NORTHERN NEW MEXICO GAS REVISED TERMS AND CONDITIONS FOR CUSTOMERS ARE SET FORTH BELOW. PLEASE READ THIS CAREFULLY AS IT MODIFIES OR REPLACES ALL PRIOR AGREEMENTS AND GOVERNS YOUR RELATIONSHIP WITH NORTHERN NEW MEXICO GAS COMPANY.
TERMS AND CONDITIONS FOR ONGOING PROPANE-RELATED SERVICES AND EQUIPMENT RENTAL
ACCEPTANCE OF THESE TERMS AND CONDITIONS. Your signature is not required. You (also referred to as “Customer” or “your”) are deemed to have accepted these revised Terms and Conditions by conducting business with the Northern New Mexico Gas Company (also referred to as “Company”, “us”, “we”, and “our”), which includes but is not limited to: (i) accepting or requesting propane delivery or propane- related services; (ii) paying a Company invoice; or (iii) allowing Company-owned equipment to remain on your property for at least thirty (30) days. Unless your propane supply agreement 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
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 30 DAYS OF YOUR FIRST RECEIPT OF THESE TERMS AND CONDITIONS, AS DESCRIBED BELOW.
TERM. Your term is the period of time for which you have agreed to maintain service with If you did not sign a customer contract, your term will be three years from the date on which you began service with Company (the “Initial Term”) and, unless terminated by either party, WILL AUTOMATICALLY RENEW YEAR-TO-YEAR THEREAFTER (the “Renewal Term”).
CUSTOMER-OWNED TANK AND EQUIPMENT. Provision 5B Tank Rent does not apply to a customer-owned tank ,cylinder, or equipment. SAFETY INFORMATION. Safety information is provided at www.propanesafetyfirst.com. We recommend you regularly visit this website 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 dial 9-1-1 and call our office at 800-916-2510, or 575-447-3161. We recommend purchasing a LP gas detector.
General Provisions. Company will lease and provide to you a propane storage tank or cylinder, regulator(s), and related equipment (“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 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. You agree that if you sell your residence, you will notify Company at least thirty (30) days in advance and will inform the buyer that Leased Equipment is owned by Company. Only propane sold by Company will be used with Leased Equipment. Leased Equipment will at all times remain the property of Company and will not become a fixture or a part of your real
Tank Rent. You agree to pay Tank Rent while the Leased Equipment is installed at your The amount of rent can vary depending on, among other things, the size of the tank, the location of the tank or equipment, and your annual usage.
Access to Equipment. Company will have an irrevocable right to enter your property without prior notice for deliveries of propane, servicing or removal of Leased Equipment, and you agree to provide Company with safe and unimpeded access to it, including but not limited to, access free of ice, snow, water, and other hazards. You will mark and identify the location of septic systems, leach pits, underground ponds and similar underground features. You agree to promptly surrender to Company all Leased Equipment upon termination of
Propane Meters. If you have a Company propane meter, you will be billed for your 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 is applied to customers who have
PROPANE SERVICE, MAINTENANCE, AND DELIVERY.
General 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, its employees, or the public. You agree that Company may lock off your equipment, the Leased Equipment, or suspend service if Company believes an unsafe condition exists.
Delivery Options. Company offers two types of propane delivery:
Keep Full – Company will determine when to make deliveries to your location, based upon a number of forecasting factors, including temperatures and 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 a Special Trip
Propane System Maintenance and Repair. You are responsible for the maintenance and repair of all equipment that you own, including compliance with applicable laws and 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.
Propane Fees. You agree to pay Company’s price per gallon of propane in effect when you place a Will Call order or maintain a Keep Full status, on the date of delivery. This price is set at Company’s discretion, and includes, among other things, 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. Company may apply other fees and charges depending on the services requested and/or required; contact our office for specific questions and fee
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 Company’s office within thirty (30) days of receipt. If you fail to timely pay all amounts owed to Company, Company may, add a monthly late charge of 1.5% of the average daily balance until paid and/or a late fee. If you fail to make a payment on your outstanding amount owed, Company may, after providing written notice to you, by mail or electronic mail, suspend service and/or place a lock on Leased Equipment and/or pick-up Leased Equipment. If Company places a lock on Leased Equipment, all amounts outstanding including a 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.
