Terms & Conditions
1. Equipment Lease Agreement
(A) General Provisions. Upon request, the Company (“us” or “our” or ”we”) will lease, at no cost to customer, and provide to your various equipment, including a propane storage tank or cylinder, regulator(s). tank monitors and related equipment (the “Leased Equipment”). In the interest of safety, you will not allow anyone to make any adjustments, connections or disconnections to the Leased Equipment or remove or pump-out the tank without our written permission. You agree that only propane sold by the Company will be used with the Leased Equipment.
(B) Propane System Maintenance & Repair. Except for the Leased Equipment. You are responsible for the maintenance and repair of your entire propane system, including compliance with applicable laws and regulations. You are required to notify us in the event that you disconnect the propane system or add or remove appliances so that we may conduct a Leak Check on the Leased Equipment. You will notify the Company immediately if the Leased Equipment is damaged or malfunctions, or if you experience any problems with the Leased Equipment.
(C) Underground Propane Tanks. Palmetto reserves the right to add the cost of underground tank and collections fees to the account should it become 90 days delinquent. I agree to purchase the underground tank if service is terminated with Palmetto. Palmetto has the right to remove the underground tank if I haven’t purchased it within ten (10) days. Palmetto shall not be required to restore the property to its original condition before the underground tank removal. I agree to reimburse Palmetto for any costs incurred in the removal of the underground tank. I also waive all rights, title and interest in the said underground tank that I may not claim by reason of the underground tank being affixed to or stored underground on my property. I agree to notify Palmetto in writing before selling the property at which the tank is located. I agree to pay Palmetto the purchase price as agreed upon in the contract if I fail to notify Palmetto of the sale. I certify that I am the legal owner of this residence.
(D) Access to Equipment. You agree that the Company has an irrevocable right of entry and exit to your property to deliver propane or to install, repair, service, or remove the Leased Equipment or to perform any other services that the Company deems reasonably necessary. You agree to provide the Company with safe, free and unimpeded access to the Leased Equipment, including, but not limited to, access free ice, snow, water, mud, and other hazards. You will mark or otherwise identify the location of septic systems and similar underground features as necessary to allow the Company to safely install the Leased Equipment, perform services, and make deliveries. You agree that the Company has an obligation to contact you to access the Leased Equipment and may suspend deliveries or service in the event the Company is unable to reasonably contact you or access the Leased Equipment. You agree to promptly surrender to the Company the Leased Equipment when your relationship with the Company is terminated for any reason. You also agree that only Company representatives are allowed to service, repair, disconnect, or otherwise touch the Leased Equipment without Company’s written permission.
(E) Title to Equipment. The Leased Equipment will at all times remain the property of the Company and will not become a fixture or a part of your real property unless the Customer purchases the underground propane tanks.
(F) Propane Meters. If you have a Company propane meter installed on the Leased Equipment, you will be billed for your actual propane usage rather than per delivery. The Company reserves the right to bill you based on an estimated usage amount. which will later be followed up by an actual reading, based on which: (i) you will receive a credit to the extent that the estimated amount exceeds the actual propane usage amount or (ii) you will be
2. Safety Information
Safety information will be supplied to you at the time of installation in the form of the brochure “Important Propane Safety Information”. If you do not receive the safety information or would like an additional copy, please contact us toll-free at 1-800-233-1882 or (803) 532-4414 and we will mail or e-mail it to you. We recommend you regularly visit Propane.com/safety to view important safety tips and warnings. If you smell propane or experience any adverse propane conditions or safety-related matters, you should immediately contact our office at 1-800-233-1882 or (803) 532-4414, evacuate the premises and dial 9-1-1 if you are unable to contact Palmetto Propane Fuels & Ice. We also recommend the purchasing a LP gas detector and a Carbon Monoxide detector and have it installed by trained technician.
3. Propane Delivery
The Company offers two types of propane:
Automatic — Under this delivery option, the Company will make periodic deliveries to you on either a fixed cycle basis or based upon a number of forecasting factors, including temperature conditions and your specific usage patterns. To ensure accurate forecasting. we request that you update the Company with any changes in your usage or appliances.
Will Call — Under this delivery option, you must request a propane delivery. The Company recommends you order a delivery when your tank is at approximately 30% to ensure a timely delivery. Most Will Call deliveries will be made within 5 business days after your request. Expedited delivery requests may be assessed a Special Trip Charge.
