STANDARD TERMS AND CONDITIONS

1. All sales are expressly conditional on Customer's agreement to the standard terms and conditions ("Terms") of this form. Any order or statement of intent to purchase any materials and/or services from Pinnacle Propane LLC ("Pinnacle") or any direction to proceed with engineering, procurement, manufacture or shipment of any of said materials and/or services; or acceptance of all or part of such materials and/or services; or payment of all or part of such materials and/or services; shall constitute assent to these Terms. Any different or additional terms and conditions proposed by Customer in a purchase order or otherwise are objected to by Pinnacle and will not be binding upon Pinnacle unless specifically assented to in writing. These Terms represent the entire sales agreement of the parties as to purchases made by Customer from Pinnacle.
   
   
2. Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. If in Pinnacle's judgment, the financial condition of Customer at the time of manufacture or shipment does not justify the terms of payment specified, then Pinnacle reserves the right to require from Customer full or partial cash payment or other adequate assurance of performance before manufacture or shipment in order to provide security for the payment of the full price of materials and/or services furnished hereunder. Customer also agrees to grant Pinnacle a security interest in said materials and/or services. Customer agrees to execute any documents or furnish information necessary to perfect this security interest.
   
   
3. Payment terms are Net 30 days from date of invoice. Cash discounts are not offered on freight, sales tax or items sold under net terms.
   
   
4. As to materials delivered by Pinnacle's truck, title passes upon delivery at the place Customer receives possession; and, thereafter, all risk of loss or damages shall be on Customer. Deliveries by common carrier are f.o.b. shipping point. On direct shipments from manufacturers, title passes to Customer at point and time of delivery to carrier; and, thereafter, all risk of loss or damage shall be on Customer. Damage or shortage claims arising from direct shipments are to be made by Customer against carrier. Pinnacle assumes no responsibility beyond delivery to carrier in good order and is not responsible for loss, damage, or delay occurring thereafter. All items shown as freight allowed pertain to particular items and quantities. Any deviation after placement of order, such as changes in quantity or partial release, will be subject to the manufacturer's terms and conditions where applicable. Extra labor or mechanical facilities required to unload shall be provided by Customer without cost to Pinnacle.
   
   
5. Payment of materials and/or services purchased from Pinnacle by Customer shall be made at Dallas, Dallas County, Texas. In the event Customer does not pay when due, Customer agrees to pay interest on past due amounts at the rate of 1-1/2% per month (18% per annum) or the maximum interest rate permitted by law, whichever is less. In addition, Customer shall pay Pinnacle for all costs related to the enforcement of or collection of any amounts due hereunder including, without limitation, reasonable attorney's fees, collection agency costs.
   
   
6. Customer hereby authorizes Pinnacle to contact all credit references and to make any necessary credit inquiries in connection with this Application.
   
   
7. No waiver, alteration or modification of any of the provisions hereof shall be binding upon Pinnacle unless specifically assented to in writing.
   
   
8. No materials and/or services will be accepted for return or refunds issued without the written permission of Pinnacle. Materials and/or services will not be accepted for return or refund after 10 days from date of delivery.
   
   
9. Pinnacle's liability arising out of the supplying of any materials and/or services to Customer, or their sale, resale, operation of use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable for such materials and/or services or part thereof involved in the claim. Pinnacle shall not be liable for any labor charges without the prior written consent of Pinnacle. Pinnacle shall not in any event be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential, incidental or penal damages including, but not limited to, loss of profits or revenue, loss of use of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of the Customer for such damages. If Pinnacle furnishes Customer with advice or other assistance which concern any materials and/or services supplied hereunder, or any system or equipment in which any such materials and/or services may be installed, the furnishing of such advice or assistance will not subject Pinnacle to any liability.
   
   
10. Venue for any action relating to, arising out of or concerning this agreement shall be in Dallas County, Texas and governed by Texas law.
    
    
11. If it is necessary for Pinnacle to institute legal proceedings against Customer to collect any indebtedness due or to enforce any of these this agreement and Terms and Conditions of Sale, Pinnacle shall be entitled to recover from Customer its reasonable attorneys' fees and costs.
    
    
12. Shipping or performance dates are not guaranteed, but if stated, are based upon best information then available and unless otherwise specifically stated in writing are subject to change without notice. Pinnacle shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control, or (ii) an act of God, act or omission of Customer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or (iii) any other commercial impracticability. In the event of any such delay, the date of delivery or performance shall be extended for a period equal to the time lost be reason of delay.
    
    
13. Pinnacle shall use reasonable commercial efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of materials and/or services that may prove defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the Customer and the sole obligation of Pinnacle. Except as to title, THERE ARE NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED OR STATUTORY, relating to the materials and/or services which extend beyond that described in this paragraph. NO IMPLIED STATUTORY WARRANTY FOR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY.
    
    
14. Orders placed by Customer may be canceled by the Customer only if agreed to by Pinnacle and upon payment of reasonable charges based upon expenses already incurred and commitments made by Pinnacle.
    
    
15. Customer may from time to time provide Pinnacle with information that could be used, alone or in connection with other information, to identify an individual (“personal data”). Commercial customers will obtain any necessary consents from the relevant individuals to allow Pinnacle to process relevant individual personal data. Pinnacle will: (i) protect personal data through at least commercially reasonable administrative, physical, and technological security measures; (ii) act in material compliance with any applicable laws regarding the processing of personal data, including without limitation EU Directive 95/46/EC and the EU General Data Protection Regulation 2016/679 (GDPR); and (iii) comply in any applicable respects with its published Privacy Notice. If you are an individual Customer, Pinnacle will only process your personal data, and you consent to Pinnacle's use, disclosure and processing of your personal data, in accordance with this agreement and the Privacy Notice. For more information on your rights regarding your personal data, please refer to the Privacy Notice.