Any claims for defects or variance in delivered quantities shall be made, and Dennis K. Burke, Inc. shall be notified and given opportunity to inspect, within seven days after delivery. Failure of BUYER to comply with these requirements shall operate as a waiver of any such claims by BUYER.
Dennis K. Burke, Inc. shall not be obligated to deliver petroleum products and BUYER shall not be obligated to receive petroleum products when, while and to the extent that Dennis K. Burke, Inc. is prevented from delivering in its customary manner by strikes, fire, state of war, proration of oil supply, failure of railway, pipe line or vessel service by public or private carrier, any act of God or providential cause, inability of Dennis K. Burke, Inc. to perform by reason of any failure of supplying refiner or manufacturer to deliver to Dennis K. Burke, Inc., compliance with any governmental or private allocation program, law or regulation, or any cause whatsoever, which in Dennis K. Burke, Inc.’s reasonable judgment, is beyond its control; and no liability for damages shall attack against either party on account thereof.
BUYER shall indemnify Dennis K. Burke, Inc. from and against all losses, liabilities, claims, damages (including without limitation; cost, expenses and attorney’s fees in connection therewith) arising out of, or in connection with injury to, or death of, persons (including BUYER and employees of BUYER, and Dennis K. Burke, Inc. respectively), or injury to, or damage to property (including property of BUYER, Dennis K. Burke, Inc. and employees of either) occasioned by, or occurring in connection with, any acts of omissions of BUYER or BUYER’s employees or agents.
BUYER will be responsible for any TAXES, now or later imposed.
A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUM)
MAY BE ASSESSED ON ALL INVOICES IF NOT PAID WITHIN TERMS OF SALE.