2022/06/26 AmeriGas Propane LP Non-Residential Customer AgreementNON-RESIDENTIAL CUSTOMER AGREEMENT
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below (“Customer”). This Agreement, together with Company’s Terms and Conditions for Non-Residential Customers,
which are below and incorporated herein by reference, constitute a binding agreement between Company and Customer.
The Initial Term of this Agreement is three (3) years from the date signed below and WILL AUTOMATICALLY
RENEW MONTH-TO-MONTH THEREAFTER unless notice of non-renewal is provided as described in Section 2 of
the Terms and Conditions.
1.CUSTOMER BILLING AND CONTACT INFORMATION:
Customer: Mobile Ph: Other Ph:
E-Mail:
Mailing Address:City: State: Zip:
2. CUSTOMER INSTALLATION AND PROPANE DELIVERY ADDRESS (IF DIFFERENT THAN ABOVE):
Delivery Address: City: State: Zip:
3. DELIVERY OPTIONS: Worry-Free Automatic Delivery Will Call Other __________________
4. IS CUSTOMER LEASING EQUIPMENT FROM COMPANY?
Yes 1R,I12&XVWRPHULVDIÀUPLQJWKH\RZQWKHLUHTXLSPHQW
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Tank/Cylinder Size
Other
5. THE ASSOCIATED TANK RENT FOR THE LEASED EQUIPMENT IS:
Rental Fee Amount*
Monthly Quarterly Semi-Annual Annual
Notes:
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By signing below, Customer acknowledges that the above information is correct, and Customer has REVIEWED,
UNDERSTANDS, AND ACCEPTS COMPANY’S TERMS AND CONDITIONS. The Terms and Conditions
describe, among other things, Customer’s rights and responsibilities relating to propane service and Leased
Equipment, as well as prices, fees, rates, charges, payment terms and dispute resolution. The Terms and Conditions
may be amended from time to time. This Agreement incorporates the Company’s Terms and Condition, which will
be effective as of the date of Customer’s signature below.
– The AmeriGas Family of Companies –
CUSTOMER SIGNATURE:
CUSTOMER NAME:
DATE:
(Non-Res Customer Agreement rev. 03.01.22)Page 1 of 8
SIGN UP TODAY TO MANAGE YOUR PROPANE ACCOUNT ONLINE AT MYAMERIGAS.COM
PAY A BILL • SCHEDULE A DELIVERY • REVIEW PAST DELIVERIES
'LVWULFW BBBBBBBBBBBBBBBB &RQWURO BBBBBBBBBBBBBBBB$FFRXQW BBBBBBBBBBBBBBBB
DocuSign Envelope ID: 4A9C5D0C-082F-4D3C-96CF-26937BDF0E12
X
92584
8be87264af6d
CA
5164
Menifee
29844 HAUN ROAD
X
9517233722
cgeronimo@cityofmenifee.us
X
29745 Goetz Rd
City of Menifee - Quail Valley FS#5
300.00
92587CA
Menifee
AmeriGas Propane LP
2 QTY - 1,000 Gallon Tanks
DocuSign Envelope ID: E39A9EE7-A2CD-4993-96BE-F60B0CB4F103
6/26/2022
Armando G. Villa
THE AMERIGAS REVISED TERMS AND CONDITIONS FOR NON-RESIDENTIAL CUSTOMERS ARE SET
FORTH BELOW. PLEASE READ THIS CAREFULLY, AS IT IS INTENDED TO MODIFY AND/OR REPLACE ALL
PRIOR AGREEMENTS AND GOVERNS YOUR (ALSO REFERRED TO AS “CUSTOMER” OR “YOU”)
RELATIONSHIP WITH AMERIGAS PROPANE, L.P. (ALSO REFERRED TO AS “AMERIGAS”, “COMPANY”,
“US”, “WE”, AND “OUR”).
