INTRODUCTION

For purposes of this Agreement, the Propane Gas Supplier identified on the first page hereof will be “we” or “us.” “You” will be any person or entity who (a) requests delivery of Propane or equipment from us, (b) permits Propane or equipment to be delivered by us, or (c) permits Propane or equipment obtained from us to be retained on property which the person or entity owns, rents, or has a right to use (the “Property”). If you have, in the name of more than one person, requested delivery of Propane or equipment from us or applied for a product or service that requires credit approval, you will be jointly and severally responsible for complying with this Agreement. You should review the Service Terms above  carefully and notify us immediately at the telephone number printed at the bottom of the Service Terms (the “Customer Service Number”) if any information contained on it is incorrect. All information contained on the Service Terms will be considered accurate and applicable to this Agreement until you notify us otherwise or we send you new Service Terms. The current list of fees and charges (the “Current Charges List’) as specified in the Service Terms are subject to change upon thirty (30) days’ prior notice to you.

Section I is applicable to all purchases of Propane from us. Section II is applicable to rental of equipment from us. Section III describes your payment obligations to us. Section IV applies to equipment purchase, service, and repair. Section V is applicable to all types of transactions with us.

1. TERMS APPLICABLE TO PROPANE PURCHASES

You obtain Propane delivery from us through one of the services described below (“Service”), which will be specified on the Service Terms. Terms of each Service are described in more detail in this Section I. For additional questions or information, you may contact us at the Customer Service Number.

1. Bulk Service.

1. General. If the Service Terms do not specify otherwise, you are obtaining bulk delivery of Propane (“Bulk Service”) and we will deliver Propane into the bulk tank or the cylinder(s) you lease from us or own (in either case, the “Tank”). If you lease your Tank from us, you agree to purchase from us a volume of Propane at least equal to two times the water capacity of your Tank each 12-month period following your first delivery of Propane (the “Minimum Volume Requirement”) unless you have reached a different arrangement with us. If you fail to purchase your Minimum Volume Requirement, we may, at our option, either terminate this Agreement and cease delivery of Propane to you, adjust the daily price of the Propane we deliver to you, charge you a Low Usage Fee, and/ or increase your Tank Rent to reflect your low usage. The maximum charges for Low Usage Fees are set forth on the Current Charges List. If you have Bulk Service, you will own all Propane delivered by us to your Tank from the time the Propane is delivered and paid for in full.

2. Customer-Owned Tanks. If you own the Tank where you have requested us to deliver Propane, we reserve the right (but have no obligation) to inspect your external system for delivery of Propane, including external components such as your Tank regulators and vents (excluding exhaust vents for products of combustion) (the “System”). The purpose of any such inspection is to determine whether we believe your System is safe and adequate for the storage of Propane. If we choose to deliver Propane to you, we may require you to upgrade your System to meet our safety standards. By inspecting your System, we make no representation or warranty to you concerning the safety or adequacy of your System. You are responsible for any loss or damage caused by your System. You are required to maintain and pay all expenses for maintaining your System and all hoses, meters, or other equipment which are part of your System. If we determine that your System is no longer adequate for delivery of Propane, we will terminate Service. If inspections, testing, or repairs are required by applicable federal, state, or local laws, regulations, or ordinances (“Applicable Laws”), you will be responsible for the cost and completion of all such work and for property repair, including landscaping costs, if any, related to such work.

2. Cylinder Exchange Service. If the Service Terms indicate that you are obtaining cylinder exchange service (“Cylinder Exchange Service”) from us, we will supply you with cylinders and related equipment for a minimum of one year from the date of first delivery. When we deliver Propane to you, we will exchange the cylinder(s) previously delivered to you for full cylinders. We reserve the right at any time to increase or decrease the number of cylinders used for your Cylinder Exchange Service, at our sole election. You will own the Propane from the time that it is delivered to you and paid for in full. You must return all cylinders to us. If any cylinder is lost, stolen, destroyed, or damaged for any reason while in your possession, you must pay us the replacement cost of the cylinder.

