Virginia Code 59.1-21.18:3: Prohibited acts
Except in the event of failure by any distributor in the Commonwealth to comply with the material requirements imposed upon him by a contract or agreement with the supplier, other than a failure caused by force majeure; or except as may be required by an agency of the federal or state government responsible for regulating allocations of petroleum products; or except as provided in § 59.1-21.18:4, it shall be unlawful for any supplier:
Terms Used In Virginia Code 59.1-21.18:3
- Contract: A legal written agreement that becomes binding when signed.
- Distributor: shall mean any distributor, wholesaler, jobber, consignee or commission agent who purchases or otherwise acquires possession of or an interest in petroleum products under a contract of supply in the Commonwealth from a supplier for redistribution or wholesale sale;
4. See Virginia Code 59.1-21.18:2
- Force majeure: means an act of God or any other cause not reasonably within the control of the supplier. See Virginia Code 59.1-21.18:2
- Petroleum products: shall mean kerosene and number one and two heating oils;
2. See Virginia Code 59.1-21.18:2
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Supplier: shall mean any person, partnership, company, corporation or association engaged in the refining and subsequent sale of petroleum products to any distributor in the Commonwealth;
3. See Virginia Code 59.1-21.18:2
- To discontinue: shall mean the failure or refusal to sell a monthly allocation as defined herein to a distributor for a period of six consecutive months unless such failure or refusal is the direct and proximate result of force majeure;
6. See Virginia Code 59.1-21.18:2
- To reduce: shall mean the failure or refusal of a supplier to deliver at least seventy-five per centum of a monthly allocation to a distributor for a period of two consecutive months unless such failure or refusal is the direct and proximate result of an allocation percentage factor applied by the supplier to all its distributors or force majeure;
7. See Virginia Code 59.1-21.18:2
1. To discontinue monthly allocations of petroleum products to a distributor, his successors in interest or qualified assigns provided that such successors in interest or qualified assigns meet the supplier’s usual contract acceptance criteria; or
2. To reduce monthly allocations of petroleum products to a Virginia distributor, his successors in interest or qualified assigns provided that such successors in interest or qualified assigns meet the supplier’s usual contract acceptance criteria.
1980, c. 457.