FIXED PRICE PROGRAM AGREEMENT

You agree that HOP Energy (‘We’ or ‘Seller’) will order a consumer report in connection with this application and subsequent consumer reports in connection with any updates, renewals or extensions of credit. Upon your request, we will provide the name and address of the consumer credit agency furnishing such report to us. You understand that we will retain this application whether or not it is approved. The Federal Equal Credit Opportunity Act prohibits us from discriminating against you in any way in the granting of credit. The federal agency which administers compliance with this law is the Federal Trade Commission, Washington, D.C. 20580. We have given to you and you acknowledge receipt of a complete description of the terms and conditions of our Retail Credit Agreement, which are below, and the notice of Your Billing Rights which are included with this form.

This Agreement covers your purchase of home Heating Oil from HOP Energy (“we” or “us”) under a FIXED PRICE PROGRAM, described below. The Fixed Price set forth in this Agreement will be available until the date indicated under “CONTRACT END DATE”.

FIXED PRICE PROGRAM AGREEMENT

1. Plan Definitions:This is a FIXED Price Plan: The per-gallon price under the Fixed Price Plan will NOT change, up or down. The FIXED price remains the same from the acceptance date to the Plan end date. If taxes are levied against home heating fuel during this Plan, those taxes shall be paid by the Customer to Us. You must be in a Budget Plan to get this Fixed Price Plan.
2. Gallons:Under our Fixed Price Program, for the period from: “CONTRACT START DATE”  through “CONTRACT END DATE”(“Pricing Period”), we will deliver the gallons indicated under “PURCHASE SUMMARY” of home Heating Oil (“Fixed Price Gallons”) to you at a fixed price per gallon indicated under “PURCHASE SUMMARY” (“Fixed Price”), plus any applicable taxes and fees.
3. Automatic Delivery:The Customer agrees that Us is the sole supplier of Heating Oil and agrees to accept deliveries on an automatic delivery basis. After the Price Plan period expires, the Customer agrees to remain on automatic delivery with Us at the Daily Posted Price. The Customer can terminate automatic delivery at any time after the Plan period by providing Us with a written request to do so. The written request may be by postal letter or email.
4. Plan Dates:This Plan is effective “CONTRACT START DATE”. The Fixed Price set forth above will expire at the earlier of the end of the Pricing Period or when all of the Fixed Price Gallons are delivered to you, without further notification to you, and subsequent gallons delivered to you will be charged at our Prevailing Retail Price for home Heating Oil that is in effect at the time of delivery. Late payments of any amounts invoiced for gallons delivered will be subject to a late fee equal to a periodic rate of 1.5% per month (equivalent to an annual percentage rate of 18%).
5. Acceptance:We reserve the right not to accept a Plan. This price becomes effective effective “CONTRACT START DATE”.Your account balance must be current and in good credit standing. If your account becomes past-due at any time, reserves the right to place your account on a C.O.D. basis and charge the Daily Price per gallon for deliveries made while the account is past due.
6. Cancellation:If you cancel this Plan before the Plan’s END DATE, We reserves the right to charge you a liquidated damages fee equal to any devaluation of estimated gallons not delivered. (EXAMPLE: 500 gallons remaining and $1.00 per gallon devaluation, then a liquidated damages fee of $500.00 would apply.) All cancellations must be in writing by postal letter or email.
7. Liability:In the event of war, terrorism, national crisis, circumstances beyond our control, or the on-ability of suppliers to provide price-protected fuel to Us, We may cancel this contract.

Terms and Conditions 

The following terms and conditions (the “Terms and Conditions”) apply to all home heating oil (“Heating Oil”) customers (“you” or “your”) of HOP Energy LLC and each of its local branches (“HOP Energy,” “we” or “us”), all in accordance with your Price Program Agreement (such Terms and Conditions, together with your Price Program Agreement, the “Agreement”):

a. Dispute Resolution

You agree to provide us with notice of any dispute you have with us and to use good-faith efforts to attempt to resolve any such dispute within forty-five (45) days from the date the notice of the dispute is sent to us. If you and HOP Energy are unable to resolve such dispute within those forty-five (45) days, you agree to resolve such dispute through arbitration conducted on an individual basis before a single arbitrator in accordance with the then-current American Arbitration Association’s Consumer Arbitration Rules (“AAA Consumer Rules ),available at www.adr.org. The decision of the arbitrator shall be final, and the arbitration award enforceable by any court with jurisdiction over the parties. Any in-person arbitration hearings will take place in the county (or other municipality) where your Delivery Address is located.

