Further terms and conditions governing the supply of propane, equipment and service to Customer are contained below (reverse side of document version) and are an integral part of this service and supply agreement. A completed version of this application/2 page document will be considered legal and binding via electronic signature.
I/We agree to pay any balance owed to Gas Inc within thirty (30) days of the invoice date. I/We shall pay finance charges that accrue on the unpaid balance outstanding for more than 30 days after invoice date at the rate of 1½% per month (18% A.P.R.). I/We understand that legal action may be taken if I/we fail to fulfill my/our obligation under this contract and I/we will be responsible for all collection costs including, interest, filing fees, and attorney fees of not less than $195.00 plus any additional amounts assessed by the court. Customer acknowledges receipt of a copy of this “Residential Customer Application and Service and Supply Agreement.”
Terms and Conditions
Acceptance: Upon acceptance by Gas Inc of this application, applicant (and co-applicant) shall become the “Customer.”
Property: Gas Inc will provide Customer with appropriate propane storage tank (“tank”) or cylinder and related equipment (in Gas Inc’s opinion), which will, at all times, remain the property of Gas Inc and will not become a fixture or part of Customer’s real estate. A UCC-1 may be filed with the appropriate state where tank is located.
Tank Rental: After the first year of service, customer shall be billed for tank rental. Customer will be billed annual tank rental on the anniversary of account setup.
Rental & Restocking Fees
Equipment/Tank Rental Charge:
(Assessed annually on customer anniversary date)
(Un-used propane remaining in tank at time of pick up)
$0.30 per gallon
Special delivery charge
(per delivery/incurred for unscheduled or off-route deliveries)
Tank removal Charge
Return Check Charge
(Held and will be returned upon termination after all charges paid)
(Incurred each time a service technician is dispatched)
Meter System Fee
(per statement/metered service customers only)
Will Call Convenience Fee
(Assessed each delivery for customers who choose will call status if automatic delivery is available)
Termination: Customer may terminate this agreement by giving Gas Inc thirty (30) day prior written notice. Gas Inc may terminate this agreement at any time if Customer violates any of the terms and conditions of this agreement. Prior to termination of this agreement, Customer shall use all propane in tank or cylinder. Any propane remaining in the tank or cylinder upon removal shall become the property of Gas Inc and the value thereof may be credited to the Customer at the discretion of Gas Inc. Customer shall remain liable for all fees and charges incurred by Customer prior to the termination of this agreement. Upon termination, Gas Inc may charge the Customer the tank removal charge and an excavation charge (if applicable).
Exclusive Delivery: Customer agrees that only propane sold by Gas Inc will be delivered to the tank or cylinder provided by Gas Inc.
Delivery Price: Customer shall pay Gas Inc’s rates, fees or charges in effect on the date that propane is delivered to Customer. Gas Inc reserves the right to change its rates or charges if need be without prior notice. The price of propane varies based on market influences, Gas Inc’s costs, volume of use, and other factors.
Service Charges: Service charges are based upon Gas Inc’s then current labor and operational costs.
Default: Customer agrees to pay all invoices received from Gas Inc within 30 days of the date of any such invoice. Customer will be considered in default if balances are unpaid after 30 days. Customer shall pay finance charges on the 30 day unpaid balance as provided on the reverse side hereof.
Equipment Operation and Access: Gas Inc shall maintain the equipment in good operating condition at all times. Customer hereby agrees that Gas Inc shall have right of entry at all times upon customer’s premises at any or all reasonable hours of the day for the purpose of removal, inspection, and repair or to maintain the equipment. Access will be granted to Gas Inc without question or hindrance by Customer or Customer’s agents. Customer will always be responsible for maintaining accessibility to said equipment.
Limitations on Damages: Gas Inc shall not be liable for any loss sustained by Customer as a result of the exhaustion of Customer’s supply of propane, nor for any injuries to persons, damage to property or loss due to the negligence by Customer, its employees, or assigns. Gas Inc shall not be liable for incidental or consequential damages.
The current price and/or rate for “service, propane, tank rental charge(s), tank removal charge(s),” and any other fee, charge or cost to Customer is readily available by visiting or calling one of Gas Inc’s Customer Service Centers. Gas Inc reserves the right to increase any prices, fees, rates or charges without prior notice.