PRE-BUY TERMS
1. Pre-Buy Rate.
Upon exhaustion of Agreement gallons, Customer will be invoiced for further deliveries of propane at Company’s current rate for propane in Customer’s type of equipment. In the event that Customer does not exhaust Agreement gallons, any remaining credit balance on Customer’s account will be utilized to offset future propane purchases. No cash refunds of unused pre-purchase amounts will be made to Customer.
GENERAL TERMS
1. General.
Customer agrees to purchase Customer’s entire requirements of propane from Company to be deposited in Customer’s equipment. The Customer is responsible for providing clear access to the equipment. Company shall not be responsible for any damage to Customer’s driveway, access way, lawn, or landscaping resulting from the services reasonably provided under this Agreement.
2. Leased Equipment.
Equipment leased by the Company to the Customer shall remain the sole property of the Company. Only the Company’s representatives will be allowed to service such equipment. Company shall have the right to come upon the premises of the Customer at a reasonable time to inspect, adjust, install, relocate, replace or remove the Company’s equipment. Customer shall be responsible for the protection of the equipment and any resulting loss or damage, other than normal wear and tear.
3. Customer Owned Equipment.
The safety and suitability of tanks and associated equipment owned by the Customer shall be Customer’s exclusive financial responsibility. The Company assumes the same responsibility for the safety, servicing and suitability of Customer owned equipment as Company owned except for removal of equipment.
4. Termination.
The Company may terminate the Agreement immediately, without notice, in the event of nonpayment or other breaches of this Agreement by the Customer.
5. Indemnity.
The Company provides service on a best effort basis. If, for any reason beyond its control, such as fire, storms, strikes, war, acts of God, government rationing or allocation, it is unable to supply propane or to otherwise perform the obligations called for under this Agreement, such as a failure or delay, this shall not be deemed a breach of this Agreement nor subject the Company to liability for failure to perform. Customer shall hold Company harmless from all claims for injury or damage, including attorney’s fees, arising out of Customer’s possession and use of the equipment and, in no event shall the Company be liable for anticipated or lost profits or for incidental or consequential damages to Customer’s real or personal property.
6. Assignment and Notice.
Customer’s rights or obligations under this Agreement shall not be assignable without Company’s consent.
Any charges not paid by Customer within 30 days shall be subject to a late charge of 1 1⁄2% per month, compounded daily. For non-commercial and non-agriculture accounts, no deliveries will be made unless and until all payments due have been made. This Agreement shall be governed by the laws of the State of Washington and the sole and exclusive venue for any disputes shall be the Kitsap County, Washington, Superior Court. Additional terms are set forth on the reverse side or preceding page which shall be considered part of this Agreement.
