the right in its sole and absolute discretion, to correct any pricing or other errors at any time. |
| 5.2 | The total Purchase Price will be inclusive of tax, including as may be applicable, GST, HST and any other applicable related charges. Please note that the price posted on our website is exclusive of taxes. |
6. Payment Terms
| 6.1 | Payment of the Purchase Price shall be by credit card and is due in full at the time of purchase. Ultramar will charge the Purchase Price (plus applicable taxes and fees, if any) to your credit card upon your agreeing to be bound by the terms and conditions of this Contract by clicking “Submit/Accept” when the Consumer is presented with the option of submitting/accepting or cancelling this Contract. |
| 6.2 | All credit card payments made online through the Website are operated by a secure server. All of the Consumer’s financial information is encrypted for security. Ultramar does not store your financial information between purchases; therefore Ultramar will request financial information in connection with processing payment for this Contract. |
| 6.3 | In the event that the delivered volume of the Product is less than the volume of the Product in the Quote, Ultramar shall refund the difference between the Purchase Price and the actual price for the volume of the Product delivered to you back to your credit card subject to the Displacement Fee if applicable as specified below. |
7. Cancellations and Refunds
| 7.1 | You represent and warrant to Ultramar that the information that you provided in this Contract is correct and accurate. If, at any time, you discover an error or omission in the information you have provided to Ultramar, you agree to immediately inform Ultramar. |
| 7.2 | You shall not have the right to terminate this Contract after you have clicked “Submit/Accept” when presented with the option of submitting or cancelling this Contract. |
| 7.3 | In the event Ultramar is unable to make a delivery due to your failure to perform your obligations under this Contract or in the event of any inaccuracy, misrepresentation or breach of representations or warranties made or given by you under this Contract, Ultramar shall be entitled to a fee in the amount of $50.00 to cover costs reasonably incurred in the performance of Ultramar’s obligations under this Contract (the “Displacement Fee”). You agree that Ultramar may charge the Displacement Fee to your credit card. |
| 7.4 | Any refunds made by Ultramar will be credited to the credit card provided by you for payment of the Purchase Price. |
8. Delivery of Product
| 8.1 | You acknowledge that Ultramar will strive to effect delivery of the Product during normal business hours and within the delay appearing on your order, which delay will start from the payment of the Purchase Price pursuant to this Contract, excluding Saturday, Sunday or statutory holidays. Ultramar reserves the right to charge you an additional fee for an emergency or after-hours delivery. Notwithstanding the above, any dates quoted for delivery of the Product on the Website, online, on the telephone or by any other electronic means are estimates only and subject to change in periods of high demand or in the case of force majeure events defined in Section 8.8 below. Ultramar shall not be liable for any damages, including economic losses, loss of profits, and incidental, special, exemplary, indirect or consequential damages resulting from any delay in delivery of the Product, except when the delay is caused by Ultramar’s failure to comply with these terms and conditions. Time for delivery shall not be of the essence unless previously agreed by Ultramar in writing. Ultramar reserves the right to make deliveries at any time of the day during periods of high demand or in the case of force majeure events defined in Section 8.8 below. |
| 8.2 | You acknowledge and agree that you will ensure that the delivery address specified in this Contract is correct and accurate and that any special delivery instructions are identified in this Contract. |
| 8.3 | Ultramar shall be relieved of its obligation to deliver the Product if an affixed and valid identification tag and/or registration number is not attached to the vent pipe of the Heating System. If a valid identification tag and/or registration number is not attached to the vent pipe of the Heating System, you shall be charged a Displacement Fee. |
| 8.4 | You hereby grant Ultramar the right to enter upon your property to make a delivery of the Product. You shall allow Ultramar or any third parties retained by Ultramar, at any reasonable time to inspect the Heating System, and in the event of an environmental incident, to enter upon the property of the Consumer to complete any remediation or environmental clean-up work which Ultramar is required, or deems in its sole and absolute discretion is necessary, to complete. |
