Billing Plans

The Addendum is not intended to replace the Customer Agreement, rather, it is supplemental thereto and as such all other terms and conditions of the Customer Agreement shall remain in full force and effect. In the event of termination of this Monthly Rate Plan Addendum the Customer Agreement shall always be the defining document.In the event of a conflict between the provisions of the documents that comprise this Agreement, the provisions of the documents shall take precedence and govern and control the rights, obligations and duties of the parties in the following order of priority:
(1)The Customer Agreement;(2)The Addendum; (3) Any other attachments to the applicable Addendum, if applicable.
Customer accepts the risks inherent in the storage, installation, use, delivery and refueling of Equipment and Propane on the Premises and will indemnify and hold Company and its agents, directors, officers and employees harmless from all damages and injuries (including, without limitation, Company’s attorney’s fees, court costs, and the costs of repair, clean-up, abatement or remediation) arising from or relating to (a) any loss or damage to the Equipment or any component thereof, the death of, injury to or damage to the property (whether real or personal) of any person, in each case, directly or indirectly, arising or resulting from the use, misuse, storage, delivery, refueling, installation, maintenance or lack of maintenance of the Equipment or Product, except to the extent such damage or injury is directly caused by Company’s gross negligence or willful misconduct; (b) Customer’s breach of any provision of this Agreement, including, without limitation, Customer’s failure to maintain appropriate levels of Product at the Premises (including, without limitation, resulting in any water damage or damage to plumbing or other systems at the Premises), (c) the existence, use, manufacture, storage, release or disposal of hazardous materials by Customer or any other person (whether or not on the Premises) on, under or near the Equipment; and/or (d) any return or repossession of the Equipment by Company or its designee, except to the extent directly caused by Company’s gross negligence or willful misconduct.
In no event will either party be liable to the other or any other person for any special, incidental, consequential or punitive damages arising out of this Agreement, whether under a theory of tort, contract, product liability or otherwise, even if advised of the possibility of such damage and even if such damages could have been reasonably foreseen.CUSTOMER ASSUMES THE RISK OF ALL LOSS OR DAMAGE TO THE PREMISES AND THE EQUIPMENT, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.