New Account Application

Oil Terms and Conditions

1. Delivery — We will deliver, subject to availability, fuel oil at our established price on the date of delivery unless another price has been established. Deliveries will be made to you at the address shown on this agreement, on an automatic basis according to Weather Controlled Degree Day System, unless our Credit Department has notified you that you must call for your oil. If your account is established as a will call delivery type, then we require 48 hours notice to arrange for a delivery.
2. Payment — A metered ticket will be left or mailed to you after each delivery. The ticket will show the number of gallons delivered, the price per gallon and total dollars owed which is to be paid within 30 days. If other payment terms are required by our Credit Department, you will be notified by them through written notification or telephone.
   If you are on the BUDGET PLAN, payments are due by the 10th of each month.
   If you maintain a Service Contract with us, or if you require chargeable service calls for repairs or maintenance, these will be billed to your oil account and are to be paid within 30 days. Customer must pay a handling charge of $30 for any payment check or eft dishonored.
3. Finance Charges — Charges of thirty (30) days or more are considered past due. We will send you a statement which will show the past due amount as well as your current month's purchases, and the FINANCE CHARGE. FINANCE CHARGES are computed at the rate listed below:
   1½% per month (equivalent to an ANNUAL PERCENTAGE RATE OF 18% PER ANUM).
4. Default and Collection Costs — YOU will be in default if you do not pay a balance on time, file for bankruptcy, or make an assignment for the benefit of the creditors. Default means that we can demand immediate payment of the full balance. If we refer collection of the balance to a lawyer, you will pay all attorneys' fees plus court costs.
5. Irregular Payment and Delay in Enforcement — We can accept later payments, or checks and money orders marked "payment in full" without losing any of our rights under this agreement. We can also delay in enforcing our rights under this agreement without losing them.
6. Amendment or Changes — We can change this agreement including FINANCE CHARGES and the ANNUAL PERCENTAGE RATE at any time provided we give you at least 30 days notice before the beginning of the billing period in which the change becomes effective.
7. Cancellation — We or you can cancel at any time on 30 days written notice. You agree to remain responsible for payment for all deliveries and/or services made before the 30 day period expires. We also have the right to cancel your account without notice if you fail to make payments on time.
8. Liability — We are not responsible for damage or loss caused by failure to make delivery due to labor shortage, strikes, or to conditions beyond our control. In the event of DEFAULT, and we do not deliver oil as a result of DEFAULT, we will not be liable for any damages in either direct or indirect manner.
9. If a price protection contract has been established then the terms and conditions of the price protection contract supercede these terms and conditions during the price protection period. Customer responsibilities will always apply.
10. Dominick Fuel Inc. shall be released of liability for "runouts" when the customer's fuel usage is erratic and/or if oil tank fill pipe or vent are inaccessible or if vent alarm does not work.
11. Per Service Plan terms & conditions, if you cease to be an automatic oil delivery customer or burn less than 600 gallons of fuel per annum we will rebill any past products or services performed during the contract year at our prevailing rates.

Propane Terms and Conditions

1. Equipment Charges — If Equipment is leased customer agrees to pay the applicable Equipment deposits and non-refundable service and lease fees shown on the face of this Agreement. Company shall have the right to increase these deposits and fees at any time upon 30 days' notice to Customer.
   
   
2. Propane Charges — The charge for propane sold to Customer will be calculated at the current price charged by Dominick Fuel Inc. at the time of delivery for the applicable class of Customer. For propane stored in metered tanks on Customer's premises, Dominick Fuel Inc. will charge Customer for propane usage as measured through the meter.
   
   
3. Payment Terms — Customer agrees to pay all invoices for products or services promptly upon receipt and a late charge of 1.5% per month (or the maximum allowed by law in your state) on any balance remaining unpaid 30 days after the invoice date. In addition, Company shall be entitled to recover from Customer its reasonable collection costs, including attorney's fees. Customer must pay a handling charge of $30 for any payment check or eft dishonored.
   
