Regardless of when these GTC's otherwise take effect, as outlined above, 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 your acceptance to be bound by these GTC’s. If you have any other form of existing agreement with us, clicking "I accept and agree" terminates that agreement and replaces it with these GTC's.
Notwithstanding any termination, equipment owned by the Company and in Customer's possession remains Company property.
These GTC's are subject to change as set forth herein, therefore, we recommend you visit our websites (www.pinnaclepropane.com) to view the current GTC’s and/or call (972) 444-0300 or visit your nearest location to obtain a copy.
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 described below in the section titled “Termination”.
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.
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 are 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.
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.”
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, delivery frequency, or location. 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 will be held in an interest-free account and can be used to cover any amounts owed by you to us at any time, after which additional security deposits may be required at our discretion.
Payment is typically due upon delivery of Product or completion of service unless otherwise specified or unless you are a Customer required to make advance payment. Payments not received within thirty (30) days of delivery or completion of service may incur a Late Charge as detailed in Addendum 1. Failure to pay in accordance with the applicable payment terms shall void those payment term and payment will become due either upon delivery or in advance. Non-payment may lead to withheld Product delivery and equipment modifications and/or disconnections of company owned equipment until payment is received.
Customer agrees to pay any taxes associated with the sale or use of the Fuel and Equipment covered by this Agreement.
Either party may terminate this Agreement by providing written notice of termination to the other party at least 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. Customer may be entitled to a credit or refund for any Product which remains in the Tank(s), subject to Service Work Charges to pump out and remove the Tank(s). In the event that we determine, in our sole discretion in accordance with our internal policies, to provide a refund for Product remaining in the Tank(s), the refund will be applicable only to Product that we resell and the refund shall be based on the lower of the price at which the Product was purchased or Company’s current daily price for the Product at the time we take possession of the Product.
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.
Customer grants the Company the right to enter Customer’s premises at any time to deliver Fuel or install, repair, service or to perform any other services that the Company deems necessary under this Agreement without prior notice, judgment, or other process of law. This access requirement also applies to removal of any and all Company-Owned equipment on customer premises. Upon termination of this Agreement, Customer shall also allow Company all necessary access to remove the Equipment.
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.
A. You represent and warrant that you will:
B. You represent and warrant that you will not:
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.
Customer shall obtain and keep in force during the entire term of these GTC’s, homeowners’ and other appropriate hazard insurance (at commercially reasonable maximum coverage amounts) with respect to the Premises and the use of Product and Equipment thereon.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE GTC’S, WHETHER UNDER A THEORY OF TORT, CONTRACT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOU ASSUMES THE RISK OF ALL LOSS OR DAMAGE TO, AND LOSS OR DAMAGE CAUSED BY, THE PREMISES, THE EQUIPMENT AND/OR THE PRODUCT, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Customer accepts the risks inherent in the storage, installation, use, delivery and refueling of Equipment and Product on the premises and hereby releases Company, waives any claims against Company, agrees not to sue Company, and agrees to indemnify, defend, and hold Company and its agents, directors, officers, and employees harmless from and against any and all claims, liens, demands, suits, damages, obligations, costs, judgments, expenses and liabilities (including, without limitation, Company’s attorney’s fees, court costs and the costs of repair, clean-up, abatement, or remediation) arising out of or relating to
You further agree that it is your sole and exclusive responsibility to monitor the propane usage and to request a delivery at least ten (10) business days in advance in order to prevent an out-of-gas situation. We will not be responsible for any damages that may result from an out-of-gas situation, including personal injuries or damage of any kind to property caused by or related in any way to the exhaustion of Product supply, including, but not limited to, frozen pipes or water damage. You acknowledge that it is your responsibility to monitor Product levels. We shall not be responsible for damage to the Premises or other property of yours or any other person due to Product supply interruption caused by your failure to notify us of modifications to the Premises, the addition of appliances, increase in living unit size, or your request for less Product than is required to fill Tanks to full capacity.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, TANK, CYLINDER, AND/OR RELATED EQUIPMENT OR SERVICE SUPPLIED OR PERFORMED UNDER THESE GTC’S OR ANY PRIOR AGREEMENT OR UNDERSTANDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THE EQUIPMENT SHALL BE LEASED AND ACCEPTED “AS IS” WITH ALL DEFECTS.
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.
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.
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.
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.
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.
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.
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.
