2022-2023 Platinum Plus Contract Program Terms and Conditions:
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 Customer Agreement. 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.
TERM; ANNUAL PLATINUM PLUS FEE. This agreement will remain in effect for the period specified on the front page of this Agreement (the “Initial Term”) at the pricing identified on the front page of this Agreement. Customer shall be automatically re-enrolled in the Platinum Plus Contract Program for subsequent terms subject to the prevailing price and Terms and Conditions unless either party provides notice to the other party at least thirty (30) days prior to the next auto enrollment period. The initial 12-month Annual Platinum Plus Fee is $59.99 (“Annual Platinum Plus Fee”), which shall be due thirty (30) days from the commencement of this Agreement. Thereafter, Customer shall make a once-yearly payment of the prevailing Annual Platinum Plus Fee, to be paid upon the annual enrollment of Customer, unless either party notifies the other party of its intent not to auto-enroll in writing thirty (30) days prior to the next annual enrollment period. The annual prevailing propane pricing and Annual Platinum Plus Fee may vary at Company’s discretion based on market conditions, material or component prices, labor and transportation costs or otherwise.
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 “Auto Fill,” or Customer is offered and accepts a pricing option applicable only to Customers who elect an “Auto Fill” service level, then the Ferrell Platinum Plus price offered to Customer shall be conditioned on Customer electing and/or maintaining Auto Fill 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 “Auto Fill” 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– 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 Fifty Nine Dollars and Ninety Nine Cents ($59.99), 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.