3. Purchase Price. We offer a daily price to our Customers based on their specific Customer information. These prices are set by us in our discretion and may vary due to a variety of factors, including without limitation: propane commodity prices and supply points, costs of transportation and storage, geographic location of the Customer in relation to our service units and supply points, volume usage, whether the Customer owns or leases the propane tank, and whether the Customer is Auto Fill/Keep Full or Will Call. You agree to pay our current daily price for Propane unless you have a different agreement in place that determines the purchase price. If you have chosen Will Call service, the daily price will be determined on the date your delivery order is accepted. If you have chosen Auto Fill/Keep Full service, the daily price will be determined on the date of the delivery. We reserve the right to set our daily price and to vary that pricing among our customer types at our sole discretion. All customers may obtain their current daily price by calling their Supplier. Payment terms are set forth in Section III.

4. Delivery of Propane. The Service Terms indicate whether you have chosen to have Propane delivered when you order it (“Will Call”) or to have us schedule delivery when we estimate that Propane will be required (“Auto Fill/Keep Full”). If your Property is not continuously occupied, but you have requested an Auto Fill/Keep Full arrangement, we may require a modified Auto Fill/Keep Full arrangement. The terms of Will Call and Auto Fill/Keep Full are described below. We will deliver Propane according to a schedule that we establish. If you request us to deliver Propane to you at other times or on an emergency basis, we may, at our option, impose additional delivery charges (as set forth on the Current Charges List). You authorize us to make delivery of Propane whether or not you are present. IF YOU RUN OUT OF PROPANE FOR ANY REASON, WE WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES YOU MAY INCUR, INCLUDING WITHOUT LIMITATION, FROZEN PIPES OR DAMAGE TO BUILDINGS, POULTRY, OR LIVESTOCK. All sales of Propane are final.

1. Will Call. If you have chosen Will Call, we will not deliver Propane until you call and request delivery. We suggest that you call us when your Tank reaches thirty percent (30%) capacity. WE RECOMMEND YOU PLACE A TANK MONITOR ON YOUR SYSTEM TO MONITOR THE AMOUNT OF PROPANE REMAINING IN YOUR TANK. 

2. Auto Fill/Keep Full. If you have chosen Auto Fill/Keep Full, we will deliver Propane to you from time to time on our schedule when we believe that delivery is appropriate. YOU WILL NOT BE CONTACTED IN ADVANCE OF THE DELIVERY AND YOUR PRICE AND ANY APPLICABLE FEES AND CHARGES WILL BE DETERMINED IN ACCORD WITH PARAGRAPH 4 OF SECTION 1 AND THE CURRENT CHARGES LIST. We will use commercially reasonable  efforts to keep your Propane supply adequate, but make no representation that we will inspect your Propane supply on a specific schedule. Weather conditions or a change in your circumstances can dramatically affect your Propane use. Accordingly, you must inspect the amount of Propane available from time to time, especially if you have had a period of unusually high usage. We will give you priority service if your supply is low or if you run out of Propane. We will not charge you an additional delivery charge under these circumstances. We have the right to determine when to fill your Tank. If you refuse to allow us to fill your Tank at any time we may, in our discretion, convert you to Will Call. If the Property where the Propane is delivered is not your primary residence or is occupied or used by you only part of the year, the standard Auto Fill/Keep Full arrangement may not be available, in our discretion, and we may require a modified Auto Fill/Keep Full arrangement. If so, you must notify us in advance of any significant increase or decrease in your Propane use from the prior month. If you fail to notify us in advance of a change in usage, and as a result you must order an additional delivery of Propane, we will impose an additional delivery charge (as set forth on the Current Charges List), and if we deem it appropriate, we may charge you for retesting the System.

5. Your Responsibility for Your Equipment. If you are renting equipment from us, you own and are solely responsible for the inspection and maintenance of all piping, equipment, and/or appliances, which are downstream of any regulator that is owned or maintained by us for Bulk Service. If you own the Tank, you are solely responsible for the inspection or maintenance of the System unless you have elected our Annual Service Offering. Whether you rent or own your Tank, it is your duty to inform us about all work of any nature on any part of your System and/or other related appliances, including but not limited to repair, removal, installation, adjustment, modification, maintenance, and/or service of any part of the System and/or related appliances. You understand and agree that we have no obligation to inspect or maintain any equipment that we have not committed in writing to inspect or maintain.

