Terms & Conditions Residential Customers

Acceptance of terms of conditions

For most residential Customers, these General Terms and Conditions ("GTC's" or "Agreement") will take effect either on May 1, 2024, or thirty (30) days after you receive these GTC's from us, whichever is later. Customers with agreements that cannot be modified this way will have their existing agreement terminated upon receiving these GTC's, unless they notify us in writing within thirty (30) days that they wish to terminate service. Regardless of when these GTC's take effect, purchasing propane or refined fuel products through our websites or e-commerce platforms binds you to these GTC's. Clicking "I accept and agree" constitutes acceptance. If you have another existing agreement with us, clicking "I accept and agree" terminates that agreement and replaces it with these GTC's. Even after termination, equipment owned by the Company and in Customer's possession remains Company property. As these GTC's may change, we advise visiting our websites.

Purchase and Sale

We sell our Products to you exclusively under these GTC’s and any other contracts or lease agreements with the Company. All Documentation provided, including policies and/or documents, Products, equipment, and services, are governed by this Agreement until termination as per Section xx of these GTC’s. Acceptance of these GTC’s occurs when:
a) You click "I accept," "I agree," or a similar icon online or provide an electronic signature on designated Company websites/platforms.
b) You request or accept delivery of Product, service, or equipment.
c) Company Equipment remains on your property for over thirty (30) days after receiving these GTC’s.
d) You fail to notify us in writing within thirty (30) days to terminate service after receiving these GTC’s.

Customer Lease Equipment

All Equipment leased or otherwise provided by the Company to Customer will remain the property of Company and shall not become a fixture or part of the Customer’s real property, notwithstanding that the Equipment, or any part thereof, may now be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner to what is permanent by any means of cement, plaster, nails, bolts, screws or otherwise. This document may be used as a financing statement under the Uniform Commercial Code (“UCC”). Customer will not make any adjustments, connections, or disconnections to the Equipment or remove the Equipment without written permission from the Company. Customer shall notify the Company immediately if the Equipment is damaged, appears defective, malfunctions or if Customer experiences any problems with the Equipment. Customer agrees to pay us annual tank rent during the period the Company Equipment is used. The amount of the tank rent can vary by geography and may be affected by, among other things, the size of the Tanks and the Customer's actual annual usage. We reserve the right to change-out the Company Equipment if your propane usage changes or to remove the Company Equipment during periods of non-usage. We further reserve the right to prorate the annual rent monthly and bill you monthly for such prorated rent. You will not permit any Product to be delivered into the Company Equipment by anyone other than us. . If you are one of our central distribution system customers or our one of our customers who has a Tank with a flow meter installed and receives Product at your Premises through meter service (“Meter Service”), you will purchase from us the volume of Product that flows through the meter located at the Premises. In order to determine the amount of Propane flowing through your meter, we will read the meter on a periodic basis. In addition, if you are a Meter Service customer you may be charged a monthly Metered Residential Customer Charge.

Customer Owned Equipment

The purchase or ownership of a propane tank by Customer means that Customer assumes all liability and the total maintenance responsibility for the tank itself, the related piping and the equipment attached to the tank. Customer is responsible for abiding by all applicable local, state, and federal regulations and abiding by all applicable codes established for the tank location. Company will conduct a safety inspection of the tank prior to the sale or the continued service of an existing customer owned tank to ensure that the tank meets applicable safety standards. Upon receipt of the tank Bill of Sale or inspection of an existing claimed customer owned tank, you will accept the tank and installation “as is.”

Fees rates and charges

The Customer agrees to pay for all Products delivered as per our invoices and current prices. Our pricing may vary at our discretion, and you can check the daily price by contacting your local branch. Additionally, fees and charges may apply, detailed in the Schedule of Current Fees and Charges (Addendum #1) attached to this Agreement. These Fees and Charges may depend on factors like the amount of Product delivered or delivery frequency. They are not government-imposed and may change over time. You can find current Fees and Charges information on our websites, by contacting your local branch, or calling Customer Service. We may also require a security deposit, which can be used to cover any amounts owed. Additional security deposits may be required at our discretion.