For the purposes of this arbitration provision, a “dispute” between us shall be broadly construed to mean any dispute, claim, or controversy between you and us, including any dispute relating to this Agreement. This arbitration provision shall survive termination of this Agreement and your time as a customer.

b. Binding Agreement; Amendments; Severability

This Agreement constitutes a binding agreement between you and us, which shall be governed by the laws of the state in which the Delivery Address is located. You agree that we may amend these Terms and Conditions at any time by publishing a new version at hopenergy.com.

Your acceptance of Heating Oil deliveries from us will indicate your agreement with the Terms and Conditions in effect on the date of delivery. If any provision of this Agreement is found by a court or regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the rest of this Agreement will remain valid and enforceable.

Additionally, if the application of any provision of this Agreement violates the requirements of any law or regulation applicable to you at the Delivery Address, then the provisions of such law or regulation shall apply hereunder to the extent required to comply with such law or regulation.

c. Sole Supplier; Deliveries

At all times during the duration of this Agreement, you agree that we shall be the sole supplier of Heating Oil to the Delivery Address. You agree to accept deliveries by Automatic Delivery from us.

We will determine when to make deliveries at our sole discretion. You understand that we have purchased any required Heating Oil futures contracts or similar commitments to enable us to deliver the Gallons.

d. Payments; Fees

You agree to pay the full amount shown on each delivery invoice within twenty-five (25) days of receipt of the invoice, or if you are on a budget plan, budget payments are due by the 25th of each month.

Accounts over twenty-five (25) days late and accounts that are not current shall forfeit their right to the Price at our sole discretion (even if we have exercised our discretion and allowed you to keep your contracted pricing following a prior failure to pay your account within twenty-five (25) days or remain current on all payments).

All outstanding balances and charges must be paid in full before you may participate in any new pricing program.

All deliveries may be subject to delivery fees, plus applicable taxes, fees (including, where and as applicable, any surcharge for hazardous materials, Early Termination Fee, or Late Fee, as defined in the Terms and Conditions attached hereto), fuel surcharge, administrative, insurance fees, or other government fees and taxes.

All program fees are non-refundable and are due at the time of signing this Agreement unless you are on a budget plan, in which case you will pay any applicable program fee as part of your monthly payments.

e. Service Agreements

Heating system service and air conditioning system service are covered by a separate agreement and are invoiced separately from this Agreement.

If you have a service agreement with us, you will pay the invoice in full or cancel within twenty-five (25) days, or if you are on a budget plan, in accordance with the terms of such a plan.

f. Billing and Service Charges

If you have not paid an invoice for Heating Oil, services, and/or a service agreement in full within twenty-five (25) days, we will send you a statement (“Monthly Statement”) showing the amount due for deliveries, service charges, and any other outstanding balances for more than twenty-five (25) days.

You agree to pay a $20.00 fee for all returned checks and returned Automated Clearing House (ACH) transactions.

g. When a Late Fee Will Be Added

If we do not receive payment in full of the new balance on your Monthly Statement on or before the payment due date as reflected on the statement, a late fee (“Late Fee”) will appear on your next Monthly Statement and will be added to your new balance.

h. Late Fee

The Late Fee is computed by applying the periodic rate set forth in your Agreement to the Average Daily Balance of your account, excluding current purchases.

To get the Average Daily Balance, we take the beginning balance of your account each day and subtract any payments or credits and any unpaid Late Fee. We do not add in any new purchases. This gives us the daily balance.

Then, we add all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance.

i. How to Avoid Late Fees

If we receive payment in full of the new balance on your Monthly Statement on or before the payment due date reflected on such Monthly Statement, no Late Fee will be added to your next Monthly Statement.

j. Collection Costs and Delay of Enforcement

In the event we hire an attorney or collections agency to collect your unpaid balances, you agree to pay, in addition to your balance, all costs of collection as permitted by law, including, without limitation, reasonable attorney and collection agency fees and court costs.

Our election to delay enforcing our rights under this Agreement, to accept late payment, partial payment, or payment marked as “payment in full,” or to otherwise waive your breach of this Agreement shall not constitute a waiver of our legal rights and remedies herein.

k. Right to Suspend Service or Terminate Agreement

We may suspend service under this Agreement or terminate this Agreement upon written notice, and without further responsibility, if:
(i) you fail to purchase 100% of your Heating Oil needs at the Delivery Address on an automatic basis from us,
(ii) your account is more than twenty-five (25) days past due, or
(iii) you fail to provide access to your oil fill location as set forth in Section (l).

l. Access to and Condition of Property

You grant us permission to access your property at the Delivery Address to deliver Heating Oil pursuant to this Agreement.

You will provide us with a safe, accessible approach and access to the fuel container at all times. We are not responsible for claims resulting from damage to any unmarked sprinkler, electrical, septic, phone, utility, or other underground lines.

