Tank Lease Agreement
Terms and Conditions
Credit card guarantee is required. Depew Energy invoices must be paid within 14 days. If your balance is not paid, we reserve the right to bill any credit card on file without notification. If you have a balance on your account, and your credit card is denied, you will not receive a second deliyery. If you run out of fuel, or your fuel situation becomes an emergency because of lack of payment, you will be charged an emergency delivery fee. The customer is responsible for keeping their driveway clear of snow and and ice. If we are unable to deliver because of hazardous conditions, .we will call the customer once, and then come back: Additional returns after that one become payable charges. New customers will have their credit card charged after each of the first two deliveries. By signing this contract the customer agrees to all payment terms of Depew Energy Co. Depew Energy is not responsible for any damage caused to driveway while using it for normal delivery service.
1. The Lessor hereby leases to the Lessee the following propane gas equipment, all regulators, hood and base, lentils, and tank(s), based on the criteria of this form
2. The term of this lease agreement shall be an indefinite period of time. If Lessee switches to another company or cancels service Lessee will pay a $100 fee before tank can be picked up. Also, Lessee will forfeit any credit for purchased gas remaining in tank.
3. 1n consideration of the lease of said Equipment by the Lessor to the Lessee, herein, the Lessee agrees as follows:
(a). The Lessee understands and agrees to Lessor's 'Propane Delivery Policies and Fees' as are in effect from time to time and which are
incorporated by reference herein. Lessee's signature affirms emergency awareness, including propane odor, what to do if the odor of propane or a leak is suspected, and how to tum off the propane supply.
(b). Safely to keep and carefully to use said Equipment, and not to sell or remove the same or any part there of from the place where the same wasinstalled by Lessor.
(c). Lessee shall not remove labeling or paint said Equipment.
(d). To be responsible for any and all damages to the Equipment herein leased during the continuation of the lease term,
(e). To allow the Lessor, or its agents to enter Lessee premises at any reasonable time to inspect the Equipment herein leased.
(f). Lessee agrees to purchase from the Lessor his entire propane gas for the use where Equipment is installed, being understood no other supplier is to fill or tamper with said Equipment.
(g). Lessee agrees to use a minimum of 90 gallons per year for a 60 gallon tank, 50 gallons per year for I 00 lb tank, 180 gallons per year for a 120 gallon tank, 600 gallons per year for a 320 gallon tank, 900 gallons per year for a 500 gallon tank and 2,000 gallons per year for a 1,000 gallon tank. If the Lessee's usage falls below yearly minimum required gallons, Lessor may invoice a $59.99 lease fee for a I 00 lb tank, $79.99 for a 60 gallon
tank, $99.99 for a 120 gallon tank, $149.99 for a 320 gallon tank, $199.99 for a 500 gallon tank and $249.99 for a 1,000 gallon tank. On tanks used for generators, fees will be charged upfront and refunded upon meeting minimum usage requirements.
(h). All service is conditional on the Lessee's account being kept current at all times.
4. Lessee will comply with all Federal, state and local laws and regulations including environmental laws and regulations, pertaining to use of the Equipment and to storage, use, and disposal of fuels. Lessee agrees to defend, hold harmless and indemnify Lessor unless all claims and liability asserted Lessor based upon non- compliance with such laws and regulations. Lessee shall regularly inspect the Equipment and inform Lessor of any damage sustained by the Equipment. In the event of leakage or spills from leased Equipment or of inventory shortages of petroleum in leased Equipment, or in the event of reasonable suspicion of such events, Lessee will immediately notify Lessor in writing of such event.
5. In the event, Lessee or anyone with the Lessee's consent tampers with, alters or moves any of Lessor's equipment being leased to Lessee or removes or transfers any propane gas from Lessor's tank (even gas owned by Lessee), without Lessor's written consent it shall be presumed that the leased equipment has been damaged for which Lessor shall be entitled to liquidated damages in the amount of$1,250, unless the Lessee can conclusively show that the alteration or movement of the equipment or the transfer or removal of the gas was done in accordance with the standards set forth in the most recent edition of The National Fire Prevention Association, Standards for Storage and Handling of Liquefied Petroleum Gases, Pamphlet 58.
6. The Lessee hereby agrees to furnish to the Lessor the right of way for the purpose of ingress and egress to and from the said equipment in order that deliveries of gas may be made thereto, and agrees to hold the Lessor harmless from any and all damages which may accrue to the right of way, including driveways and sidewalks, as a result of the delivery of said gas.
7. It is mutually agreed by and between the parties hereto that in case the Lessee shall violate any of the aforesaid covenants on his part to be performed, the Lessor may at his option, without notice to the Lessee, terminate this lease and remove said equipment from the premises of the Lessee, and in such event the Lessee shall pay to the Lessor any and all unpaid balances due for propane gas previously delivered and/or services rendered.
8. The Lessee further agrees to allow Lessor, at the termination of this agreement by either party for any cause or not cause, at its option, without previous notice or demand, with or without legal process, to enter upon any premises where equipment herein leased may be, take possession of and remove same; and Lessee hereby releases any claim or right of action for trespass or damage caused by such entry or removal and disclaims any right of resistance thereto. The Lessee waives all right of homestead or other exemptions.
9. LESSEE ACKNOWLEDGES THAT LESSOR HAS LEASED THE EQUIPMENT "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE ACCEPTS THE EQUIPMENT "AS IS". Lessee shall indemnify and save Lessor harmless from, and defend Lessor against any and all claims, actions, proceedings, injuries, deaths, expenses, damages and liabilities, including attorney fees, arising in connection with the Equipment, or this Agreement, including without limitation, the manufacture, selection, purchase, delivery, possession, use, operations, maintenance, leasing and return of the Equipment and acts of Lessee in failing to maintain the Equipment in good repair. Lessor shall not be liable to Lessee for any loss, damage or expense of any kind or nature whatsoever and howsoever, directly or indirectly, caused (including, without limitation, any loss of business) by (a) and item of Equipment,
(b) the use, maintenance, repair, service or adjustment thereof, (c) and delay or failure to provide an maintenance, repair, service or adjustment thereto or ( d) and interruption of service or loss of use thereof.
10. Lessee shall indemnify and hold Lessor and its officers, employees and other representatives harmless from and against any and all claims, losses, damages, cause of action, suits, liabilities and judgements (including all expenses oflitigation and reasonable attorney fees), injury to or death of and person or for damages to any property to the extent that such injuries, death or damages are caused by the negligence, gross negligence or willful acts or Lessee or its guests, invitees, family members or other agents or by the failure of Lessee to follow its obligations as set forth in this Agreement.
11. LESSEE AGREES THAT UNDER NO CIRCUMSTANCES WILL LESSOR BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO INCREASED COSTS TO LESSEE. LESSOR WILL ALSO NOT BE LIABLE FOR PUNITIVE, INCIDENT AL, EXEMPLARY OR SPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR IF WE WERE TOLD THEY WERE POSSIBLE. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
12. The terms and conditions of this Agreement shall be binding upon the successors, heirs, executors administrators and assigns of the Lessor and the Lessee.
13. The terms and conditions of the Agreement shall not be altered in any way without written consent by the Lessor or Lessee. This Agreement shall be governed by the laws of the State of New York.
14. Lessee agrees to be on AUTOMATIC DELIVERY from DEPEW ENERGY CO. If they are not on automatic delivery and run out of fuel a $125 delivery charge will be assessed to their account.