Payment Terms

Payment is typically due upon delivery of Product or completion of service unless otherwise specified in the Documentation or for Customers requiring advance payment. Late payments may incur a Late Charge as detailed in the Schedule of Current Fees and Charges. Failure to pay may result in changed payment terms, with payment either due upon delivery or in advance. Non-payment may lead to withheld Product delivery and equipment modifications/disconnections until payment is received.

Termination

Either party may terminate this Agreement at the expiration of the original term or any anniversary thereof by giving the other party Termination Notice thirty (30) days prior notice. The Company may terminate this Agreement immediately and without prior notice or take such other action as may be permitted by law if Customer fails to satisfy any of the terms and conditions of this Agreement.

Taxes

Customer agrees to pay any taxes associated with the sale or use of the Fuel and Equipment covered by this Agreement.

Licenses and Permits

Customer agrees to obtain, and pay any fees associated with, all licenses, permits and inspections necessary for the installation, operation, possession, and use of the Equipment. Customer shall comply with all laws, rules, regulations, and other governmental directives applicable to the installation, use, and operation of the Equipment and, if compliance with such law, rule, regulation, or other governmental directive requires changes or additions to be made to the Equipment, such changes or additions shall be made by Customer at Customer’s sole cost and expense upon the Company’s written approval of the same.

Access to Equipment

Customer grants the Company the right to enter Customer’s premises at any time to deliver Fuel or install, repair, service or remove any or all of the Equipment or to perform any other services that the Company deems necessary under this Agreement without prior notice, judgment, or other process of law. Upon termination of this Agreement, Customer shall also allow Company all necessary access to remove the Equipment.

Change of ownership

You agree that if you sell the Premises where the Company Equipment has been installed, you will notify us, at least fifteen (15) days in advance, that the sale is taking place and will notify the buyer that the Company Equipment is owned by us. Upon any change in ownership of the Premises, you shall advise the new owner of the Premises of these GTC’s, and we shall not be required to provide a refund to you or the new owner for Product sold to you once you have moved from the Premises. If the new owner does not engage us for the provision of Product to the Premises, you shall be deemed to have terminated this Agreement and all applicable termination fees shall apply.

Regulatory

As the party with control over the day-to-day operation of the Leased Property, Lessee must register all tanks as applicable with the state regulatory agency per state regulatory requirements and standards. Lessee is required to comply with all federal, state, and local regulatory requirements and standards regarding the installation, maintenance, and operation of the Leased Property at Lessee’s expense. All licenses will be obtained and maintained at Lessee’s expense. Failure to comply with regulatory requirements and standards will constitute a default by Lessee.

Environmental Responsibility

The Lessee/Real Property Owner/Operator grants that there are no existing environmental damages or liabilities at the refined fuel tank site as of the date of this Agreement. In the event of a sudden and/or accidental release of a noxious substance on the premises or the discovery of environmental contamination requiring remediation, Lessee/Real Property Owner/Operator assumes all losses and liability in respect thereof including, without limitations, all costs related to characterization and rehabilitation of the premises any neighboring land as well as the decontamination of any equipment or buildings and shall provide all bonds and other security required by governmental authorities having jurisdiction. This includes Lessee/Real Property Owner/Operator’s indemnification of Lessor/Owner for all environmental liability, including when related to pre-existing environmental liabilities, sudden and/or accidental release, pollution, contamination, or future environmental liabilities that are created by minor drips and splatters over time, except to the extent such liability arises from the acts or omissions of Lessor/Owner.

Insurance Requirements

Customer hereby acknowledges and agrees that its assumption of loss of the Equipment shall attach upon Customer’s receipt of the Equipment (the “Equipment Acceptance Date”). Customer shall, at its sole expense, obtain and maintain throughout the Term general commercial liability insurance against claims for bodily injury, death and property damage with limits of not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) general aggregate, to cover such liability caused by, or arising out of activities of the Customer and/or Customer’s employees with respect to the Equipment. All such certificates evidencing such insurance shall name Company as an additional insured. Customer represents that it has workers’ compensation insurance to the extent required by law. Customer agrees to furnish proof of all such insurance to Company upon request.

