Terms and Conditions for Residential Customers
LP Gas Equipment and Supply Agreement
System and Equipment: West will furnish and lease to Lessee the following: a Liquefied Petroleum Gas System consisting of a Bulk Tank(s) and/or filler/MultiValved Cylinder(s), including the pressure regulating equipment and/or other equipment as designated below (hereinafter in total “System and Equipment”) suitable for use with Liquefied Petroleum Gas (“LPG”).
Installation: West agrees to install the System and Equipment at the Premises at a location approved by West. Lessee agrees to pay West for said installation. Lessee agrees to pay a non-refundable installation fee and a security deposit which are due and payable at the time of installation. Upon termination of this Agreement, Lessee shall be solely responsible to pay all costs associated with removing System and Equipment, including any pump out charge for removal of LPG.
Term: The initial term of this Agreement shall be specified on signing. This Agreement shall automatically renew itself year after year upon the same terms and conditions; unless West or Lessee gives the other parties thirty (30) days written notice prior to the expiration date or an anniversary thereof of its intent to terminate this Agreement.
Lease/Maintenance Fees: Lessee shall pay an annual lease/maintenance fee for the System and Equipment, plus all applicable taxes. Said fees shall be billed semi-annually to be paid in advance to (West) and for the duration of this Agreement and any renewal period(s) thereof.
Purchase of Liquefied Petroleum Gas (LPG): During the term of this Agreement, including renewals, Lessee agrees to purchase and use only LPG supplied by West in connection with use of System and Equipment, West, or its authorized agent, is authorized to deliver LPG into the System and Equipment to the extent of its unfilled capacity, at any time. Lessee agrees to pay for all LPG delivered into the System and Equipment by West, or its authorized agent, at time of delivery or, if credit has been granted, upon agreed upon credit terms.
Delivery Price: Lessee agrees to pay the price charged by West under its existing schedule of prices applicable to the Lessee’s account. West reserves the right to change its price to pass on its normal charges in its cost of doing business. Lessee agrees to pay all taxes applicable by law for sales and deliveries under this Agreement. West reserves the right to refuse to make delivery, if Lessee is not within credit terms or has otherwise violated this Agreement.
Delivery Fees: Lessee may be charged a reasonable for any LPG delivery made outside of normal business hours or outside of normally scheduled deliveries to Lessee’s geographic area.
Facilities and Requirements: Lessee shall provide at Lessee’s expense the facilities and requirements needed to install and use System and Equipment.
Use: Lessee agrees not to use said System and Equipment in violation of any industry, local, state, or federal statue or regulation and to return-the-System and Equipment in the same condition as received, normal wear and tear excepted. See remaining terms on reverse side.
LANDOWNER’S CONSENT: The undersigned owner of the Installation Address (“Premises”) described above, having read this Agreement (front and back) in its entirety, hereby consents to the Installation of the System and Equipment described above, to the terms and conditions contained herein, and agrees that West, or its authorized agent and West, or its authorized agent may enter upon said Premises and remove the System and Equipment, in whole or in part, and that this Agreement is expressly superior to any contractual or statutory landlord’s lien in favor of the undersigned.
Ownership and Title: Lessee represents and warrants that it has absolute and fee simple title to the property identified herein as the Premises, that it has full power and lawful authority to grant to West the rights herein set forth and to enter into this Agreement; that is shall be lawful and permissive for West and West shall have the right to enter upon said property for the purposes and reasons set forth herein; that said System and Equipment shall be used only for the purpose intended and designed. If Lessee does not own the Premises, Lessee agrees to obtain written approval of the Landowner to this Agreement by having Landowner execute this Agreement below. Under no circumstances shall said System and Equipment become a fixture, but shall be and always remain the personal property of West and freely severable by West. Said System and Equipment in whole or in part, shall not be removed from the above address without the prior written consent of West and then only under the terms and conditions hereinafter set forth and that Lessee will, and its heirs, successors and assigns shall, indemnify and hold West harmless from any and all damages should all or any part of the Lessee’s representations and warranties not be true.
Fees and Taxes: Lessee shall provide and pay all license, permit, or inspection fees or taxes imposed upon or with respect to the sale, installation, storage, exchange or use of the System and Equipment hereunder. When applicable Lessee shall provide a Sales Tax Exemption Certificate to West.
Repairs and Adjustments: West agrees to cause the System and Equipment to be repaired or properly adjusted, as required, during the term of this Agreement and any renewals hereof. West reserves the right to charge Lessee a reasonable amount for such repairs or adjustments. Lessee agrees to take proper care of the System and Equipment. Lessee agrees to make no adjustments, connection, disconnection, or alterations to the system and Equipment, or any of its parts or components. Lessee also agrees not to permit anyone except West, or West’s authorized agent, to make any adjustments, connections, disconnections or alterations to the System and Equipment. Lessee is also notified that L.P.GAS is a volatile fuel and can be a dangerous product if not handled and maintained properly.
Access to System and Equipment: Lessee/Landowner agrees to permit West or its authorized agent access to the System and Equipment at all reasonable times for purposes of inspection, service, removal at the termination of this Agreement, or at any other time removal of the System and Equipment is permitted by this Agreement, and/or to exchange the System and Equipment, replacing it with another or more appropriate size.