PURCHASES — We will deliver, subject to availability, petroleum products at our established price. Deliveries will be made automatically, according to a Weather Controlled Degree Day System or on a Will Call basis, according to the agreed upon method of delivery. A meter printed delivery ticket will be left at or mailed to the above address each time a delivery is made. You agree to accept each delivery and to pay the full amount shown on each delivery ticket within the Payment Terms established for your account by our Credit Department. All fuel remains the property of Palmetto Propane, Fuels & Ice, Inc. until paid in full. Palmetto reserves the right to reclaim any fuel not paid in full.
4. Pricing, Fees, Rates and Charges
You agree to pay the Company’s price per gallon, fees. rates, and charges in effect on the date that propane is delivered for Automatic delivery or ordered for Will Call delivery, when services are rendered, or as may be set forth on the delivery ticket.
Price. Unless you have an agreement which determines your price, you will receive the Company’s daily market price per gallon that is set at the Company’s discretion, which includes, among other things and without limitation, our costs to procure the propane, freight and transportation, and may vary depending upon the volume of propane purchased by the customer, customer classification, ownership of propane tank and competitive conditions. You may contact your local office to receive current pricing information as pricing changes frequently and without prior notice to the customer.
Current Fees and Charges. In addition to the price per gallon, the Company will apply other fees and charges to your account depending on the services requested and/or required. The fees and charges provided below are the most frequently assessed, bur other fees and charges may apply depending on the services rendered. Please contact your local office for specific questions regarding fees and charges and for updated amount information. THE FEES LISTED BELOW ARE NOT GOVERNMENT IMPOSED, NOR ARE ANY PORTION OF THEM PAID TO ANY GOVERNMENT AGENCY. THE COMPANY RESERVES THE RIGHT TO CHARGE ITS FEES, RATES, AND CHARGES WTTHOUT PRIOR NOTICE.
Regulatory Compliance Fee -This fee, which is assessed to propane deliveries and service calls, helps to offset a portion of the costs the Company incurs to comply with federal, state and local government regulations. including, but not limited to, hazardous materials, homeland security, emergency preparedness and workplace safety. It is also used to fund, among other things, employee safety training and inspections, cylinder requalification, and environmental compliance.
Leak Check Charge -This charge is applied when the Company must perform a leak check to verify that the propane system does not have any leaks. This test is required by law under certain circumstances, which may include: when a new piping system is installed, if the gas has been turned off for any reason or if there has been an interruption of gas service, or in the event a leak in the system is suspected. The local office can provide specifics on when a Leak Check is required and the current charge.
Reconnect Charge-In the event that your tank is Locked off by the Company due to nonpayment, this fee will be assessed to remove the lock, perform a Leak Check, and put your propane system back into service.
Special Trip Charge -This charge is incurred by customers who request deliveries within twenty-four) hours or non-emergency service after business hours or on weekends. This charge can vary due to the distance involved and/or the time required to service the request and can be obtained from your local office.
Finance Charges. Finance charges are assessed at the transaction level based on day’s outstanding past agreed upon credit terms. Finance charges are assessed at 1.5% per month or an Annual Percentage Rate (APR) of 18%. A SERVICE CHARGE of $35 will be assessed on any check returned by a bank.
5. Payment Terms and Late Fees
.If you have received credit terms from the Company, you will be billed after propane is delivered or services are rendered unless other payment arrangements have been agreed to in advance.Labor, materials, or equipment on this job, not covered by the above order, will be billed at our regular rate.If completion of the entire job cannot be accomplished within a reasonable time period, then each major portion is to be paid for as work is completed.All equipment is to remain the personal property of the seller until payment is completed. If you dispute an invoice or believe your invoice is inaccurate, you must contact your local office within thirty (30) days of receipt. You agree to pay the Company’s price per gallon and all fees, rates, and charges on or before the due date indicated on the invoice. If any payment on the order is not paid by the due date, the amount past due shall be subject to a finance charge of 1.5% per month (APR 18%) with a minimum charge of $0.50 per month.
Warranty. Any implied warranty of merchantability or fitness for a particular purpose is limited to one year from the date of purchase.
Taxes. Sales Tax and Excise Taxes, when applicable, shall be charged to the account of the buyer.
In the event you fail to make a payment on the outstanding amount owed, the Company may, after providing written notice to you, suspend service and/or place a lock on the Leased Equipment. If the Company places a lock the Leased Equipment, all amounts outstanding (including the applicable Reconnect Fee) must be paid in full before service will be restored. The Company reserves the right to require you to pay for propane deliveries or services in advance or to post a cash deposit which may be applied by the Company at any time in whole or in part to the outstanding balance.