TERMS AND CONDITIONS FOR ONGOING PROPANE-RELATED SERVICES AND EQUIPMENT RENTAL
–NON-RESIDENTIAL CUSTOMERS
1. ACCEPTANCE OF THESE TERMS AND CONDITIONS. By accepting or requesting propane delivery or
propane-related services from Company or by entering into an agreement with Company (an “Agreement”) which
incorporates these Terms and Conditions, you agree to these revised Terms and Conditions in their entirety. Unless your
propane supply agreement with Company does not permit modification, this shall serve as a notice of termination of your
previous agreement and an offer to do business under these Terms and Conditions. If you find these Terms and Conditions
unacceptable, you may reject this offer by terminating your service.
THESE TERMS AND CONDITIONS REQUIRE THAT DISPUTES BE RESOLVED INDIVIDUALLY IN
BINDING ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR
JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. YOU MAY
REJECT THE ARBITRATION PROVISION BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS
OF YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS DESCRIBED IN SECTION 15.
2. TERM. Your term is the period of time for which you have agreed to maintain service with us. If you did not sign a
customer agreement, your term will be three years from the date on which you began service with Company by receiving
your first delivery of propane (the “Initial Term”) and WILL AUTOMATICALLY RENEW MONTH- TO- MONTH
THEREAFTER (each a “Renewal Term”) unless either you or Company provides the other with advance written notice
of non-renewal at least thirty (30) days prior to the end of the Initial Term or the then-current Renewal Term. Your notice
of non-renewal can be provided to Company in any of the following ways: (1) by U.S. mail, postage prepaid, to Company
at Box 965, Valley Forge, PA 19482, Attn: Customer Service; (2) by telephone at 1-800-AmeriGas; or (3) by email at
Customercare@amerigas.com.
3. SAFETY INFORMATION. Safety information has been or will be supplied in your Welcome Packet. If you did not
receive the safety information or would like an additional copy, please visit us at AmeriGas.com/safety or you can contact
us toll-free at 1-800-AmeriGas (1-800-263-7442) and we will mail or e-mail it to you. We recommend you regularly visit
AmeriGas.com/safety to view those and other important safety warnings. If you smell propane or experience any
adverse propane conditions or safety-related matters, you should immediately evacuate the premises and dial 9-1-
1. You should also contact 1-800-AmeriGas. We recommend purchasing a LP gas detector and a Carbon
Monoxide detector.
4. LEASED EQUIPMENT.
A. General Provisions. Company will lease and provide to you a propane storage tank or cylinder, first stage or twin-
stage regulator(s) (unless otherwise agreed in writing), and related equipment, and, if applicable in Company’s sole
discretion, Company may lease and provide to you tank monitors or propane meters (collectively “Leased Equipment”).
In its sole discretion, Company may exchange the Leased Equipment for other equipment more compatible with
Customer’s actual use. 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 Leased Equipment without our written permission.
You will notify Company immediately if you suspect that Leased Equipment is damaged, malfunctions or if you
experience any problems. Only propane sold by Company will be used with Leased Equipment. You agree that if you sell
your property, you will notify Company at least thirty (30) days in advance and will inform the buyer that Leased
Equipment is owned by Company. Leased Equipment will at all times remain the property of Company and will not
become a fixture or a part of your real property. You agree to promptly surrender to Company all Leased Equipment upon
termination of service.
B.Tank Rent. You agree to pay tank rent (“Tank Rent”) once per year while the Leased Equipment is installed at your
property. The amount of Tank Rent can vary depending on, among other things, the size of the tank, the location of the
property, and your annual usage. Tank Rent may be increased on an annual basis due to inflation or other factors. For
certain Customers who entered into prior minimum use arrangements with Company, Tank Rent is waived if they meet
certain minimum propane use requirements. For these Customers, Tank Rent is waived if the Customer purchases two (2)
times the water capacity of the tank within the prior twelve (12) months of the Customer’s contract year. Please contact 1-
800-AmeriGas if you have questions about the Tank Rent that is applicable to you.
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C.Access to Equipment for Delivery and Service. Company will have an irrevocable right to enter your property
without prior notice for deliveries of propane, meter reads, and servicing or removal of Leased Equipment. You agree to
provide Company with safe and unimpeded access to the propane distribution system and related equipment on your
property, including but not limited to, access free of ice, snow, water, and other hazards, and you will ensure that entry
gates are unlocked prior to delivery. Your delivery may be delayed if AmeriGas does not have safe and unimpeded access
to your property. You will mark and identify the location of septic systems, leach pits, underground ponds and similar
underground features.
