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DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE.
By purchasing dyed diesel fuel from us, you are hereby agreeing to all of the following, in addition to the terms specified on the face of your invoice:
1. Product Description
This product is dyed distillate fuel conforming to ASTM D975 Grade No. 2-D S15 (sulfur ≤15 ppm), treated with a marine performance additive package for enhanced lubricity, cetane number, corrosion inhibition, and stability. Flash point will meet or exceed ASTM D975 requirements. This fuel is not certified to ISO 8217 standards or designated as MGO/DMA.
Additive Package: This product may be treated with a proprietary additive package to enhance lubricity, cetane performance, corrosion protection, and storage stability. Seller reserves the right to modify additive composition or treatment levels at its discretion, provided the fuel continues to conform to ASTM D975 standards.
2. Disclaimer of Warranties
The purchaser is solely responsible for determining the suitability of this fuel for their vessel’s engines, equipment, and operating conditions, including compliance with manufacturer warranties, emission standards, insurance coverage, and applicable regulations. Except for the warranty of title and specification set forth in this agreement, NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING, WIHTOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE IS MADE BY SELLER. Seller is not liable for any damage to the purchaser’s vessel, engines, or equipment resulting from the use of this fuel in their vessel.
3. Dyed Diesel – Tax Exempt Use
Dyed fuel for nontaxable off-road/marine use only. Exempt from federal excise tax (26 U.S.C. § 4082). Unauthorized taxable use may result in penalties and liability under both state and federal law. Other taxes may still apply, including sales tax, depending on Purchaser’s use of the product. Rhode Island purchasers must provide a Marine Diesel Purchase Certificate for exemption. Seller is not liable for any fines, penalties, or any other liability that the purchaser may incur, whether imposed by federal, state, or any other authority, for the purchaser’s unauthorized use of this fuel.
4. Title and Risk of Loss
Title to and risk of loss for the fuel shall pass to Purchaser at the point the fuel passes the flange connecting the Seller’s delivery hose to the receiving vessel or tank. After transfer, Purchaser assumes all responsibility for the fuel, including handling, storage, and use.
5. Claims
Any claim for short delivery, contamination, or defect in the product must be: a) noted at the time of delivery on the delivery receipt, and, b) submitted in writing within thirty (30) days of delivery. Failure to comply with this provision shall constitute a waiver of all claims.
6. Payment Terms
All invoices are due and payable within thirty (30) days of delivery without deduction, set-off, or counterclaim. Interest, including the finance charge specified on Purchaser’s invoice, shall accrue on all past due amounts at the greater of: a) Prime Rate + 4%, or, b) the maximum rate permitted by law. Purchaser shall be responsible for all costs of collection, including reasonable attorneys’ fees and costs. If any invoices due to be paid to Purchaser are more than 15 days past due, Seller reserves the right to suspend further deliveries, without notice, to Purchaser, until such past due amounts are paid in full, including any interest due under this Paragraph. This remedy is not exclusive, and is in addition to any other rights or remedies Seller may have under this Agreement or applicable law.
7. Limitation of Liability
To the fullest extent permitted by law, Seller’s total liability shall not exceed the purchase price of the fuel supplied. Under no circumstances shall Seller be liable for: a) loss of hire; b) loss of profits; c) vessel detention; d) charter party claims; e) business interruption; or f) consequential, incidental, or special damages arising out of or related to the fuel supplied.
8. Pollution and Spill Responsibility
The party whose equipment, personnel, or negligence caused a spill or pollution incident shall be responsible for all resulting cleanup costs, damages, and liabilities. Purchaser shall indemnify and hold Seller harmless from any claims arising out of spills or contamination occurring after transfer of title.
9. Force Majeure
Seller shall not be liable for failure or delay in delivery resulting from events beyond its reasonable control, including but not limited to: acts of God, weather, port congestion, labor disputes, equipment failure, governmental action, or transportation disruptions.
10. Maritime Lien
Seller supplies fuel to vessels on the order of the owner and relying on the credit of the vessel and expressly reserves all rights to enforce a maritime lien against the vessel, her owners, charterers, operators, and managers for the value of fuel supplied, together with interest, attorneys’ fees, and costs of collection.
11. Personal Liability of Vessel Interests
The vessel, her owners, charterers, operators, managers, and agents shall be jointly and severally liable for payment of the fuel supplied.
12. Agency and Broker Liability
If fuel is ordered by an agent, broker, charterer, or other representative on behalf of a vessel or purchaser, such party shall be jointly and severally liable with the principal for payment and performance under this agreement.
13. Choice of Law
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.
14. Jurisdiction and Venue
Any dispute arising from or related to this Agreement shall be brought exclusively in the United States District Court for the District of Massachusetts, or the courts of the Commonwealth of Massachusetts sitting in Bristol County. Purchaser consents to the jurisdiction of such courts.
15. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties regarding the sale of fuel and may not be modified except in writing signed by Seller. If any provision of this Agreement is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.