Terms & Conditions
At the request of the customer named on the reverse hereof,(hereafter called Customer), AAA Gas & Appliance Co.(hereafter called Company), agrees to sell and to deliver to the customer all of the customer's fuel requirements during the period hereof for all purposes for which the company's fuel is now being used by the customer. If the customer shall at any time request delivery of fuel in less than full container lots, the company shall have the right to assess a surcharge for such delivery.
Terms - Open accounts are due in full 30 days from delivery date. Equal Monthly Payment accounts are due by the 10th of each month consecutively from inception of plan. (for more information, request Equal Pay Plan form from your local office)
A Finance charge is imposed on all accounts 30 days or more past due, computed by a periodic rate of 1.5% applied to any balance that is over 30 days old.
- The Company may install and loan to the Customer during the period of this agreement such LP-gas storage tanks, 1st stage regulators, and other equipment, known as "the equipment". Piping, tubing, 2nd stage regulator, and miscellaneous fittings which shall be furnished in accordance with the Company's current price schedule shall be known as "customer equipment" which the Customer shall require at the time of installation, the type and amount of which shall be determined solely by the Company. "The equipment" shall remain the property of the Company and shall not become fixtures. The Customer shall exercise due care to protect "the equipment" at all times and shall promptly surrender the same to the Company upon termination hereof in good condition except for normal wear and tear. Furthermore, the Customer shall be responsible for any loss or damage, and promptly report any damage of the aforesaid "equipment" to the Company so that said damage may be repaired by the Company at the expense of the Customer.
- The Company may refuse to deliver product in the event that any equipment, in the Company's opinion is not satisfactory for safe and efficient use. The Company shall have access at all times to the installation for the purpose of inspecting, servicing, changing or removing part or all such equipment. The connection or disconnection to equipment shall be made only by the Company's employees or authorized representatives.
- The schedule of rates and minimum usage requirements hereunder shall be the one prevailing at the time of sale for the Customer's type of usage within the price territory established by the Company in which the installation is located. A copy of the current price schedule is on file at the Company's office and is available upon request. The Company may revise the schedule at any time without notice and to bill the Customer accordingly. The Customer may terminate this agreement by written notice within 15 days after receiving the first bill reflecting such revision. If the Customer shall not so terminate within such time, the Customer shall be deemed to have assent to the Company action.
- Either party may terminate this agreement at any time by giving the other party 30 days prior written notice.
- The Company may terminate this agreement immediately and without notice in any of the following events:
- If any fuel other than that sold by company is used in the Company's equipment.
- If Customer fails to pay any monies due Company.
- If the equipment becomes damaged in any manner.
- If the premises upon which the equipment is located becomes subject to foreclosure proceedings upon any mortgage or lien or upon the sales transfer or conveyance of the premises or if the Customer shall move from the premises or leave it unoccupied for an extended period.
- Upon any termination, the Company may without notice or demand, and without legal process enter any premises where the Company's equipment is located and take possession of it and any product contained therein. Company shall credit Customer's account for prior purchased product at the charged price at time of delivery.
- That said Customer shall indemnify and save harmless Company, Officers, employees and its successors and assigns of and from any and all liability from any and all claims for loss, damage, or injury to the property or person whatsoever or whomsoever caused or occasioned by the use of said equipment and facilities or by leakage, fire, explosion of any product stored or contained in or drawn through said equipment and facilities, or otherwise, whether due to any imperfection in said equipment and facilities or any part thereof, latent or patent, or any fault in the inspection thereof, for whatever reason. Is understood that Company makes no warranty whatsoever as to the condition or fitness for use of the equipment and facilities covered hereunder and Customer's use is solely on an "AS IS" basis.
- The Company may solely in its discretion and at its option, shut off the Customer's supply of fuel or refuse to make any additional deliveries of fuel, without terminating this agreement or the obligations of the Customer for any of the following reasons:
- Non-payment of any sums owed by the Customer.
- Any other breach by the Customer of the terms and conditions hereof.
- Customer shall pay any license, permit or inspection fees, taxes or other charges imposed by any governmental authority upon or with respect to the transactions provided for herein, whether such fees, taxes or charges are required be paid by the Company or the Customer. In the event that the Company institutes legal proceedings due to nonpayment, Customer hereby agrees that the Company shall be entitled to recover from Customer hereunder attorney's fees in the amount of 15% of the principal due.
- The Company's obligation to perform hereunder is subject to strikes, floods, fires, war, whether declared or not, accidents, delays, embargoes, contingencies of transportation, governmental orders or regulations, compliance with request or recommendations of any governmental authority, inability to obtain sufficient materials, products or supplies, or other causes beyond the Company's control.
- This agreement shall insure to the benefit of and be binding on the parties and their respective successors, heirs, executors, administrators, legal representatives and assigns, except that the agreement may not be assigned by the Customer without written consent of the Company.
- No local employee or authorized representative of the Company has any authority to make or promise any modification of this agreement.
- This agreement shall continue for a period of one year from the date hereof and hereafter from year to tear, subject, however, to the rights of terminations as specified in the paragraph 4 and paragraph 5 above.
- Customer acknowledges receipt of a copy of this agreement and hereby agrees to abide with the terms and conditions referred to herein.