We are not responsible for driveway damage unless you specify to us in writing that we are prohibited from using the driveway and have otherwise provided access in compliance with this provision.

m. Access to and Condition of Fuel Storage System

Unless you notify us otherwise, we will rely on your continuous representation that you have inspected your fuel storage system and that it is in compliance with applicable legal requirements, leak-free, and otherwise safe for delivery.

It is your sole responsibility to inspect your fuel storage system and take all necessary actions to confirm that it complies with applicable legal requirements, is leak-free, and safe for deliveries.

We shall be permitted to inspect your fuel storage system if deemed necessary by us, in our sole discretion, prior to making any delivery.

We will not be liable for any damage or loss if we cannot deliver your Heating Oil because:
(1) we cannot access your fuel container,
(2) a dangerous or unsanitary condition exists in or around the premises, including but not limited to ice, snow, or a wild, unruly, or menacing animal,
(3) your fuel storage system violates legal requirements, or
(4) we are prevented by circumstances beyond our control, including, but not limited to, those listed in Section (o) below.

n. Emergency Deliveries

We will use commercially reasonable efforts to fulfill your emergency delivery requests as soon as practicable. However, certain circumstances beyond our control may cause delays, including, but not limited to, those listed in Section (o) below.

You may be charged emergency delivery fees in addition to the price per gallon for the Heating Oil delivered.

o. Non-Delivery Conditions

You acknowledge that we may be prevented from supplying Heating Oil at the agreed-upon price due to factors beyond our control.

You agree that we shall not be liable for any failure to supply Heating Oil at the agreed-upon price to the extent that any such failure is due to factors including, but not limited to:
(1) failure of public utilities, common carriers, or suppliers to provide necessary raw materials, energy, or other supplies or services to us at our normal supply or service locations, or at all;
(2) unusually severe weather conditions;
(3) fires, explosions, floods, or other acts of God;
(4) war, civil commotion, riots, or labor unrest; and
(5) requirements of applicable federal, state, local, or foreign governmental laws, rules, regulations, taxes, or orders.

We agree that if we suspend the supply of Heating Oil at the agreed-upon price due to any such factor, we will make reasonable efforts to resume supplying Heating Oil at the agreed-upon price as soon as possible.

p. Defaults

You agree that if:
(i) we terminate this Agreement for any of the reasons listed in Section (k) above,
(ii) you cancel your account or terminate this Agreement before the end of the Pricing Period (including as a result of moving out of our service area),
(iii) for prepaid Heating Oil customers, you have not taken delivery of the full amount of the Prepaid Gallons during the Pricing Period, or
(iv) for Heating Oil customers, you have not taken delivery of all Gallons
(each of (i) through (iv) of this Section (p), a “Default”), you will have breached this Agreement and caused us damages, as described in Section (q).

In the event of a Default, you will be liable to us for liquidated damages.

q. Liquidated Damages Provision

In the event of a Default, you agree to pay us an Early Termination Fee. The “Early Termination Fee” is calculated by multiplying:
(i) the difference between (A) the Price Per Gallon and (B) the number of gallons actually delivered to you since the start of the Plan Period, by
(ii) the difference between (X) the Rack Price used to calculate the Price and (Y) the Rack Price on the date of Default.

You acknowledge and agree that it would be extremely difficult to determine our actual damages resulting from a Default. You agree that this Early Termination Fee, as liquidated damages, is a fair and reasonable estimate of actual damages in light of the magnitude of the actual or anticipated harm to us.

r. Limitation of Liability; Waiver of Subrogation

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, HOWEVER CAUSED.

To the maximum extent permitted by law, we shall not be liable for third-party claims or for direct damages of any kind, including, but not limited to:
(X) lost profits or savings, or environmental damages, and
(Y) even if we have been advised or are otherwise aware of the possibility of such damages or claims.

Our total aggregate liability to you or third parties under this Agreement shall not exceed the greater of:
(i) $1,000, or
(ii) the price paid by you under this Agreement in the immediately preceding six (6) months.

Any and all suits and actions against us, whether based in contract, tort, or otherwise (including but not limited to personal injury or property damage), in any way related to this Agreement must be commenced within one (1) year of the events giving rise to the cause of action, except where a longer period is required by applicable law.

To the extent that any loss or damage is covered by insurance, you waive any rights of recovery against us and agree to submit all claims to the fullest extent under all applicable insurance.

We shall not be responsible for damages for failure to deliver Heating Oil to vacant or unattended premises. In this Agreement, “vacant or unattended premises” means a location where no adult occupant is present for at least twenty-four (24) consecutive hours.