6. Licenses, Permits and Taxes
You agree to pay for all licenses, permits, and taxes associated with the sale or use of the propane and Leased Equipment or services covered by these Terms and Conditions
Both Company and Customer agree to indemnify, defend and hold the other harmless from and against any and all claims, liens, demands, suits, damages and liabilities for personal injuries and/or property damage, arising out of or caused by any negligent act or omission on the part of that party, its agents or employees.
8. Limitation of Liablity
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT OR OTHERWlSE. COMPANY IS NOT LIABLE FOR ANY LOSS SUSTAINED BY YOU AS A RESULT OF THE EXHAUSTION OF COMPANY’S SUPPLY OF PROPANE.
We are not responsible for damages or loss caused by failure to make delivery due to labor shortage, strikes, or to conditions beyond our control. In the event of DEFAULT, and we don’t deliver petroleum products as a result of DEFAULT, we will not be liable for any damages in either direct or indirect manner.
9. Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, TANK. CYLINDER, AND/OR RELATED EQUIPMENT OR SERVICE PERFORMED UNDER THESE TERMS AND CONDITIONS OR ANY PRIOR AGREEMENT OR UNDERSTANDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES or MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Termination of Service
Unless otherwise specified, either party may terminate for convenience at the end of the Initial Term upon the provision of thirty (30) days prior written notice to the Company.
For Leased Equipment customers only: The Company may also charge you a Service Dispatch Charge.
Unless required by law, the Company docs not repurchase propane remaining in the tank or provide customer refunds for any unused propane. The Company may however, in its sole discretion, repurchase the propane remaining in the tank in certain circumstances. If the Company determines to repurchase the remaining propane, the repurchase price will be based upon the lower of the price per gallon that you paid or the Company’s current daily market price.
We or you can cancel your account at any time on 30 day’s written notice. You agree to remain responsible for payment for all purchases made before the 30 days expires. We also have the right to cancel your account without notice if you fail to make payment on time. If either party fails to satisfy any of these Terms and Conditions or if the Company determines, in its sole discretion, that a condition exists that poses a health or safety threat.
11. Excused Performance
The Company will not be responsible for any delay or damages caused by events or circumstances beyond its reasonable control. including without limitation, acts of God, fire, storms, floods, labor disputes, wars, hostilities, compliance with laws or regulations. The Company’s inability to obtain propane or equipment from its customary suppliers, terminal, refinery or pipeline disruptions, allocation programs. lack of or inadequate transportation facilities, or terrorism. Under any of these or similar circumstances, the Company may allocate propane and equipment among its customers in any manner that the Company, in its sole judgment, deems reasonable.
12. Terms & Conditions
From time to time, the Company Issues Terms & Conditions. The issuance of the Terms & Conditions will replace the Terms & conditions in This Agreement thirty (30) days after your receipt or upon the effective date listed on the Terms & Conditions, whichever is later. By accepting delivery of propane, or by paying any invoices, fees, rates, or charges, you are deemed to have accepted the Terms & Conditions and the Company will require a form of conformation of the Terms & Conditions and will require your signature. The notice may be in the form of a bill insert, email, or other written notification.
13. CUSTOMERS WITH UNDERGROUND LEASED TANKS
Signee hereby agrees to purchase LP gas from Palmetto in exchange, Palmetto will provide an underground tank. If I decide to discontinue service, I agree to pay Palmetto the agreed purchase price. The ownership of the tank transfers to the customer after forty years of continuous service.
Palmetto reserves the right to add the cost of the underground tank and collection fees to the account should it become 90 days delinquent. I agree to purchase the underground tank if service is terminated with Palmetto.Palmetto has the right to remove the underground tank if I haven’t purchased it within ten (10) days. Palmetto shall not be required to restore the property to its original condition before the underground tank removal. I agree to reimburse Palmetto for any costs incurred in the removal of the underground tank. I also waive all rights, title and interest in the said underground tank that I may not claim by reason of the underground tank being affixed to or stored underground on my property. I agree to notify Palmetto in writing before selling the property at which the underground tank is located. I agree to pay Palmetto the purchase price as agreed upon in this contract if I fail to notify Palmetto of the sale. I certify that I am the legal owner of this residence.
