Terms and Conditions

                                                             Terms and Conditions

Term hereof shall end on date of installation each year.  Unless otherwise noted herein, AGREEMENT will automatically renew.  Either party may terminate by giving the other party 10 days written notice of intent, by e-mail, registered or certified mail with postage prepaid, and shall be deemed given when received. Should termination be prior to end of term, a $75.00 cancellation fee will be imposed. Once any order for parts or service is placed between Customer and Owner, a minimum termination charge as stipulated above (or 50% of the part(s) cost whichever is greater will apply for cancellation and restocking). Customer further agrees that he/she will not move, loan, lease, sublease, rent or dispose of the loaned equipment in any manner what-so-ever without prior written approval from Owner; and that he/she will notify Owner within 10 days of any sale or change of title to the premises upon which the gas equipment is installed.  Should Customer fail to do this, or the equipment become un-retrievable at any time and/or for any reason, Customer hereby agrees to be responsible for normal annual lease until equipment is retrieved, or if lost or unrecoverable, for the full value of said equipment as charged in the initial setup fee. A $75.00 removal fee will be imposed for pick-up and retrieval of leased equipment. Customer shall during the initial loan period and/or all subsequent loan periods keep and maintain gas equipment in good condition and repair, and shall be responsible for any loss, casualty, damage or destruction to said gas equipment notwithstanding how caused.  In addition, Customer agrees to subscribe to the High Risk or Inactive Account program where applicable. At end of initial loan period and/or any subsequent loan periods, Customer agrees to promptly return said gas equipment in good condition, reasonable wear and tear excepted. Should Customer request service and not be available at the appointed time, a $65.00 return trip charge shall apply. A pressure test and safety check is required for any out of gas customers. Customer further contracts and agrees that only Owner can refill, exchange or otherwise provide propane for the cylinder(s) loaned.  Violation of this clause is considered grounds for immediate cancellation of this AGREEMENT and Owner may take into its possession the above gas equipment herein loaned without obligation for cost or loss incurred by Customer. Owner further agrees that in the event of any defects in materials or workmanship of the gas equipment herein loaned, that it will repair or replace (at its discretion), defective parts of said equipment, such replacement made without charge to Customer.  However, it is fully understood by and between both parties that Owner is not responsible for loss of gas due to leaks, or for any damage or injuries arising out of the use of said gas equipment, and that Customer will be held responsible for any damage to equipment not caused by ordinary use. In the event of any default on the part of Customer in the terms and conditions herein provided, or if Customer shall remove or attempt to remove said gas equipment from the location where installed by Owner, or tamper with, or in any way service or repair equipment placed, or if Customer fails to pay for gas refills within 10 days from date delivered, than this loan AGREEMENT shall immediately cease and terminate. Upon termination of this loan AGREEMENT for any cause, Owner, its agents and employees, may immediately take said gas equipment into possession, and an early termination fee will apply as stated above. Customer hereby agrees that Owner, its agents and employees, may without process of law, and for that purpose may enter any of his/her premises and remove the same therefrom, and Customer hereby waives any trespass or right of action for damages by reason of said entry and removal; and that Owner’s right and license to enter said premises and remove said property therefrom is an irrevocable license and a part of the consideration for the loaning of said gas equipment. Customer further agrees to pay any governmental impact fees, pick up and removal fees, cancellation fees, reclamation and restock fees, and general service fees that Owner may impose. Customer hereby agrees that any and all refunds for unused or unnecessary propane or gas equipment will be at the discretion of Owner; and further that all such decisions are final. Customer hereby gives Owner authorization to debit customer credit/debit card, or debit customer bank checking account for payment at end of term for renewal or when services are rendered or/and payments are due. A late payment fee of $5.00 will be levied for any late lease payments received. Owner, its agents and employees shall not be responsible for failure to supply Propane or for any delay, loss or damage, or any failure to perform this AGREEMENT due to any of the following force majeure conditions: flood, fire, earthquake, volcanic action, explosion, power blackout, strike, labor dispute, embargo, inability to obtain sufficient or suitable materials, acts or omissions of carriers or transportation facilities, governmental regulation, civil or military authority, terrorist act, war, act of God, or any other cause beyond owners reasonable control, whether or not similar to the foregoing.