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Propane Supply
Customer will not, nor will it allow another company, to fill, service, move, pump out, repair, adjust, connect, disconnect, or remove the leased equipment without written permission from MS Propane.
MS Propane is not responsible for loss of heat or any resulting damages arising from a freeze-up in a dwelling or home. It is the customer’s responsibility to protect their home against damage arising from a drop in heat. The consumer should arrange for daily temperature monitoring if he/she plans to be away from the premises for any length of time.
MS Propane has the right to postpone a delivery if the tank level is above 30%.
Out of Gas
Customer is responsible for out of gas charges. MS Propane will not be liable for any damages having to do with out of gas calls.
Customer agrees to keep leased tank levels above 10% capacity to avoid demand delivery, emergency fees and leak check charges.
Will call customers may take a minimum of 48 hours delivery time for out of gas situations.
Billing
MS Propane will charge for the lease on the equipment at a yearly rate. Lease is for a one year term and there are no partial year leases.
Any specials or sales apply to the current year lease only.
We reserve the right to adjust the annual lease agreement amount each year with prior notice.
Payment of the lease is construed as acceptance of renewal of the lease for the upcoming term.
Payment Terms
The customer agrees that payment is due at the time of service or delivery.
Customer agrees to be responsible for unpaid account balance plus costs of collection including collection fees, court costs and reasonable attorney fees.
MS Propane reserves the right to lock off any tank and/or pick up leased equipment for nonpayment or nonadherence to these terms and condition. Gas recovered will be credited to the account less any late charges, pumping fees and other recovery fees.
Equipment Sizing
The customer is required to purchase 75% of the gallon size of the tank annually to avoid minimum usage charges or cancellation of services on any leased tank, excluding whole house generator package. We reserve the right to remove or adjust the tank size to our usage requirements at any point in time on a leased tank.
Moving
Customer will contact our company 30 days in advance of moving from the current property and alert future owner and all real estate agents. Any lack of notification resulting in a dispute will result in the customer on lease being billed for the equipment replacement value.
Any credit on the account at the point of moving will be delivered and it is the responsibility of the
Damage to property
Customer is liable for any damages while in their possession that is beyond normal wear and tear.
Equipment lost, damaged or not returned at the end of the agreement will be billed to the customer at the market value of a replacement.
All tanks are installed with a data plate. Any returned to MS Propane with damage to, or removal of, the data plate will be deemed destroyed and unsuitable as a propane vessel. The customer will be billed for a replacement tank at the current value.
Any monitor removed, lost or tampered with, will be billed at the current price of a replacement.
Access to equipment
MS Propane may replace or exchange the leased equipment at any time at no charge to the customer.
MS Propane has an irrevocable right of entry and exit to your property, without prior notice, to deliver propane or to install, repair, service, or remove our equipment, or to perform any other services that we deem reasonably necessary to ensure safety.
Customer agrees to provide safe, free and unimpeded access to the tank and related equipment, as well as to provide a route to entry that is sturdy enough to withstand the weight of a filled propane truck. Property should have access free of ice, snow, water, mud and other hazards. Tank should also be cleared of any debris to access equipment.
You will mark or otherwise identify the location of septic systems, leach pits, underground ponds and similar underground features as necessary to allow us to safely install and service our equipment.
You agree that MS Propane has no obligation to contact you to access the leased equipment and may suspend deliveries or service in the event that we are unable to reasonably access the leased equipment.
Safety
Customer will adhere to all safety regulations.
The customer is required to notify us in the event there is any interruption of service, including any disconnection of the propane system or any addition or removal of an appliance so that we may conduct a gas LEAK CHECK to ensure the safety of all parties and equipment.
You will notify MS Propane immediately if any equipment is disconnected, damaged or malfunctions, or if you experience any problems with the system.
Customer will NEVER place a lock or deny access to the working mechanisms of the leased tank at any time.
The propane line running from the tank to the customer’s premises become the property of the customer upon installation and the customer may be billed for any necessary repairs or work needed on that line after installation.
We will not warranty any loss of gas if a fill mechanism is on your propane tank.
The customer also agrees to read all safety docum
ents and the Out of Gas Policy.
Termination
Customer agrees to promptly surrender to MS Propane the Leased Equipment when the relationship with MS Propane is terminated for any reason.
Except for equipment leased from MS Propane, customer is responsible for the maintenance and repair of the entire propane system.
There are no refunds for purchased gas.
Any credit on account will be delivered upon cancellation of services.
Title to equipment
The Leased Equipment will at all times remain the property of MS Propane and will not become a fixture or a part of your real property.
If moving, customer will notify MS Propane 30 days in advance. Any real property disputes will result in customer being billed for the equipment replacement value.
It is the responsibility of the customer to alert future homeowner and all real estate agents of the ownership of the lease tank and that new paperwork will be needed.
If we sell a propane tank, we provide a bill of sale for that piece of equipment.
Restoration of property
MS Propane will enter property to provide propane service such as delivery of gas, installation, service, maintenance, and removal of propane tanks and lines and customer acknowledges it is reasonable and expected that damage to property and ground may occur during the provision of services. Customer holds MS Propane harmless unless the damage was the result of gross negligence.
If any of the above requirements are not met or access is] denied to the equipment, the equipment will be removed or a bill for the equipment replacement value will be applied.
Refunds will be made only after all charges, deliveries, and fees are applied.
Customer agrees jurisdiction and venue for any litigation between the parties regarding the terms of this agreement, shall be exclusively in Greene County Circuit Court located in Springfield, Missouri. Both parties agree to waive their right to a jury trial.
Rev: 08/01/2023