Cap Terms and Conditions

12 Month Cap Price Fuel Agreement

2018/2019 General Terms & Conditions

2018/2019 12 Month Cap Price Fuel Agreement General Terms & Conditions Agreement. During the term of this agreement, Irving Energy agrees to sell and deliver to you, and you agree to purchase from Irving Energy, the type of fuel identified in Section 1 (furnace oil or propane) at the prices and on the terms and conditions set out in this agreement.

Term. The term of this agreement begins when Irving Energy accepts your Fuel Agreement, and continues until: (i) this agreement is terminated according to these terms and conditions; or (ii) Irving Energy provides written confirmation of a new cap price protection agreement with you that supersedes this agreement.

Cap Price Period. The Cap Price Period starts on the later of (i) November 1, 2018 or (ii) when Irving Energy accepts your Fuel Agreement, and ends on October 31, 2019 (the "Cap Price Period End Date"). During the Cap Price Period, Irving Energy will deliver fuel to you at the address provided, on an automatic or "will call" basis as noted on your account, for the lower of (i) the price per litre set out in Section 1; or (ii) the maximum price permitted under petroleum product pricing legislation, if applicable. Automatic delivery of fuel will continue after the Cap Price Period End Date unless this agreement is terminated by you as provided below. Irving's regular retail market price for fuel will apply to all deliveries made on or after the Cap Price Period End Date or when the number of litres in Your Choice of Litres has been delivered. You must maintain your account in good standing throughout the heating season. If at any time during the Cap Price Period you owe more than $300 in arrears or if any payments you owe are more than 30 days in arrears, your price per litre will increase from the price set out in Section 1 to Irving Energy's regular retail market price for the remainder of the Cap Price Period. This is in addition to any other remedies Irving Energy may have for late payment or non-payment.

Prices and Participation. Prices do not include applicable taxes. Cap pricing is applicable for the type of fuel selected only and is available on volume for residential customers only. To be eligible for this Cap Price Protection Plan, Your Choice of Litres in Section 1 must be at least 100 litres. You acknowledge and agree that we will purchase your reserved volume based on your consumption between September 1, 2017 and August 31, 2018. This Cap Price Protection Plan may not be combined with any other offers. If you are an existing budget plan customer, your current budget plan payment amount and start date will be adjusted to reflect your enrollment in the 2018/2019 Cap Price Protection Plan. We work very hard to avoid any situation where customers might run out of fuel; however, these situations occasionally do occur. If you should run out of fuel and notify us, we will work to deliver to you as quickly as possible. Irving reserves the right to amend or cancel this offer at any time, prior to confirmation of your enrollment, without prior notice.

Termination. Once Irving Energy has accepted your enrollment request, you may not terminate this agreement until after the Cap Price Period End Date. You may terminate this agreement after the Cap Price Period End Date by giving 30 days prior written notice to Irving Energy at the address provided on this fuel agreement. You acknowledge that we secure our fuel delivery obligations to you under this agreement by purchasing futures contracts for Your Choice of Litres. Accordingly, you agree not to use another supplier for the fuel covered by this agreement until this agreement has been terminated as provided in this paragraph. You will be in default, and Irving Energy may immediately terminate this agreement by giving notice to you, if you fail to comply with or breach any term or condition of this agreement. Upon any termination or expiry of this agreement, all amounts you owe to Irving Energy shall be immediately due and payable, even if you are under a budget payment plan. You agree to pay for Irving Energy's reasonable collection costs upon termination for default, including reasonable attorney and legal fees, to the extent permitted by law.

Additional Important Terms. If Irving Energy is prevented from performing its obligations under this agreement by weather, supply interruption, or any other condition or event beyond Irving Energy's reasonable control, Irving Energy's failure to perform its obligations shall be excused until such condition or event has ended. You agree to provide us with safe access to the delivery location and to maintain your fuel storage tank(s) and associated fill pipes in a manner that is safe for persons, property, and the environment. Our tank inspection and/or approval of your tank (if any) does not guarantee the soundness or quality of your tank; any inspection is for Irving Energy's internal purposes only and you may not rely on our inspection or approval for any purpose whatsoever. This agreement is the entire agreement between you and Irving Energy regarding fuel delivery and price for the above-noted location; no provision in this agreement can be changed or waived orally (for example, by a delivery driver or service technician). This agreement cannot be assigned or transferred by you to anyone else without Irving Energy's prior written consent. If any part of this agreement is determined to be invalid or unenforceable, such part will be treated as if it were never in this agreement and shall not affect the validity or enforceability of the rest of this agreement. This agreement shall be interpreted and governed by the laws of the province of the delivery location.

Limitation of Liability. In no event will Irving Energy be liable for any indirect, consequential, special, or punitive damages arising in any way from the supply of fuel pursuant to this agreement. Under no circumstances, including, without limitation, if for any reason you run out of fuel, shall our liability under this agreement exceed the amount you actually paid to us for fuel. This limitation of liability shall apply irrespective of the nature of any cause of action, demand or claim arising out of or in connection with any supply of fuel pursuant to this agreement, including, without limitation, breach of contract, negligence, tort or any other legal theory.