D. Propane Meters. If you have a Company propane meter installed in connection with any Leased Equipment, you will
be billed for your monthly propane usage. Company reserves the right to bill you based on an estimated usage amount,
and then later take an actual reading, after which: (i) you will receive a credit to the extent that your estimated billed usage
amount exceeds the actual 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 Fee as defined in Section 6(B) below applies to
customers who have meters.
5. PROPANE SERVICE, MAINTENANCE, AND DELIVERY.
A. General Conditions. Company may choose not to deliver propane or perform services if, in its sole discretion, it
believes that doing so will pose an unnecessary risk of injury or harm to you, Company’s employees, your property, or the
public. You agree that Company may lock off your equipment, the Leased Equipment, and/or suspend service if Company
believes an unsafe condition exists.
B. Delivery Options. Company offers two types of propane delivery:
•Automatic – Under this worry-free delivery option, Company will make deliveries to you on either a fixed-cycle
basis or upon a number of forecasting factors, including temperatures and usage patterns. To ensure accurate
forecasting, please update Company with any changes in your usage.
•Will Call – Under this delivery option, Company will deliver propane only after you request a delivery. Company
recommends you order a delivery when your tank is approximately 30% full to ensure a timely delivery. Most
Will Call deliveries are made within 5-10 business days after you place an order. Weather and other factors may
affect delivery times. Company assesses a Will Call Convenience Fee per delivery. Expedited delivery requests
may be assessed an Expedited Delivery Fee or an Emergency Delivery Fee. For more information about these
fees, see Section 6B.
C. Propane System Maintenance and Repair. You are responsible for the maintenance and repair of all equipment that
you own (“Customer-Owned Equipment”), including compliance with applicable laws and regulations. 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.
6. PRICING, FEES, AND CHARGES.
A. Price. Unless you enter into a fixed-pricing agreement with us you agree to pay Company’s price per gallon of propane
in effect when you place an order or for Automatic deliveries, on the date of delivery. This price is set by the Company,
and includes, among other things, our taxes, our costs to procure the propane, freight and transportation. Your price per
gallon may vary depending upon the volume of propane you purchase, customer classification, propane tank ownership,
and competitive conditions. We encourage you to review information on our website or contact 1-800-AmeriGas to
discuss which pricing options may be best for your needs and to receive current pricing information, as prices change
frequently and without prior notice.
B. Current Fees and Charges. Company may apply other fees and charges depending on the services requested and/or
required. You agree to pay for all licenses, permits, and taxes associated with the sale or use of the propane, Leased
Equipment and services provided by Company. The fees and charges provided below are the most frequently assessed, but
other fees and charges may apply depending on the services rendered. Please visit our website or contact 1-800-AmeriGas
for specific questions and updated amount information. THE FEES AND CHARGES LISTED BELOW ARE NOT
GOVERNMENT IMPOSED, NOR IS ANY PORTION OF THEM PAID TO ANY GOVERNMENT AGENCY.
COMPANY RESERVES THE RIGHT TO CHANGE ITS FEES AND CHARGES AT ANY TIME AND
WITHOUT PRIOR NOTICE.
•Fuel Recovery Fee – This fee, which is assessed on propane deliveries, helps to offset the significant expense
incurred by Company in fueling its fleet of motor vehicles. This fee fluctuates on a monthly basis as Company’s
cost of fuel fluctuates. For current Fuel Recovery Fee information, please contact 1-800-AmeriGas or visit
Company’s website.
•HazMat & Safety Compliance Fee –This fee is assessed on propane deliveries and helps to offset the costs
Company incurs to comply with federal, state and local government regulations, such as those relating to
hazardous materials, homeland security, emergency preparedness, workplace safety and related administrative
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costs. It is also used to fund, in part, among other things, employee safety training, inspections, cylinder
requalification, and environmental compliance. This fee is $11.99 per delivery.