Removal of System and Equipment: West shall have the right to peacefully enter upon Premises without legal process to remove the System and Equipment from the Premises. (a) in their discretion at any time subsequent to a disconnection of service to such Premises, (b) if the Lessee discontinues exclusive use of LPG marketed by West, (c) at any time the Lessee’s gas usage does not warrant existing storage capacity, as determined in the sole discretion of West, or (d) at any other time removal is permitted by this Agreement. Lessee/Landlord hereby waives all claims or rights of action for trespass, damage or loss and releases West and their successors and assigns, from all claims or rights of action for trespass, damage or loss occasioned by such peaceful entry and removal. If resort to legal process is made necessary in order to accomplish such removal. Lessee hereby agrees to pay West all costs, fees (including attorney’s fees) and other expenses incurred by West in connection therewith.
Loss, Damage or Destruction: Lessee hereby assumes the entire risk of loss, damage or destruction of said System and Equipment from any and every cause whatsoever during the term of this Agreement and thereafter until returned to West. In the event of loss, damage or destruction of System and Equipment, in whole or in part, Lessee at his or her expense (except to the extent of any proceeds of insurance provided by Lessee which shall have been received by West as a result of such loss damage or destruction), and at West’s option, shall: (a) repair such System and Equipment, returning it to it’s previous condition unless damaged beyond repair, (b) replace such System and Equipment with like System and Equipment acceptable to West, in good condition and of equivalent value, which shall become property of West and included within the terms of said “System and Equipment,” as used herein, and leased from West herewith for the balance of the term of this Agreement, or (c) pay to West the replacement value, as of the date of the loss, damage or destruction of System and Equipment. During the period of any loss, damage or destruction, the lease/maintenance fees in Paragraph four shall not abate.
Hold Harmless: Lessee covenants and agrees to indemnify, save harmless and defend West against any and all claims for loss, damage or injury and from and against any suits, actions or legal proceedings of any kind brought against West for or on account of any person or person, entity or entities, corporation or corporations, or on account of any injuries or damages received or sustained by any person or person in any manner, directly or indirectly, cause by, incident to, or growing out of the use or operation of the System and Equipment, in whole or in part. Lessee further covenants and agrees to hold West harmless from any loss, damage, theft or destruction of the System and Equipment, in whole or in part. This provision shall survive the termination or expiration of this Agreement or any renewal hereof.
Limitation of Warranties: West acknowledges that the System and Equipment is of a size, design, and capacity selected by Lessee. West is not a manufacturer of the System and Equipment and has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, merchantability, or fitness for a particular purpose of said System and Equipment in any respect or in connection with any use or purpose by Lessee. West, will however, take any steps reasonably within its power to make available to the Lessee any manufacturer’s or similar warranty applicable to the System and Equipment. West shall not be liable to Lessee for any liability, loss or damage caused or alleged to be caused directly or indirectly by the System or Equipment, by an inadequacy thereof or defect therein, or any other causes beyond its control.
Force Majeure: It is agreed that West will supply Lessee with all of its LPG requirements but West shall not be liable to Lessee or other parties for failure to do so if such failure is caused by floods, fires, war, labor disturbances, act of God, embargo, power blackout, inability to obtain sufficient or suitable product or material, or governmental regulation, or any other causes beyond its control.
Delinquency/Disconnection: West will assess late fees on amounts past due at a maximum of 18% per annum of 1-1/2% per month with a minimum of $.50 or as otherwise legislated by state and local governments, if lower. If a valid bill remains unpaid thirty (30) days after billing or delivery, West may cause this Agreement to terminate due to delinquency. Lessee will be notified of such termination in accordance with local laws.
Default: Lessee shall be in default upon the occurrence of any of the following: (a) failure to maintain account on a current basis, (b) failure to perform any of the agreements or provisions contained herein (c) any representation or warranty by Lessee proves to be false in any material respect (d) if, in the opinion of West, the financial condition of Lessee becomes impaired (e) the Lessee abuses, neglects or mistreats the System and Equipment, in whole or in part, or (f) whenever West feels that their interest hereunder are in jeopardy. In the event of a default, West shall have the right to take possession of the System and Equipment and for this purpose West may enter upon any premises upon which the System and Equipment may be located and remove said System and Equipment and for this purpose West may enter upon any premises upon which the System and Equipment may be located and remove said System and Equipment.
Attorney Fees: It is mutually understood and agreed that in the event any party hereto institutes proceedings in any court for the enforcement of this Agreement or any rights granted hereunder, the prevailing party in such action, in addition to any other relief granted by said court, shall be entitled to reimbursement for costs, including reasonable attorney’s fees to be determined by said court.
Invalidation of Portion: Should any section or clause of this Agreement be held invalid by a court of competent jurisdiction, it is agreed that the balance of this Agreement shall, notwithstanding, continue in full legal force and effect.
Non-Assignability: This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors, legal representatives and assigns, except that Lessee shall not assign this Agreement without the prior written consent of an officer or West.
Modifications: It is understood and agreed that West may perform their respective duties and obligations hereunder either directly through their own employees or through a local authorized representative. No local employee or authorized representative of West has any authority to make or promise any modification of this Agreement. This Agreement may be amended only by a written instrument executed by Lessee and by an officer of West.
Captions: The captions used as paragraph headings are for the purpose of convenience only and are incomplete indices, and are not to be considered a part of this Agreement or used in determining the intent or content hereof.
Fuel Recovery Fee
This fee, which is assessed for propane deliveries and service calls, helps to offset the significant expenses incurred by the Company in fueling its fleet of commercial motor vehicles. This fee may change as the Company’s cost of fuel fluctuates. The fee as of the date of this Notice is $5.00 per delivery. For updated fuel recovery fee information, please contact your local Company office.