   
4. Ownership of Leased Property
   (A) CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT DOMINICK FUEL INC. HAS THE SOLE RIGHT TO FILL THE LEASED EQUIPMENT WITH PROPANE GAS AND THAT CUSTOMER SHALL NOT FILL THE LEASED EQUIPMENT WITH ANY SUBSTANCE OR PERMIT ANY PERSON OTHER THAN DOMINICK FUEL INC. OR DOMINICK FUEL'S AUTHORIZED AGENTS TO DO SO. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE PARTIES SPECIFICALLY AGREE THAT IN THE EVENT THE CUSTOMER FILLS, OR PERMITS ANY PERSON OTHER THAN DOMINICK FUEL INC. OR DOMINICK FUEL'S AUTHORIZED AGENTS TO FILL, THE LEASED EQUIPMENT WITH ANY SUBSTANCE, DOMINICK FUEL INC. MAY TERMINATE THE AGREEMENT IMMEDIATELY UPON GIVING NOTICE TO CUSTOMER.
   
   (B) [UNDERGROUND TANKS ONLY]. CUSTOMER SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT TO PURCHASE ANY UNDERGROUND PROPANE TANK AND RELATED APPURTENANCES COVERED BY THIS AGREEMENT FROM DOMINICK FUEL INC. DURING THE TERM OF THE AGREEMENT. THE PURCHASE PRICE OF THE UNDERGROUND TANK AND RELATED APPURTENANCES IS ______ AND WILL REMAIN THE SAME DURING THE TERM OF THE AGREEMENT. PARAGRAPH 18 OF THIS AGREEMENT, COVERING CUSTOMER OWNED TANKS AND EQUIPMENT, WILL APPLY TO AN UNDERGROUND TANK PURCHASED BY THE CUSTOMER.
   
   (C) [ABOVEGROUND TANKS ONLY]. CUSTOMER SHALL HAVE THE SOLE AND ECLUSIVE RIGHT TO PURCHASE A NEW ABOVEGROUND TANK AND RELATED APPURTENANCES FROM DOMINICK FUEL INC. DURING THE TERM OF THE AGREEMENT AFTER THE CUSTOMER SIGNS THIS AGREEMENT. THE PURCHASE PRICE OF THE ABOVEGROUND TANK AND RELATED APPURTENANCES IS ______ PLUS AN INSTALLATION FEE OF ________. THE PURCHASE PRICE AND INSTALLATION FEE WILL REMAIN THE SAME DURING THE TERM OF THE AGREEMENT. PARAGRAPH 18 OF THIS AGREEMENT, COVERING CUSTOMER OWNED TANKS AND EQUIPMENT, WILL APPLY TO ANY ABOVEGROUND TANK PURCHASED BY THE CUSTOMER.
   
   
5. Installation, Maintenance, and Service — Dominick Fuel Inc. agrees that it shall install the leased Equipment on the premises in a manner consistent with recognized safety standards existing at the time of installation. Dominick Fuel Inc. also agrees that it shall be responsible for maintenance and service of the leased Equipment, and shall undertake all repairs necessary to keep the leased Equipment in safe working condition, provided that Dominick Fuel's responsibility for maintenance and service of the leased Equipment is subject to provisions of Section 6 herein. At its sole option, Dominick Fuel Inc. may from time to time substitute property of similar description for the leased Equipment, or any part thereof, and the property substituted in place of the original leased Equipment shall thereupon become the leased Equipment.
   
   
6. Customer's Obligations — (a) Loss and Damage. Customer specifically agrees that it shall not commit any waste or damage of or to the leased Equipment; nor shall Customer deface, remove, or conceal any name, mark, and/or identifying device on the leased Equipment; nor shall Customer make any repairs to the leased Equipment. Customer agrees to notify Dominick Fuel Inc. of any damage to, or destruction of, the leased Equipment as soon as Customer becomes aware of such damage or destruction. In the event of any damage or destruction, Dominick Fuel Inc. shall make repairs or replace the leased Equipment as Dominick Fuel Inc. believes reasonably necessary, and Customer specifically agrees to reimburse Dominick Fuel Inc. for all expenditures of labor and materials incurred by Dominick Fuel Inc. to repair or replace any damage to, or destruction of, leased Equipment caused by, or arising from, Customer's intentional and/or negligent acts, and/or failures to act, in violation of this Agreement. Customer acknowledges that Dominick Fuel Inc. does not carry any property damage insurance coverage on the leased Equipment, and that Customer may, at Customer's option and its sole expenses, purchase property damage insurance covering the leased Equipment. (b) Control of Equipment. Customer shall have exclusive control of the leased Equipment and propane product so long as they remain in Customer's possession. (c) Access to Equipment. Customer agrees to provide safe and unobstructed access by Dominick Fuel Inc. to the leased Equipment, and grants Dominick Fuel Inc. the irrevocable right to enter upon Customer's premises to install, service, fill, repair, replace, and remove the leased Equipment. Customer agrees to bear the risk of damage and the cost of repairing any damage to driveways, sidewalks, curbs, lawns, septic systems, and other property resulting from such access and entry. (d) Modifications. Customer warrants and agrees that Dominick Fuel Inc. shall not be responsible in any way for damages to, or loss of, property and/or injury to, or death of, any person or persons, including, without limitation, persons employed or engaged by Customer, caused by or arising out of the repair, modification, alteration, installation, removal, or maintenance of Customer's propane piping, propane appliances, or any other component of the Customer's propane distribution system by the Customer or Customer's employees, agents, or representatives, or any other third-party not affiliated with Dominick Fuel Inc. (e) Notice of Modification. Customer shall notify Dominick Fuel Inc. within 10 days of any alteration, modification, repair or maintenance performed on the Customer's propane distribution or any installation or removal of any propane distribution system component including, but not limited to, propane piping, appliances, and equipment. (f) Pet(s). We are not responsible for customers' pets. It is customer's responsibility to keep pets inside during delivery and/or in a separate room when at technician is servicing the equipment.
   
