Billing Plans

  1. I understand my first payment is due on 1st day of the month following my agreement to the terms and includes an annual administration fee of $45.00. Each subsequent monthly payment is due when billed each month thereafter.
  2. I understand that these TemperatureProof Bill Terms and Conditions (“Agreement”) are supplemental to my Customer Agreement (also known as “Application for Propane Service,” or “Propane Gas Service Agreement”) by executing this Agreement I agree to all terms contained herein and in my Customer Agreement, including the charging of a Haz-Mat charge per delivery and a monthly maintenance fee (fees subject to change based on market conditions) if not on TemperatureProof.
  3. If I default on my monthly payments contemplated by agreeing to this program, I agree that any balance due on my account shall become due and payable at once and this TemperatureProof program may be terminated in Company’s sole and absolute discretion. I will additionally be subject to a $125.00 cancellation fee. All past due balances are subject to a 1.5% late fee per month until balance is paid in full.  In addition, I agree to pay reasonable attorney’s fees in the amount of 15% or $150.00 whichever is greater on any amount I owe to Company.
  4. The contract period for this TemperatureProof Agreement begins the 1st day of the month following my agreement and may renew annually thereafter for additional periods of like duration. Monthly payments for TemperatureProof™ coverage will be recomputed annually based on market conditions at time of renewal.
  5. I understand that TemperatureProof™ coverage is a form of protection against fluctuating gas prices and severe temperature variations. In the event I use more than the annual gallons during any contract period, I will be charged a discounted prevailing market rate for those deliveries.  In the event I use less than 90% of the annual gallons during any contract period, the unused annual gallons up to 90% will be included in my subsequent annual renewal gallons at no cost.   I understand this provision 5 is only applicable while I am a TemperatureProof customer. Unused gallons only carry forward to renewal contract periods and are forfeited upon cancellation of the plan.
  6. Company will notify me if the terms of this Agreement change for the new contract period or if the monthly payment is adjusted.  The notice will be in the form of a revised bill.  Payment of the revised bill will constitute acceptance of the new terms and monthly amount.
  7. If I do not wish to renew this program, I will advise Company in writing on or before the end of program year.  Cancellation of TemperatureProof™ coverage prior to expiration of the contract period will result in an additional cancellation fee as mentioned in paragraph 3.  
  8. Customer accepts the risks inherent in the storage, installation, use, delivery and refueling of Equipment and Product 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.