•Leak Check Charge – This charge is applied when Company performs a leak check to verify that the propane
system does not have a leak. This test is required by law under certain circumstances, which may include: when
new piping is installed, if the gas has been turned off for any reason, if there has been an interruption of gas
service, or if a leak in the system is suspected. Please contact 1-800-AmeriGas for specifics on when a leak check
is required and the current charge.
•Meter Fee – This fee applies if your propane usage is measured by a Company-owned meter. This fee helps to
offset the cost of the meter, meter reading and related administrative costs. The fee also helps to offset the costs
otherwise covered by the HazMat & Safety Compliance Fee (as described above), which is not charged to
metered customers. This fee is $11.99 per month.
•Paper Invoice Fee – This fee applies if you choose to receive paper invoices from Company. This fee is $2.99
per invoice. You may avoid this fee by enrolling in paperless billing in your online account.
•Tank Pickup Fee– Upon termination of service, Company will remove any Company-owned tank on your
property. The charge for removal of standard above-ground tanks is $149.99. The charges for removal of
underground Company-owned tanks are described in Section 14.
•Reconnect Charge – If your tank is locked off by Company due to nonpayment, this charge will be assessed to
remove the lock, perform a leak check and put your propane system back into service. This charge is $79.99.
•Returned Check Fee – This fee 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. This fee is
$33.00.
•Service Dispatch Charge – This applies when a service technician is requested to perform diagnostic or other
service work on Customer-Owned Equipment. This charge is $99.99. This charge will not be credited toward
service work performed and additional charges may be assessed depending upon the nature of the service work
required.
•Expedited Delivery Fee – This applies when a customer enrolled in the Will Call delivery option requests a
delivery within three (3) days or if any customer requests non-emergency service after business hours or on
weekends. This fee is $200.00.
•Emergency Delivery Fee- This applies when a customer enrolled in the Will Call delivery option requests a
delivery within one (1) day. This fee is $300.00.
•Will Call Convenience Fee – This applies to customers enrolled in the Will Call delivery option and is charged
for each Will Call delivery. Eligible customers may avoid this fee by switching to Automatic delivery. The fee is
$8.99 per delivery.
•Minimum Delivery Fee – This fee may be charged for a requested Will Call delivery that is less than 100 gallons
and may vary based upon geographic location and tank size.
•Underground Tank Removal – See Section 14.
•Late Fees – See Section 7.
•Tank Rent – See Section 4B.
7. PAYMENT TERMS AND LATE FEES. If you have received credit terms from Company, you will be billed after
propane is delivered or services are rendered, unless you have enrolled in a budget payment program. You agree to pay
the invoiced amount on or before the due date indicated on the invoice. If you dispute an invoice, you must contact 1-800-
AmeriGas within thirty (30) days of receipt. If you fail to timely pay all amounts owed to Company, Company may,
unless prohibited by law, add a monthly late charge of 1.5% of the average daily balance until paid or a late charge of
$36.00, whichever is greater. If you fail to make a payment on your outstanding amount owed, Company may, after
providing written notice to you, suspend service and/or place a lock on Leased Equipment. If Company places a lock on
Leased Equipment, all amounts outstanding (including the applicable Reconnect Charge) must be paid in full before
service will be restored. Company may at any time require you to pay for propane deliveries or services in advance, to
post a cash deposit, or to provide other forms of credit enhancement. Company may apply any amounts it holds from you,
whether a security deposit or otherwise, at any time in whole or in part against the outstanding balance. If Company uses a
collection agency or attorney to collect money owed by you that is past due, you agree to pay the reasonable costs of
collection incurred by Company, including, but not limited to, collection agency fees, reasonable attorneys’ fees, and
arbitration or court costs. Maryland Customers: If all of the outstanding amount owed is not received within 15 days
after it is due, you will pay a late charge of the greater of $5.00 per month or 10% per month for the part of the
outstanding amount that is late for no more than three months, or you will pay up to 1.5% per month of the
payment amount that is past due.
