HomeMy WebLinkAboutC88-092 Ferrellgas equipment rent and gas sale agreementNAME OF CONSUM
INSTALLATION ADDI
MAILING ADDRESS
NO. 0365 -23
) POO C88 -92 -27
Ferrellgas
EQUIPMENT RENT AND GAS SALE AGREEMENT
PROPERTY OWNER'S NAME County of Eagle, State of Colorado
PROPERTY OWNER'S MAILING ADDRESS 'p P.O. Box 850, Eagle, Colorado 81631
Consumer requests Ferrellgas, hereinafter called the Company, to provide LP gas and service at the address indicated above and provide for use,
at this address, the following equipment / n
Tank (make) Size (in Gallons) Serial No. OGCo oL 1
Meter (make) Reading at installation Serial No.
Other equipment u
for use with the Company's LP gas products only. The Consumer and the Company agree that.the value of the above described equipment is $
PART C - "ADDITIONAL TERMS," on reverse side, and Part A or Part B, below are a part of this Agreement.
Part A - BULK SERVICE. Mark "X" in box if this agreement is for bulk service.
Lest OPTION EITHER OPTION 1 OR 2
OPTION 1: Consumer rents the bulk tank and related equipment for a minimum of one year from the date of this Agreement, and from year to year thereafter
or until this Agreement is terminated in accord with its termination provisions. The annual rent shall be $_ ZoLl. 400 , and is due now and payable each
BULK year annually in advance of the anniversary date of this Agreement. Company may change the amount of the annual rental charge by written notice to Consumer
SERVICE at least 30 days before any anniversary date. If the Consumer voluntarily terminates this Agreement rentals paid will not be refunded but may be credited to Consumer
at another location as provided under "ADDITIONAL TERMS." (See Page 2 for additional terms.)
OPTION 2: Consumer will rent the bulk tank and related equipment for a one time rental payment for as long as Consumer desires to use it and is in compliance
with the provisions of this Agreement. The one time rental payment of $ is due and payable now.
The following provisions apply to either of the above bulk system installation options, 1 or 2
1. Consumer agrees to purchase in the 12 month period, following the date of this Agreement, and annually thereafter, LP gas volumes equal to at least two
times the water capacity of the bulk gas tank covered by this Agreement. If the consumer fails to purchase an amount equal to two times the water capacity
of the tank, the Company has the option of terminating this Agreement or adjusting the rental amounts in options 1 & 2 above.
2. Consumer will pay the Company's current UP gas price in cash at the time of delivery or in accordance with such credit terms as shall have been extended
to Consumer by the Company by separate agreement.
3. Neither Consumer nor the property owner will cause or allow gas to be delivered into the Company's equipment covered by this Agreement by anyone other
than the Company.
4. The Company may make LP gas deliveries into the equipment whether or not Consumer is then present, and Consumer agrees to pay for such deliveries,
even though the delivery ticket has not been signed by (or for) the Consumer.
t, t,
Part B - METER GAS, Mark "X" in this box if this agreement is for Meter Gas Service.
EThe LP gas in the tank belongs to the Company. Consumer buys gas that passes through the meter and will pay the Company for the gas at prices set out
in the Company's then current established price schedule. There will be a monthly minimum charge of $ . At regular intervals, which will usually
METER be every 30 days, the Company will either read the meter and bill the Consumer for gas used since the last reading or the Company may send a card to the
GAS consumer who will read the meter and return the card to the company within 5 days after receipt so that the Company can prepare a billing. If the Consumer
does not read the meter correctly, the Company may estimate the amount of gas used. The Consumer is to pay the billing as presented. Any adjustments resulting
after a later actual reading of the meter will be made on later billings.
Ferrell as L
9.„ Signed this 6th day of , Sept. 19 88
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SEE BACK FOR ADDITIONAL TERMS AND7"T�
IMPORTANT SAFETY INFORMATION
FORM 03- LEG.101.1 AC'045 DISTRIBUTION: Whiw- Accounting Office, Yellow- Consumer, Pink - Regional or District Office
REV. 8 /8 ._. —..
