SERVICE AGREEMENT TERMS & CONDITIONS
SUPPLIED/NON-SUPPLIED EQUIPMENT: Company agrees to provide unless otherwise stated the LP-gas tank(s), tank monitoring equipment and or vapor meter(s), as specified. The consumer acknowledges the use of company owned equipment on the consumer's premises on a leased basis. The consumer agrees to protect all company owned equipment from preventable damages, loss or theft. Consumer acknowledges and agrees to assure for safety during service and delivery not to allow any other service agent or supplier attempt to supply or service the equipment as provided by the company. Company owned equipment shall not become permanent fixtures affixed to the property at anytime at which title shall remain with the company. Consumer agrees that during any given year, should the requirements for LP-gas be less than four times the capacity of the provided equipment, the company shall reserve the option to substitute a smaller sized tank or shall make customary adjustments in the tank lease and or price per gallon. Unless otherwise stated, consumer agrees to purchase and maintain all pressure regulators associated with the LP-gas system. The consumer further agrees to replace all pressure regulators prior to the recommended service life expectancy as specified by the manufacture or as needed. The company when requested by the consumer will assist in determining the age and usefulness of the pressure regulator.
LOCATION: Consumer agrees not to change or modify the location of the tank and or equipment unless first obtaining written approval by the company.
ACCESS AND REMOVAL: The consumer agrees to provide safe and unobstructed access to tank(s) or meter location(s). Consumer authorizes the agents of the company to enter consumer's premises at any and all reasonable times to inspect or service the propane system, deliver gas, and/or remove company owned gas equipment upon termination of service. Where access is limited by locks, the consumer agrees to supply keys or combination in advance of regular deliveries. If locks are changed without notice, the consumer agrees to pay a trip charge and standby time. Company assumes no responsibility for damage caused by consumer's breach of agreement to provide safe and unobstructed access. If consumer defaults under this agreement or if consumer should desire to return said tank to company, consumer will be responsible for removal of tank and fixtures at prevailing labor rates. In the event the tank is below grade, consumer is responsible for exhumation of tank, any fill dirt, sodding, or other repair and will hold the company harmless for any damages resulting in removal of said equipment.
DURATION OF AGREEMENT: This agreement may be terminated at any time by either party upon 30 days advanced written notice to the other party. This agreement may also be cancelled at any time by either party upon default or breach of agreement. If the company exercises it's option to terminate this agreement a refund of the equipment lease will be made on a pro-rata basis. If the consumer terminates this agreement a refund of one-half the pro-rata lease for the first 6 months will be made. The consumer agrees to give the company adequate notice prior to terminating this agreement and or service so as to reduce the remaining LP-gas inventory at or below 5%. Any LP-gas remaining in excess of 5% will be refunded to the consumer at the original purchase price less a handling fee and or pump out removal fee as determined by current prevailing labor rates. All LP-gas sales to consumer owned equipment are final.
LICENCES/TAXES: Consumer agrees to pay all licenses, taxes, or any other assessments that may be levied on the equipment covered under this agreement.
CHARGES/REGULATORY COMPLIANCE FEE: Consumer agrees that charges for company provided equipment and LP-gas are subject to change without notice. In lieu of increased costs due to regulatory oversight, the company imposes a Regulatory Compliance Fee to help underwrite a portion of the costs associated in complying with local, state, and federal regulations governing the safe handling of hazardous materials.
PAYMENT TERMS: Invoices are due and payable based on the terms. Any unpaid account balance based on those terms will result in the assessment of a FINANCE CHARGE and/or a RE-BILLING FEE. This assessment fee shall be $2.00 per month or 1-1/2% per month (18% ANNUM) of the past due balance, whichever is greater.
TITLE: Title to all company owned equipment covered under this agreement shall at all times remain in the company. Title to merchandise or LP-gas shall remain with the company until the invoice has been paid in full.
FAILURE TO PERFORM: The company shall not be liable to the consumer or any other party for failure to supply propane, delay, loss or damage or any failure to perform under this agreement due to any of the following but not limited to: Environmental weather conditions, acts of God, fire, flood, labor disputes, failure of equipment, or any other cause beyond the reasonable control of the company.
INDEMNIFICATION: The consumer agrees to indemnify and hold harmless the company from any and all claims, defects, liability, injury, damage, loss, interruption of service or expense resulting from consumers unauthorized use or tampering of company owned and or consumer owned equipment. Consumer further agrees to pay the current replacement value of all company owned equipment resulting from damage, loss, theft, or acts of God including but not limited to lightning, flood, earthquake and fire.
ATTORNEY'S FEES: Any event involving this agreement requiring legal proceedings, the prevailing party shall be paid reasonable attorney's fees by the other party.
DELIVERY SCHEDULE: All propane deliveries are made on periodic scheduled routes predicted on consumer use. If your usage changes please notify your ACME Fuel/Blue Star Gas Customer Service Representative to ensure that you do not run out. No "will call" service is provided except at company's option. All C.O.D. deliveries must be paid prior to delivery. The consumer authorizes automatic restocking of propane, and will be responsible for all deliveries made without signature until authorization to do so is revoked in writing.