   
7. Taxes — Customer shall be responsible for all personal property taxes and all other taxes, assessments, or similar charges imposed by any governmental authorities upon the Equipment or its use during the term of this Agreement. Company shall have the right to pay such taxes on behalf of Customer and to recover same from Customer upon written notice.
   
   
8. Agreement Term — This agreement shall continue for the initial term shown on the front side of this agreement commencing on the date signed and thereafter shall automatically renew on a year to year basis unless terminated at the end of the initial term or subsequent anniversary date by Dominick Fuel Inc. or Customer upon not less than thirty (30) days prior written notice to the other party. In addition, Dominick Fuel Inc. may terminate this Agreement, discontinue propane sales or the provision of services, seal and "lock off" the tank, and exercise any other available remedies at law or in equity immediately and without notice if Customer fails to make timely payment for any lease fees, propane purchases, or other payment obligations hereunder, or fails to abide by or perform its obligations under any of the terms of this Agreement. Upon any termination of this Agreement, Customer nevertheless shall remain obligated to pay all amounts due to Dominick Fuel Inc. hereunder, including the removal fee and shall remain responsible for safekeeping of the Equipment until removed by Dominick Fuel Inc. Customer shall receive credit for any unused gas remaining in the tank at the price charged per gallon during the most recent delivery prior to termination or be reimbursed for such gas if the amount cannot be credited. Customer agrees to bear the expense necessary to make the Equipment accessible to the Company, including bringing underground tanks and other equipment to ground level for service or removal. Company shall have no obligations for restoration or change to Customer's premises.
   
   
9. Liquidated Damages for Early Termination — For customers with leased equipment, you have received certain benefits from the company in exchange for your service commitment, which may include, but are not limited to, the installation costs of the leased equipment. In the event that you terminate propane service with the company prior to the end of the initial term, Dominick Fuel Inc. will have suffered damages. In that situation, Dominick Fuel Inc. shall be entitled to liquidated damages in the amount designated on the front side of this agreement. This amount is not intended to be penal in nature and represents a fair and reasonable amount of damages agreed to by the parties to this Agreement should the Agreement be terminated prior to the end of the initial term.
   
   
10. Exclusion of Warranty — Customer agrees that, to the extend allowed by law, all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or use are excluded from, and shall not apply to, the sale of propane; to the sale, lease, or loan of any Equipment, nor to the provision of any services by Company. The Company makes no warranty or guaranty to maintain Customer's propane supply at a specific level or inspect Customer's propane supply on a specific schedule. Accordingly, Customer acknowledges and agrees that under no circumstances shall the Company be liable for any damage resulting from "out of gas" situations.
    
    
11. Limitations of Remedy — Customer agrees that to the extent allowed by law, Customer's sole and exclusive remedy against Company shall be for the replacement or repair of any defective items provided by Company. Customer agrees that no other remedy including, but not limited to, any remedy for special, indirect, incidental, or consequential loss shall be available to Customer.
    
    
12. Delay or Failure of Performance — Any delay or failure of performance hereunder on the part of Dominick Fuel Inc. including the failure to supply propane shall be excused without liability if the delay or failure of performance results from accidents, weather conditions, acts of God, government regulation, fire, floods, labor disturbances, terrorism, breakdown or other failure of equipment, inadequate wholesale supplies of propane, or any other causes beyond the reasonable control of Dominick Fuel Inc. Additionally, Dominick Fuel Inc. will not be responsible for damages for failure to deliver propane to vacant or unattended premises or premises that are not readily accessible by our employees.
    