| 8.5 | You agree to provide a clear path to your “heating system”, which includes but is not limited to the oil and/or propane storage tank together with any associated pipes, fittings, pumps, gauges and other related equipment (the “Heating System”), free of all physical debris and snow at all times. This obligation extends to ensuring that your driveway is passable for Ultramar’s fuel oil delivery truck, should it be necessary to travel onto your driveway to make a delivery. Ultramar shall not be responsible for any damages, including economic losses, loss of profits, and incidental, special, exemplary, indirect or consequential damages incurred by your, arising out of Ultramar’s travelling onto your property. |
| 8.6 | Delivery shall be deemed to take place and risk to have passed to you when the Product passes from the delivery vehicle’s permanent hose to your pipe connection. |
| 8.7 | The Product shall be measured based upon the standard volume temperature of 15 degrees Celsius. The quantity of the Product shown by any measuring device Ultramar employs shall be accepted by you as correct in the absence of any manifest error. You agree that your acknowledgement of receipt of the Product or the certificate of receipt provided by Ultramar’s employee or delivery agent stating that the agreed amount of the Product has been delivered is conclusive evidence of such delivery and any dispute by you with regard to said delivery must be provided to Ultramar in writing within 48 hours of such delivery. |
| 8.8 | Ultramar shall not be liable to you or be deemed to be in breach of this Contract if performance by Ultramar of any of its obligations hereunder has been delayed, hindered or prevented by any circumstances whatsoever which are not within Ultramar’s immediate control (including but not limited to labour difficulties of any sort, war or hostilities, fire, flood and other acts of God, accidents, breakdown of equipment, road traffic problems, compliance with any order or request of any national, provincial, municipal or any other public authority or any other person purporting to act for such authority, including but not limited to rationing allocation or priority orders or requests and failure of Ultramar’s existing or contemplated sources of supply) and if by any such circumstances Ultramar is at any time delayed or hindered in delivering or prevented from delivering the full volume of the Product specified in the Quote, Ultramar shall be at liberty to withhold, reduce or suspend deliveries to you to such extent as Ultramar in its absolute discretion may deem necessary or to terminate this Contract. Ultramar shall not in any such circumstances be liable to acquire, by purchase or otherwise, additional products from other suppliers or to compensate you in the event that you purchase alternative products from other suppliers at a higher price. |
| 8.9 | In your absence at the delivery address at the time of delivery, Ultramar may in its absolute discretion, make the delivery. An employee of Ultramar or Ultramar’s delivery agent will be required to state the quantity of the Product delivered as shown by Ultramar’s measuring devices. Such quantity shall be recorded on the certificate of receipt left on your premises. |
| 8.10 | ULTRAMAR RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REFUSE DELIVERY OF THE PRODUCT TO YOU IN THE FOLLOWING CIRCUMSTANCES: |
| 8.10.1 | THERE IS NO SAFE AND/OR REASONABLE ACCESS TO THE HEATING SYSTEM, INCLUDING THE FILL PIPE; | |
| 8.10.2 | THE HEATING SYSTEM AND/OR FILL POINTS DO NOT MEET STATUTORY REQUIREMENTS OR ARE DEEMED UNSAFE; | |
| 8.10.3 | ANY OTHER CIRCUMSTANCES WHERE IT IS DEEMED UNSAFE BY ULTRAMAR TO MAKE A DELIVERY OF THE PRODUCT TO YOU OR WHERE THERE IS A RISK THAT DELIVERY OF THE PRODUCT TO YOU WOULD RESULT IN HARM TO YOU, THE ENVIRONMENT OR OTHER PERSONS; | |
| 8.10.4 | YOU HAVE BREACHED YOUR LEGAL OBLIGATIONS PURSUANT TO THIS CONTRACT OR ANY STATUTORY OR REGULATORY REQUIREMENTS OR IF THERE HAS BEEN ANY INACCURACY, MISREPRESENTATION OR BREACH OF REPRESENTATIONS OR WARRANTIES MADE OR GIVEN BY YOU UNDER THIS CONTRACT. |
| IF ULTRAMAR EXERCISES ITS RIGHT NOT TO MAKE A DELIVERY OF THE PRODUCT TO YOU PURSUANT TO THIS SECTION 8.10, YOU SHALL PAY A DISPLACEMENT FEE. THIS AGREEMENT ENDS WHEN THE DELIVERY OF THE PRODUCT CONTEMPLATED HEREUNDER IS COMPLETE, OR WHEN ULTRAMAR EXERCISES ITS RIGHTS TO REFUSE OR TERMINATE SUCH DELIVERY. THE AGREEMENT FORMED BY YOUR ACCEPTANCE OF THESE TERMS WILL NEVERTHELESS CONTINUE TO APPLY AND BE BINDING UPON YOU IN RESPECT OF YOUR PRIOR USE OF THE WEBSITE OR THE PRODUCT AND ANYTHING RELATING TO OR ARISING FROM SUCH USE INCLUDING THE LIABILITY AND DISCLAIMER SECTIONS. |