Limitation of Liability

Under no circumstance shall the Company be liable for incidental, consequential, or special damages, including, without limitation, lost profits, and business interruption damages. This limitation shall apply regardless of whether a claim or remedy is sought in contract, tort (including negligence and strict liability) or otherwise. The Company is not liable for any loss sustained by Customer as a result of the temporary exhaustion of Customer’s supply of Fuel. Company’s total liability shall not exceed the fees or charges paid or payable under this Agreement.

Indemnification

Customer shall indemnify, defend, and hold harmless from and against any and all claims, liens, demands, suits, damages, and liabilities for personal injury, including death and property damages arising out of or related to the sale or use of any Fuel or Equipment hereunder, in any way connected with Customer’s use of the Fuel or Equipment or caused by any act of omission on the party of Customer or by Customer’s breach of this Agreement, except only where such personal injury or property damage is cause by the sole negligence of the Company.

Disclaimer of Warranties

Company disclaims and excludes all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, concerning the Equipment leased under this Agreement. The Parties acknowledge and agree the Equipment shall be leased and accepted “AS IS” with all defects.

Governing Law; Arbitration

The governing law for this Agreement shall be the law then in effect in the State of Texas. Customer hereby agrees that at Company’s election any dispute arising from or related to this Agreement shall be submitted to binding arbitration.

Force Majeure

Company shall not be liable to perform its obligations hereunder due to force majeure, defined herein as causes beyond its reasonable control, including acts of God, strikes, material disruption to Fuel supply chains, local, national, or global pandemics, riots, wars, threats of sabotage, earthquakes, floods, or other natural disasters.

Assignment

This Agreement may not be assigned by Customer without the prior written consent of Company. Any assignment attempted to be made in violation of this Agreement shall be void. In the event of any assignment, Customer shall remain responsible for its performance and liable for assignee’s performance.

Independent Contractor

In the performance of their obligations under this Agreement, the Parties shall be independent contractors, and shall have no other legal relationship, including, without limitation, joint venturers, or employees. Neither Party shall have the right or power to bind the other Party and any attempt to enter into an agreement in violation of this section shall be void.

Severability

If one or more provisions of this Agreement, or the application of any provision to any Party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application of the provision to other Parties or circumstances shall remain valid and in full force and effect.

Non-Waiver of Defaults

Any failure of Company at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms and conditions of this Agreement, or to exercise a right hereunder, shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair the same, or the right of Company to avail itself same.

Section Headings

All section headings are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement.

Execution

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement.

Compliance

Customer acknowledges that it has not made, offered, been offered, authorized, or accepted any payment, gift, promise, or other advantage that would constitute a facilitation payment or violate any applicable anti-bribery or corruption law. Customer agrees that no portion of the Fuel may be resold (except where Pinnacle delivers to a dispenser intended for third-party sales or to third-party Customer accounts) or exported. Customer also represents that it is not the subject of any trade sanctions or any restrictions to purchase Fuel.

Addendum #1

Fees Unit Price up to Description
Meter Fee Per month $15.00
Tank Pick up Per pick up $150.00
Service dispatch charge Per service $99.99
Min delivery fee Per delivery $35.00
Leak test charge Per check Depends
Safety assurance check Per check Depends
Hazmat Fee Per delivery $13.99
Return check fee Per check $33.00
CLT termination fee Per termination $149.99
Equipment installation fee Per termination Depends
Off route delivery charge Per delivery $250.00
Same day delivery fee Per delivery $300.00
Reschedule fee Per delivery $200.00
Late charge Per day 1.5% or $35
Reconnect charge One time $200.00
Tank pump out fee Per hour $150.00
Tank monitoring fee Per year $199.00
Service work charges Per hour $150.00
Credit card processing fee Per payment Depends