    
13. Non-Assignability of Agreement — Customer agrees that, at all times during the term of this Agreement, it shall not assign, transfer, sublease, pledge as security, or otherwise dispose of its limited interest in the leased Equipment as set forth in this Agreement without the prior written consent of Dominick Fuel Inc.
    
    
14. INDEMNIFICATION — Customer agrees that it shall defend, indemnify, and hold harmless Dominick Fuel Inc., and all its affiliates and all of their respective directors, officers, agents, employees, and insurers, from and against any and all claims, demands, damages, environmental damages and/or liabilities, losses, causes of action, judgments, fines, assessments, costs, and expenses of any kind or nature, including all attorneys' fees and all costs and expenses of litigation and court costs (including attorneys' fees and costs and expense of litigation and court costs incurred in enforcing this provision) for damages to or loss of property, and/or injury to, or death of, any person or persons, including without limitation persons employed or engaged by Customer, and/or damages to the environment caused by or arising or resulting from: (a) Customer's use and/or possession of the leased Equipment; and/or (b) Customer's breach of any of its representations, warranties, undertakings, covenants, promises, and agreements as set forth in this Agreement; and/or (c) Customer's failure to comply with any and all applicable federal state or local laws, ordinances, order, permits, rules, and regulations with regard to Customer's use and/or possession of the leased Equipment, provided however, that Customer shall not have any indemnification obligations to Dominick Fuel Inc. for any damages, injuries, or deaths to the extent that such damages, injuries, or deaths are caused by, or arise or result from, Dominick Fuels' negligence.
    
    
15. Entire Agreement — This Agreement constitutes the entire agreement between the parties hereto, and it supersedes any and all prior or contemporaneous negotiations, representations, agreements, or understandings, both written and oral, between the parties hereto with respect to the subject matter hereof, and neither party shall be liable or bound to the other in any manner by any representations not set forth herein. This Agreement may not be altered, modified, or amended unless done so by a writing signed by each party hereto.
    
    
16. Severability — If any term or provision set forth in this Agreement shall be determined to any extend to be invalid or unenforceable the remainder of this Agreement shall not be affected thereby, and each term and provision of the Agreement shall be valid and enforced to the fullest extent permitted by law.
    
    
17. Choice of Law — This Agreement, and all rights, obligations, and duties arising hereunder, and any disputes which may arise hereunder, shall be construed in accordance with, and governed by, laws of the State of CT.
    
    
18. Customer-Owned Tanks and Equipment — All terms and conditions stated herein shall apply to Customer-owned tanks and equipment except for paragraphs 1, 4, 5 and 6(a). Paragraphs 6(b) through 6(f), inclusive, shall apply not only to leased Equipment, but to Customer-owned tanks and equipment. Customer further agrees and acknowledges that Customer is solely and entirely responsible for the maintenance, servicing, and repair of all Customer-owned tanks and equipment and that Customer must comply with all applicable codes, rules, and regulations with respect to Customer-owned tanks and equipment. Dominick Fuel Inc. further reserves the right to refuse to deliver propane to any Customer-owned tanks or equipment that it finds to be unsafe or that otherwise fail(s) to meet applicable codes, rules, and regulations.
    
    
19. Landlord Responsibilities — Landlords agree to provide the safety warning brochure to all tenants, along with all other safety information provided by Dominick Fuel Inc. Dominick Fuel Inc. will provide additional copies of the safety information upon request.
    
    

Read More

AGREEMENT
If applicable, customer agrees to lease the container(s), meter, pump, and related equipment identified throughout this document as the "Equipment." Customer agrees to purchase from Dominick Fuel Inc. all of Customer's propane gas requirements for use at the applicable address indicated within this document, all in accordance with this Agreement, including the Terms and Conditions. Customer agrees to use the Equipment and propane gas products in accordance with the safety information provided by Dominick "Fuel Inc. as of the date of this Agreement up until the termination of this Agreement. Customer will not allow anyone other than Dominick Fuel Inc. to supply propane to any container being leased from Dominick Fuel Inc. Customer will not allow anyone other than Dominick Fuel Inc. to disconnect or move any container being leased from Dominick Fuel Inc.