- Equipment. Upon credit approval of applicant, and Co-applicant, if jointly occupied (hereinafter referred to as “Customer”), Sea Gas will lease to and provide Customer with a propane storage tank or cylinder and related equipment. Customer agrees to pay the Minimum Usage Fee established by Sea Gas, where applicable. Sea Gas reserves the right to substitute a tank or cylinder and equipment of different size or capacity if Customers usage changes or to remove tank or cylinder and related equipment during periods of non-usage.
- Propane Supply. Customer agrees that only propane sold by Sea Gas will be used with the Sea Gas owned tank or cylinder and related equipment.
- Minimum Purchase Agreement. Customer agrees to a 100-gallon annual minimum purchase. If Customer does not buy the annual amount of propane, Sea Gas reserves the right to bill Customer a Minimum Usage Fee.
- Annual Tank Rental. Customer agrees to pay an annual tank rental. Annual tank rental only applies if Customer fails to purchase minimum amount of propane as outlined in paragraph 3 above.
- Payment Terms. Customer agrees to pay all fees, rates and charges required by this agreement within 10 days after the invoice date or on the due date shown, whichever is later, to the location designated by Sea Gas. Payment not received within 30 days after the delivery or service are subject to finance charges of 1.5% (18% Annual Percentage Rate)
- Partial Payments. Acceptance by Sea Gas Corporation of any partial payment shall not be an agreement to accept less than the full balance due and Sea Gas Corporation may credit such payment and proceed to collect the outstanding balance.
- Guaranty of Payment and Performance. The Guarantor hereby guaranties to Sea Gas Corporation, the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance of all liabilities, agreements and other obligations of the Purchaser of Sea Gas Corporation, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (the “Obligations). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance by the Purchaser of the Obligations and not of their collectibility only and is in no way conditioned upon any requirement the Sea Gas Corporation first attempt to collect any of the Obligations from the Purchaser or any other party primarily or secondarily liable with respect thereto or resort to any security or other means of obtaining their payment. Should the Purchaser default in the payment or performance of any of the Obligations, the obligations of the Guarantor hereunder shall become immediately due and payable to Sea Gas Corporation, without demand or notice of any nature, all of which are expressly waved by the Guarantor, Payments by the Guarantor hereunder may be required by Sea Gas Corporation on any number of occasions.
- Default 0f this Agreement. In the event of any default or breach of this Agreement or should Purchaser or any Guarantor be named in any Bankruptcy or other insolvency proceeding or should Sea Gas Corporation for any other reason have cause to incur expenses in the protection of its interests in collecting, the indebtedness owed to it by Purchaser, perfecting and prosecuting lien rights, or otherwise, including collection expense, court costs, attorney’s fees or other charges of any type, Purchaser agrees to pay all such expenses and agrees that said charges may be added to the account balance and shall earn interest as herein provided.
- Price & Fees. The price and charges for propane and services will vary periodically based on market conditions and other factors. There may be a special off-route/ same day delivery fee applicable, as well as a transfer fee and or removal fee. Other fees and charges may apply. A complete schedule of charges is available for Customer’s review at the offices of Sea Gas.
- Licenses, Permits And Taxes. Customer agrees to pay all taxes and all license, permit, inspection and re-qualification fees and expenses associated with the sale or use of the propane tank, or cylinder and related equipment covered by this agreement, whether or not billed by Sea Gas.
- Title to Equipment. The tank or cylinder and related equipment provided to customer by Sea Gas will at all times remain the property of Sea Gas and will not become a fixture or a part of Customer’s real property.
- Access to Equipment. Sea Gas may without prior notice enter Customer’s property to deliver propane or to install, repair, service or remove the tank or cylinder or any related equipment provided to Customer by Sea Gas or to perform any other services that it deems necessary under this agreement. Customer agrees to provide Sea Gas with safe, free and unimpeded access to the tank or cylinder and related equipment, free of ice, snow, water, mud and any other debris. Customer agrees to promptly surrender to Sea Gas the tank or cylinder and related equipment when this agreement is terminated for any reason. Paragraph 8 shall survive termination of Customer’s relationship with Sea Gas.
- Indemnification Damages. Customer releases, indemnifies, defends and holds Sea Gas, it's offices, directors, employees, authorized representatives, successors and assigns harmless from any and all demands, claims, liability, expenses and damages (“Claims”) resulting from or caused by action or inaction which affects the proper function of the equipment, unauthorized contact, use or servicing of the equipment. Sea Gas will not be responsible for any damages, claims, liability, losses or expenses resulting from the exhaustion of Customer’s propane supply. Customer agrees to provide said indemnification and defense within ten (10) days of Sea Gas’ written notice to Customer of such Claim. This provision will survive termination or cancellation of this agreement.
- Force Majeure. If Sea Gas is prevented or delayed in the performance of any obligation under this agreement by reason of government restriction, acts of God, strikes or other labor differences, curtailments or shortages of labor, supplies, Sea Gas’s ability to obtain propane or equipment from it’s customary suppliers, terminal, refinery or pipeline, or any other cause beyond the reasonable control of the performance of such obligation shall be suspended during the continuance of the event or condition of Force Majeure to the extent of the inability of the affected party to perform it's obligation. Sea Gas may allocate propane and equipment among it's customers in any manner that Sea Gas in it's sole judgment deems reasonable.
- Delivery and Service Suspension. Delivery and Service may be suspended if payment in full is not made within 30 days after delivery or service.
- Account Termination and Collection. An account may be referred to a collection agency and an account may be terminated and all Sea Gas equipment removed if payment in full is not received within 60 days after a delivery or service provided. Customer will be responsible for paying past due balance, collection fees and attorney’s fees, as well as a service charge to remove the equipment. If customer chooses to terminate agreement with Sea Gas, any balance on Customer’s account will become immediately due and payable. Equipment removal fees and or termination fees may also apply.
- Changes to the Agreement. Sea Gas reserves the right to change the applicable terms and conditions (other than fees, rates and charges which may be changed without prior notice) at any time by giving the customer 30 days prior written notice of the change. The notice of change may be in the form of a bill insert or other written notice. By accepting delivery of propane or by paying any fees, rates or charges after Customer has been given notice of changes, customer will be deemed to have agreed to the changes. This agreement may not be modified orally.
- Assignment. This agreement constitutes the entire understanding between Customer and Sea Gas regarding the provision of propane and related services to Customer. Sea Gas may assign this agreement to its successors or affiliates at any time without written notice. This agreement is not assignable by Customer without the written consent of Sea Gas.
- Binding Agreement. This agreement is a Massachusetts contract and shall be interpreted under the Laws of said Commonwealth and shall be effective immediately. This agreement is binding upon the undersigned, his administrators, executors, heirs and assigns.
