PENDING APPROVAL OF CREDIT, ALL ORDERS WILL BE ON A CASH BEFORE DELIVERY BASIS.
1. DODSLEY PROPANE agrees to supply, and the Customer agrees to purchase propane solely from DODSLEY PROPANE under the terms and conditions of this agreement and subject to credit approval.
2. All orders are subject to acceptance by Dodsley Propane due to the high cost of processing orders; a minimum bulk propane delivery order of $300.00 plus applicable taxes is required.
3. Propane prices are subject to fluctuating markets and can change at any time without notice. Orders will be invoiced at prices prevailing at time of order or delivery. Prices not guaranteed unless stipulated in writing.
4. The Customer agrees to pay for the repair or replacement of any Propane Storage and Utilization Equipment that is stolen, lost, damaged or destroyed while in service at the customer’s premises.
5. The Customer agrees to advise DODSLEY PROPANE immediately of any fault or defect in the Propane Storage and/or Utilization Equipment.
6. To ensure uninterrupted propane supply customers must notify DODSLEY PROPANE if additional propane appliances have been installed or if propane consumption is likely to change due to changes in lifestyle, productivity or extended business hours. Failure to notify us of these changes may result in propane supply interruption prior to regularly scheduled delivery. DODSLEY PROPANE does not take any responsibility for damage done to property or persons if propane supply is interrupted for any reason including, but not limited to, regulator freeze up, running out of propane or missed deliveries on DODSLEY PROPANE’S part.
7. In the event any new regulations introduced by federal, provincial, or municipal authorities necessitate any changes to the Propane Storage and Utilization Equipment, then the Customer agrees to pay all reasonable charges in connection therewith upon demand.
8. DODSLEY PROPANE will always put forth its best efforts to serve the Customer, but neither party shall be liable for failure or delay in performance of this Agreement through acts of God, strike, labour disturbances, boycotts, unavoidable accidents, riots, wars, shortage of labour, materials or supplies, inclement weather, including snow, ice or flood and impassable conditions and other conditions preventing delivery or for any other cause beyond the Control of DODSLEY PROPANE.
9. Neither DODSLEY PROPANE nor and DODSLEY PROPANE lender financing the Propane Storage or Utilization Equipment, shall be liable for any damage to property or injury to any person, either direct or consequential, caused by or arising out of the delivery, installation, operation, use or repossession of the Propane Storage and Utilization Equipment or from any defect therein or in any part thereof.
10. The Customer shall be responsible for the inspection of Appliance(s) and Materials after installation and shall advise DODSLEY PROPANE immediately of any defects, deficiencies, changes, or additions or want of repair.
11. DODSLEY PROPANE reserves the right to choose the size and number of storage containers used at the premises. This will ensure efficient delivery and supply availability of propane to the customer.
12. The Customer acknowledges that DODSLEY PROPANE will assess a restocking fee for any Product remaining in the Storage Equipment upon termination of service for any reason. DODSLEY PROPANE may also, at its sole discretion, assess an equipment removal fee.
13. All Propane Storage Equipment will remain the property of DODSLEY PROPANE or any DODSLEY PROPANE lender financing the PROPANE STORAGE EQUIPMENT unless otherwise stipulated in writing.
14. Applicant will pay such costs, NSF charges, collection agency commissions, expenses and reasonable attorney fees (including without limitation, at trial and on appeal) as DODSLEY PROPANE may incur in any manner of collection of any sums past due.
15. DODSLEY PROPANE reserves the right to access the property at anytime to maintain Storage and Utilization equipment.
16. The ANNUAL RENTAL for Storage Equipment and/or Utilization Equipment shall be reviewed annually, and based on volume, charged in advance for the year.
17. PHONE IN customers are required to provide ample notice so we can properly schedule your order with our automatic, regular deliveries without interruption. A minimum of five (5) business days is required to guarantee service. For PHONE IN customers that do not give ample notice for delivery, additional charges may apply.
18. If you choose to be on an AUTOMATIC DELIVERY SCHEDULE, DODSLEY PROPANE will set your AUTOMATIC DELIVERY SCHEDULE based on the information provided. If additional equipment is installed without notice, or usage increases without notice, DODSLEY PROPANE CANNOT be held responsible if you run out of propane.
Payment must be received by Dodsley Fuels Limited (thereafter "Dodsley Propane") in accordance with the terms stated on all invoices and statements. Accounts not paid within terms shall be deemed to be “overdue accounts”. Overdue accounts are subject to a 2% service charge per month 26.82% per annum. Dodsley Propane reserves the right to refuse service to ANY account with an outstanding balance.
The applicant and undersigned consents to the verification of all information contained in this application including authorization to share credit history with other grantors and credit bureau(s) as well as obtain credit reports with respect to the applicant. All bank and other credit references indicated are authorized to provide whatsoever information as may be requested by Dodsley Propane or its agents. The applicant understands from time to time further information may be subsequently requested to review and evaluate on an annual basis, the credit terms herein. In compliance with the Privacy Act, this information is considered private and confidential.
Pending approval of credit, all orders will be on a prepaid delivery basis.
PERSONAL GUARANTEE In consideration of and as an incentive to Dodsley Propane to make available to the applicant a credit facility, the undersigned, acting in a personal capacity, hereby, irrevocably and unconditionally guarantees, accepts and acknowledges joint and personal liability for all amounts due to Dodsley Propane by the applicant now or in the future.