59.1-21.18:2 - Definitions - Virginia Statutes

§ 59.1-21.18:2. Definitions.

As used in this chapter, unless the context requires otherwise, the followingterms and phrases shall have the following meanings:

1. "Petroleum products" shall mean kerosene and number one and two heatingoils;

2. "Supplier" shall mean any person, partnership, company, corporation orassociation engaged in the refining and subsequent sale of petroleum productsto any distributor in the Commonwealth;

3. "Distributor" shall mean any distributor, wholesaler, jobber, consigneeor commission agent who purchases or otherwise acquires possession of or aninterest in petroleum products under a contract of supply in the Commonwealthfrom a supplier for redistribution or wholesale sale;

4. "Monthly allocation" shall mean the monthly amount of petroleum productssold or otherwise supplied to a distributor under applicable U.S. Departmentof Energy regulations and rules, or which the supplier may otherwise beallocating to its distributors;

5. "To discontinue" shall mean the failure or refusal to sell a monthlyallocation as defined herein to a distributor for a period of six consecutivemonths unless such failure or refusal is the direct and proximate result offorce majeure;

6. "To reduce" shall mean the failure or refusal of a supplier to deliverat least seventy-five per centum of a monthly allocation to a distributor fora period of two consecutive months unless such failure or refusal is thedirect and proximate result of an allocation percentage factor applied by thesupplier to all its distributors or force majeure;

7. "Force majeure" means an act of God or any other cause not reasonablywithin the control of the supplier.

(1980, c. 457.)