ADDITIONAL TERMS AND SAFETY INFORMATION
SALE OF PROPANE. Company agrees to sell and deliver to residential customer and residential customer agrees to accept and purchase from Company volumes of propane in accordance with this Agreement and the Terms and Conditions contained herein. Payment terms shall be net 30 days from invoice date, unless otherwise agreed. Company is not obligated to make additional deliveries if Customer has outstanding balance on their account. Customer acknowledges receipt of the Ferrellgas Customer Agreement for Propane Sales and Equipment Rental (“Customer Agreement,” or sometimes referred to by Company as the “Master Agreement for Propane Sales and Equipment Rental”) and agrees to be bound by its terms; this Agreement shall supplement and amend that agreement. This Agreement will automatically terminate upon the termination of the Master Agreement for Propane Sales and Equipment Rental. The per-gallon price reflected on the face of this agreement, or any other price mutually agreed to by the parties, does not include charges and fees applicable to Customer’s account. Customer’s failure to keep their account current constitutes a default under this Agreement and future gas purchases will be at our current daily price, at Company’s sole option. This agreement will remain in effect for the period specified on the front page of this Agreement (the “Initial Term”), and shall automatically renew on the End Date for subsequent one-year terms unless either party provides notice of intent not to renew at least thirty (30) days prior to the end of the Initial Term or any subsequent renewal term.
SERVICE LEVEL. Customer’s current service level will be continued during the Term of this Agreement, during any renewal term and after the termination of this Agreement unless Customer notifies Ferrellgas that Customer wishes to change the service level. If the “Service Level” on the front page of this Agreement indicates “Keep Full,” or Customer is offered and accepts a pricing option applicable only to Customers who elect a “Keep Full” service level, then the Ferrell Platinum Plus price offered to Customer shall be conditioned on Customer electing and/or maintaining Keep Full service during the pricing period or until all contracted gallons have been used, whichever first occurs. If the “Service Level” on the front page of this Agreement indicates “Will Call,” or Customer changes its service level from “Keep Full” to “Will Call” during the Term, Company will not make a delivery until Customer calls and requests one. Regardless of Customer’s Service Level, under no circumstances does Company assume any obligation to make unscheduled deliveries to Customer. In the event Customer requests an unscheduled delivery, Company reserves the right to make the delivery subject to all applicable fees and charges shown on the Current Charges List in the Customer Agreement referenced below.
CUSTOMER AGREEMENT. The terms and provisions of the Customer Agreement for Propane Sales and Equipment Rental (formerly known as the Master Agreement for Propane Sales and Equipment Rental) – including the binding Arbitration provisions therein – are hereby incorporated and apply to this Ferrell Platinum Plus agreement. Please contact your local office if you have any questions or need another copy of the Customer Agreement. You can also view and download the Customer Agreement at www.ferrellgas.com.
CAPPED PLAN. The price of each delivery to Capped Plan Customers shall be determined by our daily price for Capped Plan Customers in effect at time of delivery, not to exceed the price capped shown on the face of this contract.
GROUP AGREEMENTS. If this is a group agreement, primary Customer shall be responsible for all outstanding account balances of primary Customer and all Customers permitted to purchase against this agreement.
CONFIDENTIALITY. Material in this Agreement is confidential. It is intended only for the use of Customer. Any disclosure, unauthorized use, or distribution of this information by Customer is strictly prohibited and will constitute default of this Agreement.
DEFAULT. Customer is in default if he fails to perform or observe any covenant or condition of this Agreement. If the Customer defaults, Company may withhold further shipments until the default is cured; or, at its option, may immediately terminate and cancel the Agreement. If Company terminates this Agreement upon default by Customer or Customer terminates this Agreement without cause, Company is entitled to take possession of its equipment from Customer and to recover from Customer a termination fee of Ninety-Nine Dollars ($99.00), due immediately upon termination.
FORCE MAJEURE. Each party shall be excused for delay or failure in performance by reason of any cause beyond the party’s control, including war, fire, strikes, revolutions, riot, acts of hostility, governmental acts and requests, governmental interference, flood, storm, any act of God, or any other extraordinary cause over which neither party has control, whether or not similar to any of the foregoing, including, but not limited to, pipeline allocations or shortage of product. Upon cessation of the cause or causes for any such failure or delay, performance hereof shall be resumed, but such failure or delay shall not operate to extend the term of this Agreement nor obligate either party to make up deliveries or receipts as the case may be. Company shall not be obligated to purchase propane for delivery and sale hereunder from others in order to replace the quantities of propane so curtailed or cut off by reason of circumstances beyond its control.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns; provided, that a) the rights of the Customer shall not be assignable without the prior written consent of Company and b) Company shall have the right to assign at any time.
SAFETY WARNINGS. The odor of ethyl mercaptan can fade in certain circumstances, which are described in the warning materials Company has provided to Customer. Customer acknowledges receipt of this warning material and understands the important safety information contained in it. Customer agrees to read the warning material and will ensure all other residents, employees, and users on the premises are familiar with its content.
PERSONAL/HOUSEHOLD CONSUMPTION ONLY. Customer agrees that all gallons delivered under this Agreement shall be for personal or household consumption only at the delivery address(es) listed on the account. The gallons may not be sold, assigned or physically transferred for the use or benefit of others.