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.
| Fees | Unit | Prices up to | Description |
| Meter Fee | Per month | Up to $ 15.00 for 1st meter | Minimum monthly charge for a metered customer, up to $5 for additional meter |
| Lease Tank Pick up above ground | Per pick up | $150.00 | Labor associated with disconnecting service or removing equipment when a Customer or the Company terminates service |
| Lease Tank Pick up underground | Per pick up | Up to $2000 | Labor associated with removing and picking up an underground tank |
| Service dispatch charge | Per service | Up to $99.99 | Trip charge for customers needing service on system |
| Min delivery fee | Per delivery | Up to $35.00 | For call in customers that take less than minimum delivery |
| Leak test charge | Per check | Up to $105.00 | Inspection of propane delivery system |
| Safety assurance check | Per check | Depends | Inspection of propane delivery system |
| Hazmat Fee | Per delivery | Up to $13.99 | Offsets a portion Company cost incurred to comply with federal, state, and local government regulations |
| Hazmat-Fuel surcharge | Per delivery | Up to $17.99 | Safety compliance fee on cylinders and refined fuel |
| Return check fee | Per check | Up to $35.00 | Received return check notification |
| Customer Lease Tank termination fee | Per termination | Up to $149.99 | Charge for termination by Company or Customer; if Customer switches suppliers or if default by Customer of Customer’s obligations |
| Equipment installation fee | Per installation | Depends | Labor, material, and permits fees related to Equipment installation at the Premises |
| Off route delivery charge | Per delivery | Up to $250.00 | Customer requests an off-route delivery during normal business hours |
| Same day delivery fee | Per delivery | Up to $300.00 | Customer requests a delivery after normal business hours or same day delivery |
| Reschedule fee | Per delivery | Up to $200.00 | Assessed when a delivery or service call is scheduled and cannot be completed because the tank is inaccessible for a delivery or Customer is unavailable for the service call |
| Late charge | Per month | 1.5% or $35 | Assessed when a customer does not pay bill within the terms established |
| Reconnect charge | One time | Up to $200.00 | Reconnection of service after tank lock out |
| Tank pump out fee | Per hour | Up to $150.00 | Covers cost to pump out a Company Tank that contains more than five percent and return the Tank to Company’s inventory |
| Tank monitoring fee | Per year | Up to $199.00 | Annual charge for wireless tank monitoring which at the discretion of the Company may be prorated and billed monthly |
| Service work charges | Per hour | Up to $150.00 | Labor and material fees necessary to adjust, modify or correct or install new Equipment |
| Credit card processing fee | Per payment | Varies per state | Charge that may be applied to process credit card transactions |
| Collection Fee | Per collection | Up to $10 | Collection fee |
| Paper invoice or Statement Fee | Per invoice | Up to $2.99 | May be applied if Customer chooses to receive paper invoices, rather than enrolling in paperless billing, from Company |
Customer agrees that only fuel sold by the Company shall be used with the above or any other Pinnacle provided Equipment.
Customer agrees to pay the Company the fees, rates, and charges required by this Agreement. The fees, rates, and charges required by this Agreement are not refundable, except as required by law. Upon approved credit application, Customer agrees to pay all fees, rates, and charges Payment Terms Payment Terms Basis. Payment of materials and/or services purchased from the Company by Customer shall be made at 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% annum) or the maximum interest rate permitted by law, whichever is less.
Pinnacle shall have no obligation to use a third-party management or payment system.
During the Term of this Agreement, Customer agrees to purchase the Fuel at the estimated volume and at the price referenced in Section 1 above. If during the Term, Customer does not meet its obligation to purchase the volume referenced above then, in addition to any other rights that Company may have under this Agreement or allowed by law, at Company’s option, (i) Customer shall be liable to pay Company as liquidated damages a minimum amount equal to fifty percent (50%) of the remaining Volume not purchased and remaining during the unexpired portion of the Term; (ii) Company may recover from Customer any differential or increase in the cost of Fuel purchased or otherwise incurred by Company in connection with delivery under this Agreement (whether through hedging or other means); and/or (iii) Company may sue and Customer shall be liable for specific performance and/or damages arising from Customer’s failure to perform. In addition, Customer shall pay the Company for all costs related to the enforcement of or collection of amounts due hereunder including, without limitation, reasonable attorneys’ fees, and collection agency costs. Company reserves the right to require payment in advance or a cash deposit.
ustomer agrees to pay any taxes associated with the sale or use of the Fuel and Equipment covered by this Agreement.
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.
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 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.
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.
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.
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.
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.
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.
This Agreement is the final understanding between the Company and the Customer and there are no prior representations or warranties. This Agreement cancels, supersedes and revokes all prior negotiations, representations, and agreements between the Parties, whether written or oral, relating to the subject matter of this Agreement. This Agreement may be modified or amended only in writing duly executed by all Parties.
he 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.
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.
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.
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.
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.
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.
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.
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.
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.
The words, “execution,” “signed,” “signatures” and words of like import shall be deemed to include electronic signatures and any electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