DISCLAIMER OF WARRANTIES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, TANK, CYLINDER, AND/ OR RELATED EQUIPMENT OR SERVICE OR 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.
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
TERMINATION OF PROPANE SERVICE. Unless otherwise specified, and subject to any volume commitment agreement, YOU MAY TERMINATE YOUR PROPANE SERVICE UPON THE PROVISION OF THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO COMPANY. IF YOU TERMINATE SERVICE PRIOR TO THE END OF THE INITIAL TERM, COMPANY WILL CHARGE YOU AN EARLY TERMINATION FEE OF $149.99. For customers with Leased Equipment, upon termination, in order to remove Leased Equipment Company will charge you a Service Dispatch Charge and a Pump-Out/Restocking Charge if the supply of propane remaining in the tank is more than 5% water
Unless required by law, Company does not repurchase propane remaining in the tank or provide customer refunds for any unused propane. Company, may however, in its sole discretion, repurchase the propane remaining in the tank in certain circumstances. If Company determines to repurchase the remaining propane, the repurchase price will be based upon the lower of the price per gallon that you paid or Company’s current price.
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.
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, 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 may allocate propane and equipment among its Customers in any manner that Company deems
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR INCIDENTAL, 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 LOSS SUSTAINED BY YOU AS A RESULT OF THE EXHAUSTION OF YOUR PROPANE SUPPLY, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR HOME OR PROPERTY RESULTING FROM WATER DAMAGE FROM FROZEN PIPES.
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, rates, 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 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).
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. Company may at its option, charge you for the value of the underground tank in lieu of physically removing the tank from your
CUSTOMERS WITH RESIDENCES THAT ARE NOT OCCUPIED YEAR-ROUND. IF YOU HAVE CHOSEN AUTOMATIC DELIVERY, IT IS DIFFICULT TO FORECAST HOMES THAT ARE NOT OCCUPIED YEAR-ROUND AS YOUR USAGE PATTERNS CHANGE. IT IS YOUR RESPONSIBILITY TO MONITOR THE PROPANE DISTRIBUTION SYSTEM ON YOUR PROPERTY YEAR-ROUND. COMPANY IS NOT LIABLE FOR DIRECT DAMAGES TO PERSONAL AND REAL PROPERTY (INCLUDING, BUT NOT LIMITED TO, DAMAGE RESULTING FROM FROZEN PIPES OR OTHER WATER DAMAGE) THAT OCCURS AS A RESULT OF THE EXHAUSTION OF PROPANE IN YOUR SYSTEM
NOTICE. Any notice by you shall be sent by U.S. mail, postage prepaid, to Company at P.O. Box 308, Raton, NM 87740. Notice to you may be in the form of a bill insert, stand-alone mailing, email or other written
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. FAILURE TO DO SO IS A BREACH OF THESE TERMS AND
YOUR CONSENT TO BEING CONTACTED. By providing a telephone number or email address, now or in the future, you agree that Company (and others on its behalf) may contact you at that email address by emailing you or at your telephone number via text message (whether manually or automatically dialed) and telephone call (whether manually or automatically dialed, and whether using a live, artificial, or pre- recorded voice) regardless of whether you will incur charges. You further agree that such communications may include, without limitation, delivery reminders, delivery confirmations, past-due account notices, tank lock, tank pick-up, account notifications, and attempts to collect any debts from you. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO SUCH COMMUNICATIONS IS A MATERIAL AND ESSENTIAL PART OF THIS AGREEMENT AND THAT YOU PROVIDED IT AS PART OF A BARGAINED-FOR