Customer will properly train each of its employees, or any individual who handles propane or uses the Equipment, as to how to safely fill containers, if applicable, and use propane. Customer will not allow anyone to handle propane or use the Equipment unless and until that individual has been properly trained to do so. It is Customer’s responsibility to provide Company with written notice if Customer, or any of its employees or agents, need additional training in order to comply with this provision. If customer fails to comply with any portion of this provision, then Customer agrees it shall be solely responsible for any and all injuries or damages that result, and Customer will indemnify, defend and hold company harmless from all claims, suits, demands and judgments, including those claims brought by Customer’s employees or agents.
15. CLAIMS AND ARBITRATION
(A) Arbitration Agreement. Upon the election of either party, a Dispute shall be resolved by binding arbitration. “Dispute means any claim or controversy arising from or relating to the relationship between you and the Company, including without limitation any and all: (I) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims against the Company or its parents, subsidiaries, affiliates, predecessors, successors or assigns and any of their directors, officers. employees and agents; (3) claims that arose before or after the expiration or termination of this or any prior Agreement and (4) claims that are the subject of a putative class action in which no class has been certified. Dispute shall not, however, include: (I) issues relating to the scope, validity or enforceability of this arbitration agreement; (2) claims filed by you or the Company on an individual basis in small claims court: or (3) claims filed by or on behalf of the Company to collect money you owe the Company.
(B) Right to Reject this Agreement or Changes to this Agreement. Notwithstanding anything in this Agreement to the contrary, you may reject this arbitration agreement or future changes to this arbitration agreement. To do so, you must send the Company written notice by certified mail postmarked no later than thirty (30) days after your first receipt of notice of this arbitration agreement (if rejecting the arbitration agreement) or notice of the change (if rejecting changes to the arbitration agreement) to Palmetto Propane, Fuels, & Ice, Inc. (131 West Church St., Batesburg, SC 29006) Your decision will not adversely affect your relationship with or receipt of goods or services from the Company.
(C) Procedures for Arbitration. This arbitration agreement is governed by the Federal Arbitration Act. Arbitration shall be administered by the American Arbitration Association (”AAA”) pursuant to its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively the ”AAA Rules”) as modified by this arbitration agreement. If your claim is less than $10,000. you may choose whether the arbitration will be decided on the papers or after a telephonic or in-person hearing.
(D) Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. WHETHER IN ARBITRATION OR COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION, UNLESS YOU AND THE COMPANY AGREE OTHERWISE IN WRITING. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION BASIS, AND NEITHER THE ARBITRATOR NOR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR/JUDGE MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT INDIVIDUAL PARTY. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION AGREEMENT.
Any notice by you shall be sent by U.S. mail, postage pre-paid. to the Company at 131 West Church St., Batesburg, SC 29006. Notice to you may be in the form of a bill insert, stand-alone mailing, email or other written notification. Invoices or bills are delivered electronically; the Company will not consider them received by the Customer unless the Company receives acknowledgement of receipt from the Customer.
If we delay in exercising any of our rights. the Company will not be prevented from exercising our rights at a later date. The Company’s waiver of any breach of the Terms & Conditions at any time shall not excuse future breaches by the customer.
Terms: Labor, materials, or equipment on this job, not covered by the above order, will be billed at our regular rate. If completion of the entire job cannot be accomplished within a reasonable time period, then each major portion is to be paid for as work is completed. All equipment is to remain the personal property of the seller until payment is completed. Balance of the installation price is due on completion unless credit terms are arranged. Terms agreed upon are subject to credit approval. If any payment on the order is not paid by the due date, the amount past due shall be subject to a finance charge of 1.5% per month (APR 18%) with a minimum charge of $0.50 per month. Warranty – Any implied warranty of merchantability or fitness for a particular purpose is limited to one year from the date of purchase. Taxes – Sales Tax and Excise Taxes, when applicable, shall be charged to the account of the buyer. Any deviation from the prior stated terms will require prior written approval. Palmetto charges a 25% restocking fee for any orders returned. Any implied warranty of merchantability or fitness for a particular purpose is limited to one year from the date of purchase. Sales tax and exercise tax, when applicable, will be charged to the account of the buyer. Security deposit will be required when credit does not meet the requirements of the company. ****PRICES GOOD FOR 30 DAYS ****
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applications on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the consumer credit protection act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Washington, DC 20014. The invoice information is furnished for the purpose of obtaining goods and/or services, as well as requesting that a applicant(s) be issued a Kardstop card for his or her personal use. By signing below, purchaser warrants this information to be true and accurate, and authorizes PALMETTO to inquire with the credit bureau, other financial references, and purchaser’s employer for the purpose of verifying the above information