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The parties specifically agree that this Agreement and all transactions contemplated hereto are “Forward Contracts” as
such term is defined in the United States Bankruptcy Code, 11 U.S.C Section 101(25). If either party becomes subject to
Bankruptcy Code proceedings, it is understood and agreed that the other party shall be entitled to exercise its right to
liquidate and terminate this Agreement as a “Forward Contract Merchant” under Section 556 of the U.S. Bankruptcy
Code. In addition, the parties agree that any payments made under or in connection with this Agreement are the types of
payments described in Section 546(e) of the Bankruptcy Code and are not subject to avoidance in any bankruptcy case.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. THIS LIMITATION APPLIES
REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT OR
OTHERWISE. COMPANY IS NOT LIABLE FOR ANY DIRECT OR INDIRECT LOSS SUSTAINED BY YOU,
OR ANYONE TO WHOM YOU ASSIGN YOUR RIGHTS, AS A RESULT OF THE EXHAUSTION OF YOUR
PROPANE SUPPLY, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR HOME, REAL
PROPERTY, BUSINESS ASSETS, OR PERSONAL PROPERTY RESULTING FROM WATER DAMAGE
CAUSED BY FROZEN PIPES.
9. DISCLAIMER OF WARRANTIES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, TANK, CYLINDER, AND/ OR RELATED
EQUIPMENT, INCLUDING LEASED EQUIPMENT, OR SERVICE PERFORMED UNDER THESE TERMS AND
CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. YOU ACCEPT ALL PRODUCTS AND GOODS DELIVERED AS IS.
SOME STATES (SUCH AS CT, KS, ME, MS, NH, WA, MA, AND WV) MAY NOT ALLOW THESE EXCLUSIONS
OF IMPLIED WARRANTIES, AND, IF SO, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. INDEMNIFICATION. Both Company and Customer agree to indemnify, defend and hold the other harmless from
and against any and all claims, liens, demands, suits, damages and liabilities for personal injuries and/or property damage,
arising out of or caused by any negligent act or omission on the part of that party, its agents or employees.
11. TERMINATION OF PROPANE SERVICE. Unless otherwise specified, your propane service may be terminated
for convenience at the end of the Initial Term or Renewal Term upon the provision of thirty (30) days prior written notice
to the Company. If you terminate your propane service prior to the end of the Initial Term, Company may recover from
you its lost profits that it was projected to receive had you not terminated prior to the end of the Initial Term, installation
charges which were waived at the time of contract, and other damages caused by the early termination. Company may
terminate your propane service prior to the end of the Initial Term upon the provision of thirty (30) days prior written
notice to you.
•For customers with Leased Equipment, upon termination, in order to remove Leased Equipment Company will
charge you a Tank Pickup Fee for a standard above-ground tank or the charges described in Section 14 for
underground tanks.
•Company will repurchase the propane remaining in Leased Equipment upon termination if the supply of propane
remaining in the tank at the time of removal is more than 5% water capacity. If Company repurchases the
remaining propane, the repurchase price will be the price per gallon that you paid for your last delivery. We
encourage you to wait to schedule your tank removal until the supply of propane remaining in your tank is at 5%
water capacity or less.
•Company may terminate your service immediately and without prior notice if you fail to satisfy any material
provision contained in these Terms and Conditions, including but not limited to making payment. Company
reserves the right to terminate service or suspend deliveries if Company determines, in its sole discretion that a
condition exists that poses a health or safety threat to its employees, you or the public.
THE TERMINATION FEES AND TANK PICKUP FEES LISTED IN THIS SECTION 11 ARE NOT
APPLICABLE TO NEVADA RESIDENTS.
12. EXCUSED PERFORMANCE. Company will not be responsible for any delay or damages caused by events or
circumstances beyond its reasonable control, including without limitation, acts of God, fire, storms, floods, epidemics,
pandemics, other health crises, labor disputes, wars, hostilities, terrorism, changes in laws or regulations, Company’s
inability to obtain propane or equipment from its suppliers, as well as terminal, refinery, pipeline, or transportation
disruptions. Under any of these or similar circumstances, Company shall not be deemed to be in breach of these Terms
and Conditions and Company may allocate propane and equipment among its Customers in any manner that Company
deems reasonable.
