My AmeriGas Bill
Invoice, Contract and Fee Information
THE COMPANY'S REVISED TERMS AND CONDITIONS ARE SET FORTH BELOW. PLEASE READ THIS NOTICE CAREFULLY AND KEEP IT WITH YOUR OTHER IMPORTANT RECORDS. THIS NOTICE WILL MODIFY ALL PRIOR AGREEMENTS AND WILL GOVERN YOUR RELATIONSHIP WITH THE COMPANY.
For most residential customers ("you" or "your"), the new Terms and Conditions will become effective thirty days after the date of this Notice. If you have an agreement that cannot be modified in this manner, this Notice will serve as a notice of termination and an offer to do business under the Terms and Conditions set forth below. If you find these new terms and conditions unacceptable, you have the right to terminate your service.
GENERAL TERMS AND CONDITIONS FOR RESIDENTIAL CUSTOMERS:
- ACCEPTANCE OF THESE TERMS AND CONDITIONS. By accepting delivery of propane or by paying any invoice, fees, rates, or charges, you are deemed to have accepted these Terms and Conditions.
- TERM The term applicable to these Terms & Conditions shall be for one (1) year ("Term") beginning on the date signed by Customer and will automatically renew from year-to-year thereafter ("Renewal Term") until terminated by either party as provided herein.
- LEASED EQUIPMENT
- General Provisions. Upon request, the Company ("us" or "our" or "we") will lease and provide to you various equipment, including a propane storage tank or cylinder, regulator(s), and related equipment (the "Leased Equipment"). In the interest of safety, you will not allow anyone to make any adjustments, connections or disconnections to the Leased Equipment or remove or pump-out the tank without our written permission. You agree that if you sell the residence where the Leased Equipment has been installed, you will notify the Company at least 30 days in advance that the sale is taking place and will inform the buyer that the Leased Equipment is owned by the Company.
- Propane System Maintenance & Repair. Except for the Leased Equipment, you are responsible for the maintenance and repair of your entire propane system. You are required to notify us in the event that you disconnect the propane system or add or remove appliances so that we may conduct a leak check on the Leased Equipment. You will notify the Company immediately if the Leased Equipment is damaged or malfunctions, or if you experience any problems with the system.
- Rent. You agree to pay the Company annual tank rent during the period the Leased Equipment is installed at your residence. The amount of the rent can vary by geography and may be affected by, among other things, the size of the tank(s) and your actual annual usage.
- Access to Equipment. You agree that the Company has an irrevocable right of entry and exit to your property, without prior notice, to deliver propane or to install, repair, service, or remove the Leased Equipment, or to perform any other services that the Company deems reasonably necessary. You agree to provide the Company with safe, free and unimpeded access to the Leased Equipment, including, but not limited to, access free of ice, snow, water, mud and other hazards. You will mark or otherwise identify the location of septic systems, leach pits, underground ponds and similar underground features as necessary to allow the Company to safely install the Leased Equipment, perform services and make deliveries. You agree that the Company has no obligation to contact you to access the Leased Equipment and may suspend deliveries or service in the event the Company is unable to reasonably access the Leased Equipment. You agree to promptly surrender to the Company the Leased Equipment when your relationship with the Company is terminated for any reason.
- Title to Equipment. The Leased Equipment will at all times remain the property of the Company and will not become a fixture or a part of your real property.
- Propane Meters. If you have a Company propane meter installed on the Leased Equipment, you will be billed for your actual propane usage rather than per delivery. The Company reserves the right to bill you based on an estimated usage amount, which will later be followed-up by an actual reading, based on which: (i) you will receive a credit to the extent that the estimated amount exceeds the actual propane usage amount or (ii) you will be charged an additional amount to the extent that the actual amount of propane used exceeds the estimated amount. A monthly Meter Service Fee as defined below is applied to all customers who have meters.