6. SAFETY WARNINGS AND INFORMATION.  THE SERVICE TERMS AND EACH DELIVERY INVOICE CONTAINS SPECIFIC PROPANE SAFTEY WARNINGS, INFORMATION AND INSTRUCTIONS.  YOU AND YOUR FAMILY MEMBERS MUST READ AND UNDERSTAND SUCH SAFETY WARNINGS AND OPERATING INSTRUCTIONS WE PROVIDE. IF YOU DO NOT UNDERSTAND SUCH WARNINGS, INFORMATION AND INSTRUCTIONS YOU MUST IMMEDIATELY CALL US AT THE CUSTOMER SERVICE NUMBER. YOU AGREE TO FOLLOW ALL INSTRUCTIONS IN THE WARNINGS, INFORMATION AND INSTRUCTIONS AND MAKE YOUR FAMILY MEMBERS, TENANTS OR RESIDENTS AWARE OF THE WARNINGS, INFORMATION AND INSTRUCTIONS. YOU AGREE THAT IN THE EVENT YOU OR ANY FAMILY MEMBER,  TENANT, OR OTHER RESIDENT DOES NOT FOLLOW THE PROPANE SAFETY INFORMATION WARNINGS AND INFORMATION, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT OR OCCUR, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. It is your duty to inform us about all work of any nature on any part of your System and/or related appliances, including but not limited to repair, removal, installation, adjustment, modification, maintenance, and/or service of any part of the System and/or related appliances.

7. Current Charges List. WE RESERVE THE RIGHT TO CHARGE UP TO AND INCLUDING THE MAXIMUM FEES SHOWN ON THE CURRENT CHARGES LIST. THESE FEES ARE NOT GOVERNMENT-IMPOSED, ARE NOT PAID TO ANY GOVERNMENT AGENCY AND ARE SET BY US IN OUR DISCRETION. Not all fees may be applicable to you depending on your service level and location. Hourly rates vary by Supplier. All fees can vary among our locations but will not exceed the maximum charge listed on the Current Charges List. Contact your Supplier or call the Customer Service Number for the amount of these fees charged in by the Supplier in your service area.

2. TERMS APPLICABLE TO EQUIPMENT RENTAL

1. Equipment Rental. If you are renting equipment from us, the equipment includes all tanks, cylinders, and related appurtenances, including but not limited to all first stage regulators, pigtails, additional hoses, and other components included in your rental package (the “Rented Equipment”). We will deliver the Rented Equipment to you and install it, if installation is required. You agree to rent the Rented Equipment for the period this Agreement is in effect. Rental payments will not be credited, refunded, or prorated if service terminates before the lease term expires. If you have a question about your Rented Equipment, call your Customer Service Number. The Rented Equipment belongs to us even though it may be on, fastened to, or attached to your Property. You are responsible for the repair of any damage caused to the Rented Equipment while on your Property. If you recover insurance proceeds for loss of the Rented Equipment for any reason, you must deliver the proceeds to us for replacement of the Rented Equipment.

2. Limitations On Use. You will not permit any Propane or other product to be delivered into the Rented Equipment by anyone other than us. The Rented Equipment must not be moved, handled, or maintained by anyone other than us or someone authorized by us. You may not move the Rented Equipment to any location other than the location where we installed it, without our express authorization. Call us at our Customer Service Number if maintenance or repair is needed. YOU AGREE THAT IF YOU DO NOT STRICTLY FOLLOW THESE LIMITATIONS ON USE, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY OCCUR OR RESULT FROM YOUR USE OF PROPANE OR OTHER PRODUCTS OBTAINED FROM US, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.

3. Your Inspection Obligations. You must regularly inspect the Rented Equipment. You must inform us at once if the Rented Equipment has sustained any damage. Follow the emergency procedures in the Warnings, Instructions and Information shown on the Service Terms page any time you smell odorized Propane or believe the Rented Equipment to be damaged.

4. Underground Tanks. All underground Tanks must be purchased from us. In some regions, you may be able to rent an underground Tank other than on a lease-to-own basis for an annual rental charge. You should call the Customer Service Number to find out if this option is available in your area. If you buy an underground Tank, you will be responsible for paying all fees for installation as well as for repairs and replacement of property, including landscaping, caused by or related to the installation of the underground Tank. You may not remove or replace stakes or markers placed on the Property to mark the Tank’s location without our prior consent. At the end of the usable life of the Tank, as determined by us in our discretion, you must pay all costs incurred for the removal and/or closure of the Tank in accordance with all Applicable Laws and for all costs associated with damage to the Property as a result of removal, including landscaping. The charge to remove an underground tank can vary greatly and is affected by numerous factors, including the size and access to the tank, soil conditions and other impediments.