Ferrellgas
Part C - ADDITIONAL TERMS:
The following terms shall be a part of this Agreement in addition to Part A or Part B, whichever `shall have been agreed upon by the
Consumer and the Company.
1. Consumer's payments under this Agreement do not include charges for installation, connection or disconnection of the rental tank
and equipment. In addition to the price of gas and the rental charge for the tank, there will be a charge for labor and materials for
tank and equipment installation.
2. Consumer and property owner agree that Company's representatives may enter upon the property owner's premises for the
purpose of making deliveries of LP gas, for access to equipment into which the gas is to be delivered, for removal of the Company's
property, in the event of default or termination of this Agreement, and for any other purpose related to this Agreement.
3. Consumer will pay all taxes, including personal property taxes, attributable to the gas and equipment during the period of this
Agreement; and pay for all loss or damage to, LP gas or equipment owned by the Company, except for damage to the leased
equipment resulting from ordinary wear and use. The cost of maintenance and repair required by ordinary wear and use will be
borne by the Company, subject to notice by customer of need for the same.
4. The Company's LP gas equipment is not to be moved, handled or tampered with in any manner by anyone not authorized by the
Company. The Company authorized Ferrellgas dealer or the Company must be called if maintenance or repair are necessary.
5. The Company is not responsible for damage caused by the LP gas or equipment including bulk. storage tanks and regulators, as a
result of conditions beyond Company control. The company is not responsible for failure to deliver gas in time of shortages, labor
unrest, riot or due to conditions beyond Company control.
6. Deliveries of LP gas will be made by the Company according to a delivery schedule established by the Company. If deliveries shat! `=°
be made by the Company at other times at the Consumer's request, the Consumer agrees to pay an extra charge for transportation.
7. This Agreement is not subject to transfer or assignment by the .Consumer in any manner and shall be subject to termination by
the Company if Consumer ceases to occupy or use the premises to which gas is delivered under this Agreement.
8. Either party may terminate this Agreement at any time, on 10 days' advance written notice delivered to the other party, even
though without cause specified in this Agreement. In any case where termination by the Company is authorized by this Agreement,
or in the event of Consumer's failure to comply with any other Agreement with the Company, or if consumer shall fail to make .
payment to the Company in accordance with its credit terms applicable to consumer, the Company may terminate either the lease
of the Company's equipment or sale of LP gas, or both, without prior notice. This agreement shall terminate upon their filing of either
a voluntary or involuntary petition for relief of customer under the Bankruptcy Act.
If "Part A - Bulk Service" applies to this Agreement, Consumer agrees to pay for all gas delivered before termination by the Company
or before termination by Consumer on 10 days' advance written notice received by the Company. If "Part B - Meter Gas" applies to
this Agreement, Consumer agrees to pay for all gas passed through the meter before termination by the Company, or before -
termination by Consumer on 10 days' advance written notice received by the Company.
Upon termination, in addition to any other remedy it may have, the Company may adjust or disconnect the equipment to stop
withdrawal of LP gas from the tank, repossess the Company's equipment, and repossess and dispose of any LP gas left in the tank
as the Company sees fit.
Rental payments, or portions thereof, which have been paid for any remaining part of the rental period after termination due to the
Consumer's move to another location, will be credited by the Company toward any future equipment rental charges if the Company
shall, within 90 days, provide rental equipment for the Consumer at another location. In addition, the disconnection charge will be
credited to a consumer who within 90 days of disconnection becomes a Ferrellgas customer at another locati n payments
made by the Consumer will not be otherwise credited or paid to the Consumer, but will be reta Ufte#,urnOrig. Iny
9 Tte 'Consumer will pay all costs incurred by the Company to enforce any of the provisions o sonable
attorneys fees.