13. CHANGES TO THE TERMS AND CONDITIONS. Company reserves the right to amend or add to these Terms
and Conditions (other than price per gallon, fees, and charges, which may be changed without prior notice) at any time by
giving you prior written notice of the change(s). The notice may be in the form of a bill insert, email, or other written
notification. These Terms and Conditions may not be modified orally and describe the entire agreement between
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Company and you with respect to its subject matter. Any prior arrangements, agreements, contracts, representations,
warranties, purchase orders, bids, proposals, offers, or other communications, written or oral, that are inconsistent with
these Terms and Conditions, are superseded and of no force or effect. For the avoidance of doubt, these Terms and
Conditions do not replace, amend, or eliminate your prior fixed propane pricing, exclusivity, or volume contract
commitment(s).
14. CUSTOMERS WITH UNDERGROUND LEASED TANKS. You are responsible for all costs of the excavation
and removal of Leased Equipment and Company is not responsible for furnishing fill, resurfacing, landscaping or
restoring your property to its previous condition upon removal. You will be billed on an hourly basis for this work with
local labor rates prevailing, unless other arrangements are provided. The charge to remove an underground tank can vary
greatly and is affected by numerous factors, including the size and access to the tank, soil conditions and other
impediments. You and Company may mutually agree that Company will sell you the underground tank in lieu of
physically removing the tank from your property.
15.CLAIMS AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.
A. Arbitration Agreement. Upon the election of either party (or any other entity or individual with the right to invoke
arbitration under this provision, including without limitation those entities or individuals named in this Section 15(A)(2), a
Dispute shall be resolved by binding arbitration. “Dispute” means any claim or controversy arising from or relating to
these Terms and Conditions, your agreement with Company, or the relationship between you and 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 Company or its parents, subsidiaries, affiliates, predecessors, successors or assigns and any
of their directors, officers, employees and agents (any of whom may elect arbitration of claims to which they are a party
pursuant to these Terms and Conditions); (3) claims that arose before this Arbitration Agreement; (4) claims that arise
after the expiration or termination of this Arbitration Agreement; and (5) claims that are the subject of a purported class
action or other representative or collective action. “Dispute” shall not, however, include claims filed by you or Company
on an individual basis in small claims court if the amount claimed is within the jurisdiction of that court. However,
Company will not demand arbitration pursuant to this agreement to arbitrate in connection with any individual claim that
you properly file in a small-claims court of your state or municipality, so long as the claim is pending only in that court.
IN THE EVENT THAT THE PARTIES HAVE ANY DISAGREEMENT ABOUT ARBITRABILITY OR THE
VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION CLAUSE, A DULY APPOINTED
ARBITRATOR WILL DECIDE SUCH DISAGREEMENT.
B. Right to Reject this Arbitration Agreement. Notwithstanding anything in this Arbitration Agreement to the contrary,
you may reject this Arbitration Agreement. To do so, you must send Company written notice by mail postmarked no later
than thirty (30) days after your acceptance of these Terms and Conditions to Box 965, Valley Forge, PA 19482, Attn:
Customer Service. Your rejection notice must be signed, must state that you reject this Arbitration Agreement, and must
include your name, address, and Company account number. Your decision will not adversely affect your relationship with
or receipt of goods or services from Company.
C. Procedures for Arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”).
Arbitrations shall be conducted by a single arbitrator and administered by JAMS (“JAMS”) pursuant to its code of
procedures (collectively the “JAMS Rules”) in effect at the time the arbitration is initiated. The arbitrator's decision will
consist of a written statement stating the disposition of each claim. The award will also provide a concise written
statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final
and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the
arbitrator’s award.
D. Right to Attorneys’ Fees and Costs. You may hire an attorney to represent you. You are responsible for your
attorneys’ fees and costs. You may recover them from the Company in arbitration to the same extent as in court, or as
permitted under JAMS Rules. You will be responsible for paying your share of the arbitration fees as set forth in JAMS’
Arbitration Schedule of Fees and Costs in effect at the time the arbitration is initiated.
E. Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN
ARBITRATOR RATHER THAN A JUDGE OR JURY. BY THIS ARBITRATION AGREEMENT, YOU AND
COMPANY WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE
ACTION, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND COMPANY AGREE OTHERWISE IN
WRITING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A
CLASS ACTION, MASS ACTION, OR COLLECTIVE BASIS, AND REGARDLESS OF ANY INCONSISTENT
PROVISIONS IN THE JAMS RULES, NEITHER THE ARBITRATOR NOR THE JUDGE MAY CONSOLIDATE
MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR 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. THIS CLASS, MASS, REPRESENTATIVE, AND COLLECTIVE ACTION WAIVER
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IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION
AGREEMENT.
16. SEVERABILITY. If any provisions of these Terms and Conditions are determined to be invalid under applicable law
or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect, as nearly as
possible, the original intention of this Agreement in accordance with applicable law. The remaining terms will remain
unaffected by the invalid or unenforceable term, and each term will continue to be valid and enforceable to the fullest
extent of the law
17. NOTICE. Any notice by you shall be sent by U.S. mail, postage prepaid, to Company at Box 965, Valley Forge, PA
19482, Attn: Customer Service. Notice to you may be in the form of a bill insert, stand-alone mailing, email or other
written notification.
18. WAIVER. If we delay in exercising any of our rights, we will not be prevented from exercising our rights at a later
date. Company’s waiver of any breach of these Terms and Conditions at any time shall not excuse future breaches by the
Customer.
19. YOUR CONTACT AND PAYMENT INFORMATION. You represent and warrant that the name, address,
telephone number(s), and other contact and payment information you provide to Company is accurate, complete, and
current. You agree to notify Company immediately if there is any change to any of that information.
20. YOUR CONSENT TO BEING CONTACTED. By providing a telephone number now or in the future, you agree
that Company (and others on its behalf) may contact you via automated means, including with an automatic telephone
dialing system or prerecorded or artificial voice. Such calls or text messages may include, without limitation, delivery
reminders, delivery confirmations, past-due account notices, account notifications, and attempts to collect any debts from
you. Your consent is not a condition of receiving any goods or services. Message and data rates may apply. To opt-out of
receiving automated messages and calls, please reply STOP to the text message or call the Company at 1-800-AmeriGas.
21. GOVERNING LAW. All matters arising out of or relating to this Agreement shall be governed by and construed in
accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict
of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application
of the laws of any jurisdiction other than those of the State of Pennsylvania.
22. SURVIVAL. Paragraphs 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, and 21 shall survive termination of your
relationship with Company, which includes your permission for Company to contact you to collect any debts owed or
your return of Leased Equipment.
23. CUSTOMER-OWNED EQUIPMENT. The following provisions do not apply to Customer-Owned Equipment:
Paragraph 4B - Tank Rent
Paragraph 6B with respect to a Tank Pickup Fee, as it relates to the pick-up of Company-owned Equipment; however, the
remaining provisions of this paragraph apply.
These Terms and Conditions shall apply to non-residential customers in all states except where specifically prohibited by
law. THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOMERS IN NEW JERSEY OR CUSTOMERS
IN VERMONT USING PROPANE THROUGH A METER OR HAVING PROPANE DELIVERED TO ONE OR
MORE STORAGE TANKS WITH AN AGGREGATED TOTAL CAPACITY OF 2,000 GALLONS OR LESS.
TERMINATION FEES AND TANK PICKUP FEES NOT APPLICABLE TO NEVADA RESIDENTS. PAPER
INVOICE FEES NOT APPLICABLE TO MAINE OR NEW YORK RESIDENTS.
Effective March 1, 2022.
Page 7 of 8
DocuSign Envelope ID: 4A9C5D0C-082F-4D3C-96CF-26937BDF0E12DocuSign Envelope ID: E39A9EE7-A2CD-4993-96BE-F60B0CB4F103
Page 8 of 8
LIGHTING PILOT LIGHTS
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