We shall also not be responsible for damages for failure to deliver Heating Oil for any of the reasons set forth in Section (n) or for any other reason beyond our control.

s. No Assignment

You may not assign this Agreement, including, without limitation, in the event that you sell the property at the Delivery Address during the term of this Agreement and move out of our service area.

t. Expiration of Agreement

This Agreement will expire:
(i) For prepaid Heating Oil customers, at the earlier of:
(A) the end of the Pricing Period (whether or not you have used all of the Prepaid Gallons), and
(B) the date on which all of the Prepaid Gallons are delivered to you, without further notification.

(ii) For Heating Oil customers and fixed-price Heating Oil customers, at the earlier of:
(X) the end of the Pricing Period, and
(Y) when all of the Gallons have been delivered to you, without further notification.

(iii) For variable-price Heating Oil customers, at the end of the Pricing Period.

You understand and agree that until you deliver to us a written request to terminate deliveries, we will continue to automatically deliver Heating Oil to you. Any gallons delivered after this Agreement has expired will be sold to you at our Prevailing Retail Price for home Heating Oil in effect at the time of delivery.

For the avoidance of doubt, the Prevailing Retail Price is determined in HOP’s sole discretion and varies depending on a customer’s delivery address.

Written requests for termination may be sent by postal letter to the address listed on your invoice or this Agreement. You will remain responsible for all of your purchases before we receive notice of the cancellation, and all such purchases will be subject to these Terms and Conditions.

u. Treatment of Remaining Prepaid Amount

For prepaid Heating Oil customers, unless you notify us in writing that you would like a refund, any remaining Prepaid Amount (less any Early Termination Fee) for unused gallons on account after termination or expiration of this Agreement will automatically be:

• Applied to the next year’s prepay program, if applicable, or
• Applied to future purchases at our Prevailing Retail Price for home Heating Oil in effect at the time of delivery.

v. Usury

In no event shall any Late Fee, Early Termination Fee, or other charges under this Agreement exceed the maximum amount allowed under applicable usury laws or other similar laws affecting the maximum allowable interest or fees chargeable.

w. Signatures

This Agreement may be returned to us by U.S. mail or with an electronic signature complying with the U.S. federal ESIGN Act of 2000 (including, without limitation, by use of DocuSign).

x. Definitions

1. “Automatic Delivery” or “Automatically Deliver”
   Means we will deliver Heating Oil to you automatically, at such times as we determine in our sole discretion, without any requirement to receive a specific delivery request from you.
2. “Delivery Address”
   Means your address listed on your Heating Oil agreement for the delivery of Heating Oil.
3. “Prepaid Amount”
   Means the total amount that you are prepaying, as stated on your prepaid Heating Oil agreement.
4. “Prepaid Gallons”
   Means the number of gallons of Heating Oil that you are agreeing to buy during the Pricing Period at the prepaid purchase price per gallon stated on your prepaid Heating Oil agreement.
   It also represents the maximum number of gallons of Heating Oil that we are required to deliver to you at such prepaid purchase price per gallon.
5. “Prevailing Retail Price”
   Means the price per gallon charged for Automatic Delivery of Heating Oil to a customer who does not have a currently effective Heating Oil agreement or fixed price Heating Oil agreement.For the avoidance of doubt, the Prevailing Retail Price:
   • Varies depending on a customer’s Delivery Address.
   • Fluctuates over time and may change on a daily basis.
   • Differs from the cash-on-delivery price per gallon.
6. “Pricing Period”
   Means:
   • For prepaid Heating Oil customers: The duration of time stated on your prepaid Heating Oil agreement during which your Prepaid Gallons can be purchased.
   • For Heating Oil customers and fixed price Heating Oil customers: The duration of time stated on your Agreement during which the Price Gallons can be purchased.
   • For variable price Heating Oil customers: The duration of time stated on your Heating Oil agreement that the variable price is applicable to your Heating Oil purchases.

YOUR BILLING RIGHTS

This notice contains important information about rights and responsibilities under the Fair Credit Billing Act.

NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address listed on your bill as soon as possible. We must hear from you not later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (a) Your name and account number; (b) The dollar amount of the suspected error; and (c) Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about.

YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE. We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days (sixty (60) days in Maryland), we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including LATE FEES, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any LATE FEES related to any questioned amount. If we did not make a mistake, you may have to pay LATE FEES, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone that we report you to that you have a question about your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don’t follow these rules, we can’t collect the first $50.00 of the questioned amount, even if your bill was correct.

SPECIAL RULE FOR CREDIT CARD PURCHASES. If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if the merchant is owned or operated by the creditor, or if the creditor mailed you the advertisement for the property or services.

CREDIT CARD PAYMENTS. If you have authorized us to pay your bill automatically with your credit card, savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur.

NOTICE OF CANCELLATION

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE

BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.