- SAFETY INFORMATION. Safety information has been supplied in your Welcome Packet. If you did not receive the safety information, please contact us at 800-501-8953 and we will mail this information to you. Additionally, the Company's safety warnings are also contained on our website. We strongly advise you to regularly visit our website to view those and other important safety warnings. If you smell propane or experience any other propane or safety-related matters, you should immediately contact your local district office.
- PROPANE SUPPLY. You agree that only propane sold by the Company will be used with the Leased Equipment.
- PRICING, FEES, RATES, AND CHARGES.
- General Provisions:
You agree to pay the Company's price per gallon, fees, rates, and charges in effect on the date that propane is delivered, services are rendered, or as may be set forth on the delivery ticket. THE COMPANY RESERVES THE RIGHT TO CHANGE ITS PRICES, FEES, RATES, AND CHARGES WITHOUT PRIOR NOTICE. If you are not enrolled in a fixed price program you understand and agree that you will not receive prior notice of the price of propane before a delivery, but may obtain pricing information by calling the local district office servicing your account. The Company's price per gallon, fees, rates, and charges, if any, are not refundable except to the extent that a refund may be required by law.
- For Guaranteed Price Protected ("GPP") customers - These programs provide for a fixed price per gallon for a predetermined period of time or volume. Specific program information is available on our website. See your GPP agreement for specific pricing details.
- For customers not enrolled in a GPP or other fixed price program, you will receive a price per gallon set by the Company which includes, among other things and without limitation, our costs to procure the propane, freight and transportation, and may vary depending upon the volume of propane purchased by the customer, customer classification, ownership of equipment and competitive conditions.
- General Provisions:
- Price Dispute Resolution Procedure:
Due to the potential pricing volatility in energy markets, you have the right to discuss the price of propane delivered to your account and the Company will make reasonable efforts to resolve pricing disputes through the following standardized process: If you would like to discuss your price with the Company, you should initially contact your local district office. If you are not satisfied after discussions with the local district office, you may advance the issue to the Area Director. Any unresolved dispute can be further escalated to the office of the Operations Vice President if you believe it is necessary. The local district office will provide contact information.
- Current Fees and Charges.
In addition to the price per gallon, the Company reserves the right to apply other fees and charges to your account depending on the services required. The fees and charges provided below are the most frequently assessed, but other charges may apply depending on the services rendered. Please contact your local district office for specific questions regarding fees and charges.
- Fuel Recovery Fee - This fee, which is assessed for propane deliveries and service calls, helps to offset the significant expenses incurred by the Company in fueling its fleet of commercial motor vehicles. This fee fluctuates on a monthly basis as the Company's cost of fuel fluctuates. The fee as of the date of this Notice is $7.72. For updated Fuel Recovery Fee information, please contact your local district office on a monthly basis or visit the Company's website.
- HazMat & Safety Compliance Fee - This fee, which is assessed for propane deliveries and service calls, helps to offset a portion of the costs the Company incurs to comply with federal, state and local government regulations, including, but not limited to, hazardous materials, homeland security, emergency preparedness and workplace safety. It is also used to fund, among other things, employee safety training and inspections, cylinder re-qualification, and environmental compliance. THE FEE IS NOT GOVERNMENT IMPOSED, NOR IS ANY PORTION OF IT PAID TO ANY GOVERNMENT AGENCY. The fee as of the date of this Notice is $9.59.
- Leak Check Fee - This charge is applied when the Company must perform a leak check to verify that the propane system does not have any leaks. This test is required by law under certain circumstances, which may include: when a new piping system is installed, if the gas has been turned off or if there has been an interruption of gas service, or in the event a leak in the system is suspected. The local district office can provide specifics on when a leak check is required and the current fee.
- Pump-Out/Restocking Charge - This charge defrays the cost associated with pumping out a tank that contains propane in excess of five percent water capacity, and returning the tank to the Company's inventory. You can avoid this charge by continuing service with the Company until the supply of propane in the tank is less than five percent. Depending on the size of the tank/cylinder, this charge may be up to $149.00.
