My propane company decided to cancel all contracts....( Vent )

[ChibiJones]

"Force Masseur Law" ( which I can't find anything about )

I think it's supposed to be Force Majeur. Maybe they were mispronouncing it. Good luck. If such a thing exists, your AG's office should know about it. I've always associated Force Majeur with natural disasters like earthquakes & volcanos, not things like price fluctuations.

 

[Mskanga]

Thanks ChibiJones;
You are absolutely correct , it's spelled Force Majeure and I don't see any laws regarding that and propane , but as you said if there's one, the AG's office will know and act on it.
Boy, why don't they use English terms??? LOL

 

[aahmom1]

I know for a fact that I wouldn't even consider paying the inflated price. If there is in fact a law on the books that states that and you do have to pay it, I would

A) Call around and get prices from all other propane companies.

B) Cancel my contract with the first company.

C) Spread the word to everybody you know who uses propane that comany A cancelled it's contracts and cannot be trusted.

 

[Mskanga]

Actually everyone is charging about the same up here now , so to change right now is not a good idea , but they have been getting a lot of phone calls of people complaining, if nothing is done we will take it to the local TV stations, I'm sure they won't want that kind of advertisement, but we don't like to be taken to the cleaners either. At this rate, electric heat is cheaper!

 

[ChibiJones]

it's spelled Force Majeure

Six years of French & I spelled it wrong too LOL.

 

[justjulie]

Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

When negotiating force majeure clauses, make sure that the clause applies equally to all parties to the agreement--not just the licensor. Also, it is helpful if the clause sets forth some specific examples of acts that will excuse performance under the clause, such as wars, natural disasters, and other major events that are clearly outside a party's control. Inclusion of examples will help to make clear the parties' intent that such clauses are not intended to apply to excuse failures to perform for reasons within the control of the parties.

 

[Mskanga]

Thanks for clarifying that julie , but at the AG's office they said such a clause should have been included in their contract, apparently they got quite a few complaints today, not just mine.

 

[dalepool]

After the 9-11 attack we had something similar happen to us--not with heating fuel but with property we own in Hawaii. We had a written and signed contract that stated a set amount that would be paid to all condo owners who let the contracted hotel rent the owners condo. The Hotel was able to cancel the contract re: the effects of the NY attacks. Hardly seems fair BUT---in our case had the hotel have been forced to pay the condo owners I'm sure the hotel would be in financial ******* today. Now in your case if the heating company paid "futures" for your oil then you should be OK. I'd get the advice of an Atty. One thing to think about is if the oil company had an agreement with an oil distributor the distributor may be using the "greater force law".

Keep us up to date.
PattyN

 

[bobcat]

I'm glad you called the AG. It almost sounds as if they are jumping the gun enacting this law assuming that we would go to war and no one would question this. Keep us updated.

 

[kylara]

Well I am glad you AG stated that it needed to be a clause in the contract. It seems to me that if they didn't include that clause they are going to have a hard time backing out of the contracts, unless they can justify it to the AGs office.

Good luck..and I agree with the poster who said not to pay the higher price...if you do, they might argue that you agreed to that price by paying it.