3. PAYMENT TERMS FOR PROPANE PURCHASE, EQUIPMENT RENTAL, AND RELATED CHARGES

1. Payment Obligation. You agree to pay us for all Propane delivered, the rental price for Rented Equipment, and all other charges which you incur in accordance with the payment option applicable to you. Your payment option plan is Pay in Advance unless other arrangements have been made and you are notified that you have been accepted into one of the other alternative payment option programs, as described below (Cash on Delivery, Easy Pay, or Statement Billing). You agree to pay all amounts you owe us at the time you are required to pay. We will apply payments to the oldest balance due. If you fail to pay us when payment is due, we may refuse to deliver Propane to you until you pay your outstanding balance and pay in advance for future delivery. We may also apply any amount we hold as a deposit against amounts you owe us.

2. Payment Options.

1. Pay in Advance. If you are a Customer who must pay in advance of delivery, no Propane or Rented Equipment will be delivered to you unless you have paid in full prior to delivery (“Pay in Advance”). You may pay in advance by mailing or hand-delivering your payment at our local office at the address in the  Service Terms, or you may pay by credit card or electronic funds transfer by calling the Customer Service Number. Service will not be provided until we have actually received your payment. You should mail payments no less than seven (7) business days prior to the date you wish to have Service, or hand-deliver your payment at our local office no less than three (3) business days prior to the date you wish to have Service. You will receive credit on the following business day for credit card payments by telephone or after our receipt of an electronic funds transfer. You may call us at the Customer Service Number if you have any questions about making payments. If you are a Pay in Advance customer, we may allow you to pay on a “Cash on Delivery” or “C.O.D.” basis, at our sole election from time to time. We may at our discretion, inform you at any time that you no longer qualify for C.O.D. payment and require you to pay in advance. Certain costs will be billed to you after they are incurred even if you are a Pay in Advance Customer.

2. Easy Pay (Budget Billing). If you have elected and are approved for Easy Pay, we will bill the same amount each billing period based on your estimated annual usage (“Easy Pay”). Each quarter, we will review your account. We will compare the estimated amount you have been billed to the actual amount of Propane delivered to you. You are responsible for paying for the actual amount of Propane delivered to you. We will adjust your statements for the following quarter based on your usage and current prices. We will also recompute your payment amounts on an annual basis, and will adjust your monthly billing amount for the next year by the amount that you have overpaid or underpaid.  Overpayments will only be used to adjust future payments and in no event will overpayments be refunded to you. We reserve the right to review your account and adjust your statement to reflect actual usage at any time. All non-Propane charges will be billed to you on your monthly statement, in addition to the monthly amount you are billed for Propane, and will be due and payable on the due date shown on the statement.  We may include administrative and other fees in your monthly statement. We may, at our discretion, inform you that you no longer qualify for Easy Pay and require you to pay using other methods and remove you from Auto Fill/Keep Full status.

3. Statement Billing. If you have elected and are approved for statement billing, we will bill you after delivery by sending you a statement after the Rented Equipment or Propane has been delivered to you that will include all applicable charges (“Statement Billing”). Payment will be due by the due date shown on the statement. We may, at our discretion, inform you that you no longer qualify for Statement Billing and require you to pay using other methods and remove you from Auto Fill/Keep Full status.

3. Billing Inquiries. If you have questions about your statements, you should call us at the Customer Service Number. You must call us within ten (10) days of receiving a statement, if you believe that any of the information on the statement is incorrect. Otherwise, you will be responsible for all amounts charged to you on the statement.

4. Credit Check. If you have requested or request in the future either Easy Pay or Statement Billing, you have given us or will give us permission to obtain your credit information from consumer reporting agencies at any time. If we determine that we will no longer make Easy Pay or Statement Billing available to you because of your credit information, or for any other reason, we will notify you that you must pay in advance for future Service.

5. Payment of Other Charges. Your payment for Propane delivery and Rented Equipment does not include certain other charges that are set forth on the Current Charges List. If you are a Pay in Advance Customer, you must pay installation and connection charges prior to installation. Easy Pay and Statement Billing Customers will be billed for installation and connection charges after those charges are incurred. Certain other charges will be billed to all Customers. Payment is due and payable on the due date shown on your statement. The Current Charges List includes a “HAZMAT Fee” for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials. These fees do not represent a tax or fee paid to or imposed by any governmental authority, and we will retain all of the charges. We have not specifically quantified the relationship between the charges and the actual costs associated with the charges, which can vary by product, service, time, and place, among other things.

