Terms & Conditions
Propane Supply and Equipment Terms and Conditions
This statement sets forth the terms and conditions under which Proulx Oil & Propane, Inc. (“Proulx”) delivers propane gas (“Propane”) and provides propane storage cylinder(s) and/or tanks(s), and the associated first stage regulators, pigtails and other supply lines (collectively, the “Equipment”) to you (the “Customer”) at the delivery address (the “Location”) identified in Customer’s account records maintained by Proulx. These terms and conditions are not subject to change by Customer. When used herein, (a) the terms “Agreement” and “Terms and Conditions” mean these terms and conditions, and (b) the terms (i) “delivery” or “deliveries” means delivery of Propane by Proulx to the Location and (ii) “service” means use of the Equipment to supply Propane to any system, appliance or equipment which uses Propane at the Location. Customer’s request for or acceptance of deliveries of Propane from Proulx, or Customer’s use of the Equipment provided by Proulx, shall constitute acceptance of and agreement to this Agreement. This Agreement is a legally binding contract. Please read this Agreement carefully and retain a copy for your records. The terms & conditions of this agreement are as follows:
1. Proulx will or has provided the LP Gas to the Customer(s) on a sale basis, the price being that established by Proulx and prevailing on the date of sale.
2. Conditioned on payment of all installation charges by the Customer(s), Proulx will or has located the Equipment for use by the Customer(s) for the storage, regulating and/or metering and supply of LP Gas at the Location.
The Equipment shall not be
(1) removed from the Location, except by Proulx.
(2) used for any other purpose other than to receive delivery, store and utilize the supply of LP Gas by Proulx.
(3) adjusted, altered, or changed by or with paint, connections, disconnections, or in any other way, except by Proulx. The LP Gas and Equipment shall at all times constitute and remain the sole property of Proulx, separate and apart from the realty at the location.
3. Customer agrees that they are subject to fees associated with tank retrieval costs should the customer or Proulx cancel service for any reason. Further, requests for Proulx personnel to conduct tank level readings are also subject to those same service fees.
4. Proulx will be afforded free and clear access over and at the Location in delivering LP Gas and the Equipment, in servicing the Equipment, and for purposes of their reasonable inspection, maintenance, repair, and removal.
5. Safety Warnings: The Consumer verifies that they have been advised of the following safety steps required for the use of a Propane System:
• Know how to turn off the gas in case of emergency.
• Have smelled propane and can detect its odor.
• Have received the consumer safety information and material.
• Had gas system deficiencies and/or corrections, if any, clearly explained by a qualified representative of the Company.
6. All sums due Proulx for and on account of the delivery, supply, and removal of LP Gas and the Equipment, and any needed repair or replacement of the Equipment not caused by or attributable to normal wear and tear or aging, shall be paid no later than the due date specified on the applicable invoice. Failure to do so authorizes Proulx to enter upon the Location and to disconnect and remove all or any part of the Equipment and the remaining supply of LP Gas. Proulx will credit the remaining supply of LP Gas against outstanding arrearages due; however, any excess balance remaining after the credit will remain the obligation of the Customer(s).
7. Proulx Oil & Propane may at any time require payment in advance and/or a security deposit, Proulx may at any time apply all or any portion of a deposit to Customer’s account balance. Any deposit remaining after termination of service and satisfaction of Customer’s account balance due Proulx shall be returned.
8. Payment is due fifteen (15) days from delivery date. Invoices are e-mailed the day after your delivery. Deliveries may be withheld on past due accounts. A monthly interest charge of 2% (24% per annum) will be assessed on balances unpaid after 30 days. In consideration of Proulx Oil & Propane extending credit customer personally guarantees payment when due and agrees to pay collection fees and reasonable attorney fees if required to ensure payments for all deliveries.
9. In recognition that the depletion of the supply of LP gas at the Location varies with the usage demands of the Customer(s), and that the Customer’s(s’) usage demands will fluctuate in relation to the Customer’s(s’) fuel requirements, Proulx cannot and does not assume responsibility and is not accountable for the exhaustion of the LP Gas supply at the Location, or the consequences of its exhaustion, direct or indirect.
10. By signing the equipment form, the customer agrees that should their annual propane consumption not meet minimum standards set by Proulx for all customers, that the customer understands and accepts that a tank rental fee may be initiated and will be due to Proulx in a timely manner in order to retain the use of the equipment provided by Proulx.
11. Customer(s) acknowledge they have read and received a copy of the foregoing terms and conditions and agree that they accurately and fully represent the contractual understandings relating to the matters referenced. Acknowledge they have also received the Propane Safety Information booklet.
Heating Oil Supply Terms and Conditions
1. Proulx will or has provided Home Heating Oil or Kerosene to the Customer on a sale basis, the price being that established by Proulx and prevailing on the date of sale.
2. Proulx Oil & Propane accepts no responsibility and will not be held liable for damages that may result from a heating failure, regardless of cause. Frozen oil lines, sludge or heating equipment failures remain your responsibility.
3. Customer is responsible for the servicing, repair, regular maintenance, annual inspection and replacement of the storage tank, furnace or boiler and any other equipment used with Heating Oil at the location. Customer is also responsible for keeping them in a condition which is safe and adequate for the storage and use of Heating Oil. All such work should be performed by qualified service technicians.
4. Proulx Oil & Propane has the right to visually inspect your oil tank before or at the time of 1st delivery. If at any time we feel that the tank is unsafe or unfit to receive a delivery, we will cancel your delivery and issue you a full refund.
5. It is the customer’s responsibility to keep a clear path to the oil fill pipe, oil tank and its associated equipment.
6. In the event of multiple tanks on the property, the customer must notify Proulx Oil & Propane in writing of the additional tank locations and clearly label the tanks to ensure fuel delivery to the correct tank. If the aforementioned actions are not taken, we will not be held responsible for deliveries to the wrong tank. If we are unable to determine the correct delivery tank, we will cancel the delivery.
7. Payment is due fifteen (15) days from delivery date. Invoices are e-mailed the day after your delivery. Deliveries may be withheld on past due accounts. A monthly interest charge of 2% (24% per annum) will be assessed on balances unpaid after 30 days. In consideration of Proulx Oil & Propane extending credit customer personally guarantees payment when due and agrees to pay collection fees and reasonable attorney fees if required to ensure payments for all deliveries.
8. Proulx Oil & Propane may at any time require payment in advance and/or a security deposit, Proulx may at any time apply all or any portion of a deposit to Customer’s account balance. Any deposit remaining after termination of service and satisfaction of Customer’s account balance due Proulx shall be returned.
9. The minimum delivery for oil is 150 gallons. There is a $25 surcharge for 100 gallons.
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