| 8.11 | Where it is not possible to deliver the full volume of the Product specified in a Quote because the volume of Product was in excess of the Heating System’s capacity to take the volume of the Product specified in the Quote, Ultramar shall refund the Product in accordance with Section 6.3 subject to payment of a Displacement Fee. |
9. Indemnity
| 9.1 | YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ULTRAMAR FOR LIABILITY OF ULTRAMAR TO ANY THIRD PARTY, INCLUDING ANY GOVERNMENTAL AGENCY, FOR DAMAGES RESULTING FROM ENVIRONMENTAL CONTAMINATION BY THE PRODUCT DELIVERED TO YOU BY ULTRAMAR WHERE SUCH CONTAMINATION IS NOT CAUSED BY THE INTENTIONAL OR NEGLIGENT ACTIONS OR OMISSIONS OF ULTRAMAR. |
| 9.2 | YOU SHALL AT ALL TIMES INDEMNIFY AND HOLD HARMLESS ULTRAMAR AGAINST AND FROM ANY AND ALL CLAIMS, ORDERS (INCLUDING STATUTORY ORDERS), SUITS, ACTIONS, DEBTS, DAMAGES, LOSSES, OBLIGATIONS, JUDGMENTS, CHARGES, LIENS, PENALTIES, FINES AND MONETARY SANCTIONS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER SUFFERED OR INCURRED BY ULTRAMAR HOWSOEVER ARISING, FROM, OUT OF, OR WITH RESPECT TO YOUR ACTS OR OMISSIONS OR YOUR AGENTS. |
10. Safety Concerns
| 10.1 | Ultramar reserves the right to decline to deliver the Product if, for any reason, Ultramar believes, in its sole and absolute discretion, that there is a safety concern with the Consumer’s Heating System. |
| 10.2 | If you become aware of any issues with your Heating System that may adversely affect the storage of the Product, you must forthwith contact Ultramar at 1-888-468-3888 for Maritimes and 1-800-563-9955 for Newfoundland to report the issue. |
| 10.3 | If you become aware of the release of any quantity of the Product from the Heating System, you must immediately contact the Provincial Department or Ministry of the Environment to report the release. |
11. Consent to Disclosure of Personal Information
In order to allow Ultramar to comply with the terms and conditions of this Contract, you authorize Ultramar to collect the personal information provided by you. you confirm that you authorize Ultramar, for the term of this Contract, to use and share such personal information to its employees (accounts payable department, customer service, and marketing ), agents and authorized contractors (such as authorized maintenance and service contractors) authorized to act specifically to perform Ultramar’s obligations under this Contract, including as may relate to deliveries, administration, billing and collection of amounts that may be due hereunder, and advertising and marketing.
12. Miscellaneous Terms
| 12.1 | Ultramar may assign its rights under this Contract. You may not assign your rights under this Contract without the prior written consent of Ultramar. |
| 12.2 | This Contract constitutes the entire agreement between Ultramar and yourself regarding the volume of Product to be delivered pursuant to the Quote. For greater certainty, this Contract includes these terms and conditions as well as all the other required online fields completed by you and you agree that any and all representations and warranties made by you to Ultramar regarding your Heating System form part of this Contract. |
| 12.3 | This Contract shall be binding upon and shall enure to the benefit of the parties and their respective heirs, legal representatives, executors, administrators, successors and assigns. |
| 12.4 | Ultramar shall have the right to revise and amend these terms and conditions from time to time. If we do this, such changes will be added to these terms and conditions. Your continued access to and/or use of our Website after any such changes constitutes your acceptance of, and agreement to be legally bound by, these terms and conditions, as revised. |
| 12.5 | Any word or expression used in the singular also includes the plural and vice-versa; any word or expression used in the masculine also includes the feminine and neuter and vice versa. |
| 12.6 | This Contract shall be governed by and construed in accordance with the laws of the Province in which delivery of the Product is made. |
FINAL SECTION OF PARKLAND FUEL CORPORATION ONLINE CONTRACT
SUBMIT ORDER
This Contract is a legal agreement between you and Ultramar. By clicking “ACCEPT” you are agreeing to be bound by all the terms and conditions of this Contract. If you do not agree with any of the terms of this Contract, click “DECLINE”. By clicking “ACCEPT” you acknowledge that you have read the Contract, that you understand it, and that you agree to be bound by its terms and conditions.