1. PURCHASES: The COMPANY will deliver, subject to availability, products at our established price, which is determined at the time of delivery. Deliveries will be made to the CUSTOMER at the address shown in this agreement, on an automatic delivery basis, unless otherwise noted in this agreement, according to the Weather Controlled Degree Day System. A meter printed delivery ticket will be left or mailed to the CUSTOMER each time a delivery is made. CUSTOMER agrees to accept each delivery and to pay the full amount shown on each delivery ticket within 15 days.
2. MONTHLY STATEMENT: If the CUSTOMER has a balance in account, the COMPANY will send the CUSTOMER a monthly statement. It will show separately the CUSTOMER’S purchases, the FINANCE CHARGE, and the date a payment was made.
3. FINANCE CHARGES: Unless the CUSTOMER paid the previous balance shown on the CUSTOMER’S monthly statement in full by its payment due date, a FINANCE CHARGE will be added to the CUSTOMER account and these FINANCES CHARGES will be computed in the following way:
4. DEFAULT AND COLLECTION COSTS: The CUSTOMER will be in default if the CUSTOMER does not pay a balance or budget payment on time. Default means the COMPANY can demand immediate payment of the full balance. If the COMPANY refers the collection of the balance to a lawyer, the CUSTOMER will pay attorney fees plus court costs associated with collections of the total balance.
5. VENUE: This agreement shall be construed and interpreted in accordance with the laws of the State of Maryland. Should the COMPANY be required to commence legal proceedings to enforce any term of this Agreement, the parties do herby expressly agree to the proper venue for such proceedings shall be in court of appropriate jurisdiction in Calvert County, Maryland.
6. AMENDMENT OR CHANGES: The COMPANY can change this agreement, including FINANCE CHARGE and the ANNUAL PERCENTAGE RATE, at any time, to take effect at the start of the next billing period in which the change(s) become effective.
7. The COMPANY will provide free of charge, any repair or service of the equipment COMPANY has leased/loaned to the CUSTOMER and found to be faulty or unsafe due to ordinary wear and tear. CUSTOMER will pay for repair or service caused by the CUSTOMER’S lack of care or protection.
8. The CUSTOMER agrees to pay for any license permits or inspection fees, taxes or other charges which are imposed by a government authority in connection with this contract.
9. This agreement will continue for 7 years from the date in which it is signed, after 7 years it shall continue as year to year except that it may be terminated as follows:
10. Except as required by the Federal Truth in Lending Act or other applicable law, COMPANY may shut off the CUSTOMER’S supply of LP gas or refuse to deliver LP gas or other petroleum products to the CUSTOMER without terminating this agreement or the CUSTOMER’S obligations under this agreement (including the CUSTOMER’S obligation to pay for the minimum usage requirements) for any of the following reasons:
11. Delay on the part of either the CUSTOMER or COMPANY in exercising our rights under this agreement will not prevent the CUSTOMER or COMPANY from exercising those rights, later and if either the CUSTOMER or COMPANY breaches this agreement, it shall not be taken as a waiver of any further breach.
12. COMPANY will not be held liable under any circumstances for any loss which the CUSTOMER incurs, as a result, of running out of LP Gas or other petroleum products. COMPANY will not be liable for any injuries to people, damaged property, loss of LP Gas or other petroleum products which is due to the transportation, storage, or use of LP Gas or other petroleum products, or the use, operation, maintenance, repair or removal of any LP Gas or other petroleum products equipment or appliances. The only exception to this will be injuries, damage or loss which are due directly to negligence by COMPANY and/or COMPANY’S employees or authorized representatives.
13. This agreement will be binding on the CUSTOMER and COMPANY, as well as their heirs, legal representatives, and any person(s) to which either the CUSTOMER or COMPANY assigns this agreement. The CUSTOMER agrees that they will not assign this agreement without COMPANY’S written consent.
14. COMPANY may perform their duties and obligations under this agreement either directly through employees or through an authorized representative. The CUSTOMER understands that neither COMPANY and Service Representative nor any other local employee or authorized representative has any authority to make binding promises or changes to this agreement.
15. The CUSTOMER irrevocably grants to COMPANY, its agents, servants and employees, during the term of this agreement, and any extension of continuation therefor, and for a period of 30 days after the termination or for as long as COMPANY’S equipment remains on the CUSTOMER’S premises, whichever is greater, license, authority or permission to enter upon and remain upon the premises and to have free access to and the exclusive rights to use, modify, operate or disable the equipment or containers for any purposes related to the supply of propane, equipment or collection, including but not limited to inventory, inspection, repair, maintenance, posting of notices, collection of amount due hereunder or of equipment , removal, retrieval, turn-offs and stops.
16. The CUSTOMER should give COMPANY written notice of any sale, transfer, lease, sub-let, foreclosure, levy, bankruptcy filing, or any other change in the use of the occupancy of the premises upon which COMPANY’S equipment is located or of any property served pursuant to this agreement. Notice shall be sent by the CUSTOMER to COMPANY by certified or registered mail at least 30 days prior to any such occurrence or within 10 days of the CUSTOMER having received notice thereof, whichever is earlier. Failure to provide such notice to COMPANY shall make the CUSTOMER liable to COMPANY for any damages, including, but not limited to, the value of the equipment as shown in the face hereof (of bailment or lease), lost profits and consequential damages.
17. Upon breach of any term or provision of this agreement including but not limited to the failure to pay as when due, any sum required to be paid to COMPANY. COMPANY shall have the right to enter upon the premises and to disable, stop, empty and remove the equipment.
18. Either party shall be excused from the performance of its obligations here under during such times and to the extent that such performance is prevented or hindered by an act of God, war, civil unrest, insurrection, fire, flood, labor and dispute, shortage of transportation or supplies, governmental action, or order but such performance shall resume and continue upon abatement or removal of such cause.
19. Upon the termination of this agreement, COMPANY has a period of 30 days within which COMPANY shall remove its equipment. Such removal shall be at the CUSTOMER’S risk and expense. The CUSTOMER shall pay to COMPANY a removal charge for removal. COMPANY need not return property to its original condition.
20. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR EQUITY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED, whether or not purposes or specifications are described herein. COMPANY is not responsible for bodily injury, property damage, or a decrease in property value arising out of the disposal, discharge, dispersal, release or escape of any propane substances or derivatives into or upon the location, any surrounding location, the atmosphere or any water course or body of water.
21. Indemnity: CUSTOMER agrees to indemnify and hold COMPANY harmless from any and all claims for injury or property damage directly or indirectly arising from filling the Tank and adjoining systems. CUSTOMER assume all risks associated with the delivery of propane. COMPANY shall not be responsible for any damage(s) done by its trucks to your driveway, yard or any personal property.
22. COMPANY retains title to the COMPANY’S equipment and may at any time, so long as there is not unreasonable interruption to the CUSTOMER, enter the CUSTOMER premises to inspect, repair, replace or remove the equipment.
23. CUSTOMER acknowledges and understands that COMPANY will not provide credit for any unused product left in the COMPANY’S equipment.
24. CUSTOMER understands that COMPANY is not responsible for underground lines/service utilities and any damage(s) or outage(s) that may occur as result of any delivery or work completed at the CUSTOMER’S premises.
25. The terms, covenants and conditions herein shall be binding upon and inure to the successors and assigns of the parties hereto.