- Special Trip Charge - This charge is incurred by customers who request immediate deliveries or non-emergency service after business hours or on weekends. This charge can vary due to the distance involved and/or the time required to service the request and will be based on local labor rates, which can be obtained from your local district office.
- Meter Service Fee - This fee is incurred by customers who are charged for their propane based on an amount of usage as measured by the Company's meter. This fee defrays the cost of meter reading, meter maintenance and related administrative costs. The fee as of the date of this Notice is $9.99 per month.
- Service Dispatch Charge - This charge is to cover the costs associated with dispatching a service technician to a customer's residence or other location to perform diagnostic or other service work on customer-owned equipment and appliances or to pick-up a Company-owned tank or cylinder. You should note that upon our arrival additional charges may be assessed depending upon the nature of the problem. The Service Dispatch Charge is $39.99. This charge will not be credited toward service work performed. Please check with your local district office regarding the availability of appliance repair service.
- Returned Check Charge -This charge is intended to cover the deposit return fee assessed by financial institutions and related administrative expenses associated with the return of a customer check for insufficient funds. The Returned Check Charge is $33.00.
- Arbitration Agreement. Upon the election of either party, a Dispute shall be resolved by binding arbitration. "Dispute" means any claim or controversy arising from or relating to the relationship between you and the Company, including without limitation any and all: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims against the Company or its parents, subsidiaries, affiliates, predecessors, successors or assigns and any of their directors, officers, employees and agents; (3) claims that arose before or after the expiration or termination of this or any prior Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. "Dispute" shall not, however, include: (1) issues relating to the scope, validity or enforceability of this arbitration agreement; (2) claims filed by you or the Company on an individual basis in small claims court; or (3) claims filed by or on behalf of the Company to collect money you owe the Company.
- Right to Reject this Agreement or Changes to this Agreement. Notwithstanding anything in this Agreement to the contrary, you may reject this arbitration agreement or future changes to this arbitration agreement. To do so, you must send the Company written notice by certified mail postmarked no later than thirty (30) days after your first receipt of this arbitration agreement (if rejecting the arbitration agreement) or notice of the change (if rejecting changes to the arbitration agreement) to Box 965, Valley Forge, PA 19482, Attn: General Counsel. Your decision will not adversely affect your relationship with or receipt of goods or services from the Company.
- Procedures for Arbitration. This arbitration agreement is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively the "AAA Rules") as modified by this arbitration agreement. If your claim is less than $10,000, you may choose whether the arbitration will be decided on the papers or after a telephonic or in-person hearing.
- Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. WHETHER IN ARBITRATION OR COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND THE COMPANY AGREE OTHERWISE IN WRITING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION BASIS, AND NEITHER THE ARBITRATOR NOR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. THE ARBITRATOR/JUDGE MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT INDIVIDUAL PARTY.
- Severability of this Provision. If this arbitration agreement's class action waiver is found to be illegal or unenforceable, the entire arbitration agreement shall be null and void. If any other provision in this arbitration agreement is found to be illegal or unenforceable, that provision shall be severed from the arbitration agreement and the remainder of the arbitration agreement shall remain in full force and effect.
- Paragraph 3: Leased Equipment
- Paragraph 6(D): Pump-Out/Restocking Charge as it relates to the pick-up of the Company-owned Equipment.
- Paragraph 8: Licenses Permits & Taxes as it relates to permits for tank installation; however, the remaining provisions of this paragraph apply.
This information has been provided to you in order to make you aware of the Company's current Terms and Conditions, as well as our current fees, rates and charges. Please visit our website or call us regularly for updates and/or changes. These Terms and Conditions shall apply to customers in all States except where specifically prohibited by law. THESE TERMS & CONDITIONS DO NOT APPLY TO CUSTOMERS IN CONNECTICUT, NEW JERSEY OR VERMONT.
April 1, 2014, effective May 15, 2014