6. Late Payment Charges and Returned Check Fees. Your payment for delivery of Propane or any other Service that is billed to you on a statement is due upon receipt of the statement. You understand and agree that in the event that you do not pay for Service on time, we will be damaged. It would be difficult to ascertain the extent of actual damages incurred by us. Accordingly, we will charge you a late charge equal to one and one-half percent (1.5%) of the amount past due if you have not paid for deliveries or other amounts billed to you for the first time on each statement by the date that is thirty (30) days after the date shown on that statement. If state law where you receive Service does not permit a late charge of one and one-half percent (1.5%) of the amount past due, we will adjust the late charge to the highest amount permitted by Applicable Law. You agree that the late charge is liquidated damages and is not a penalty. If your check, draft, or electronic funds transfer is returned for insufficient funds, we will also charge you thirty-five dollars ($35) or the highest amount permitted under applicable state law for the returned check, whichever is less.

4. EQUIPMENT OR PRODUCTS PURCHASE, SERVICE, AND REPAIR

1. Purchase of Equipment. If you purchase tanks, equipment, or other appliances or products (“Products”) from us, including purchasing equipment on a lease-to-own basis, you will have sole responsibility for the Products after purchase. You will be responsible for maintaining the Products in accordance with all Applicable Laws and industry standards, including without limitation, any standards set forth by the National Fire Protection Association, the United States Department of Transportation, and the American Society of Mechanical Engineers (“Industry Standards”).

1. Use of Purchased Tanks. You will use any new or used Propane tank purchased from us which is not designated as a “junk tank” solely for the storage and use of Propane to be consumed in accordance with all Applicable Laws. If you have purchased a tank that we have designated as a “junk tank,” you may not use the tank for Propane storage, the storage of any other compressed gas, or for any other use as a pressure vessel.

2. Your Inspection. You will have an opportunity to inspect and become familiar with the condition of the Products you purchase prior to purchase. You may conduct any mechanical inspections or investigations you deem appropriate. All sales are final.

3. Environmental Matters. You release us from any and all claims, demands, obligations, causes of action, and liabilities arising out of or in any way related to the presence of hazardous substances (as defined below) on, in, or under the Property where the Product purchased is located, regardless of how or when such hazardous substances came to be located on, in, or under the Property. You agree to protect, defend, indemnify, and hold us harmless from and against any and all claims, demands, losses, liabilities, penalties, fines, and any other costs and expenses (including attorney’s fees) which arise out of or in any way are connected to the presence of any hazardous substances on, in, or under the Property or the Product, regardless of how or when such hazardous substances came to be located on, in, or under the Property or the Product. The term “hazardous substances” shall mean any substance or substances which at any time shall be listed as “hazardous” or “toxic” under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.S. 9601 et. seq. as amended, and shall also include, without limitation, liquefied petroleum gas (including Propane and any additives thereto), petroleum products or by-products and constituents, and any other material or substance termed “hazardous” under any other federal, state, or local law, rule, regulation, or ordinance.

4. Exclusive Remedy. Your exclusive remedy for defective title or goods shall be limited solely to a refund of the purchase price. No other remedy (including but not limited to the recovery of direct, incidental, special, or consequential damages for lost profits, lost sales, injury to persons or property, or any other loss) shall be available to you, whether by direct action, claim for contribution, indemnity, or otherwise, and whether based on contract, tort, or other legal theory. This exclusive remedy shall not be deemed to have failed of its essential purpose as long as we are willing and able to carry out the terms of the remedy set forth herein.

5. Personal Injury and Property Damage. YOU AGREE TO RELEASE AND HOLD US HARMLESS, AS WELL AS OUR EMPLOYEES, DIRECTORS, AGENTS, OR ASSIGNS, FOR YOUR OR YOUR GUESTS’, INVITEES’, FAMILY MEMBERS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, AND/OR CUSTOMERS’ NEGLIGENCE, BREACH OF WARRANTY, OR STRICT LIABILITY. YOU AGREE TO PAY ALL SETTLEMENTS, AWARDS, JUDGMENTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES ARISING OUT OF OR RESULTING FROM YOUR OR YOUR EMPLOYEES’, CONTRACTORS’, AND/OR CUSTOMERS’ USE OF ANY EQUIPMENT PURCHASED FROM US.

2. Service, Inspection and Repair.

1. Installation Review