
Terms & Conditions
J.J. Propane, Inc Terms & Conditions
Last Updated June 9, 2025
WEBSITE TERMS OF USE
J.J. Propane maintains this Site for your information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video, without J.J. Propane' written permission. Your access to and use of the Site is also subject to the following terms and conditions and applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms & Conditions. If you have any questions about this site or these Terms of Use, please email us: jjpropaneinc at gmail.com.
ELIGIBILITY TO USE THE SITE
You represent and warrant that by accessing the Site you (i) are over the age of 18 years old and of the age of majority in your jurisdiction of residence; (ii) have not previously been suspended or removed from the Site; (iii) will only provide us with true, accurate, current and complete information in the event you create an online account, inquire about our Services, or place an order for Services; (iv) have legal authority to agree to the Terms of Use and that, by doing so or doing business with us you will not violate any applicable laws or other agreement to which you are a party; and (v) consent to processing of information in the United States. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
COMPLIANCE WITH LAWS
By downloading from or using the Site, you agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
GOVERNING LAW
The Site is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. J.J. Propane makes no representation that the Site is governed by or operated in accordance with the laws of any other nation. Any controversy or claim arising out of or relating to these Terms of Use, including the Privacy Policy (which is incorporated herein by reference), or this Site or the use thereof, shall be governed in all respects by the laws of the State of Missouri, and any litigation, arbitration, or other dispute resolution proceedings shall take place in the state or federal courts of Greene County, Missouri.
FORWARD-LOOKING STATEMENTS
Information on the Site, other than historical financial information, may consist of forward-looking statements that involve risks and uncertainties. These statements may differ materially from actual future events or results. For instance, factors that could cause results to differ from these statements include the rate of adoption of new technology, competitive pricing actions, and marketing programs, among others.
NO WARRANTY
THIS SITE AND ALL MATERIAL AND CONTENT ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Without limiting the foregoing, J.J. Propane does not promise or warrant to you that any aspect of the Site and system will work properly or will be available continuously. J.J. Propane also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
While J.J. Propane uses reasonable efforts to include accurate and up-to-date information in the Site, J.J. PROPANE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS AND CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
LINKS TO THIRD PARTY SITES
Certain links in this Site may let you leave this Site for websites, web pages or services not operated by J.J. Propane or its affiliates ("Third Party Sites"). Third Party Sites are not under the control of J.J. Propane and J.J. Propane is not responsible for the contents of any linked Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. J.J. Propane is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by J.J. Propane of the site.
RIGHT TO UPDATE
J.J. Propane may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
PRIVACY
J.J. Propane recognizes and respects the importance of maintaining the privacy of visitors to our Site. In our Privacy Policy we describe why we gather visitor and customer information, what information we collect, how we collect it, what we use the information for, and the steps we take to protect your information. You can find the Privacy Policy linked on every page of our website and here: www.jjpropane.com/privacy. By using this Site you agree to the terms of our Privacy Policy.
LIMITS ON J.J. PROPANE'S ABILITIES
A Website such as this one can never be perfect, and thus J.J. Propane may inadvertently use or disclose your information in ways not contemplated by Terms of Use and our Privacy Policy, or even in direct contravention of it. For example, there could be a glitch in the software that could result in an unintended disclosure, or J.J. Propane might also make ad hoc use of your information in ways it can't contemplate here. J.J. Propane uses industry-standard methods of securing its database of user information, such as, if and where appropriate, firewalls and limits on who can access user information databases.
However, please keep in mind that there is no such thing as perfect security on the Internet. J.J. Propane will do its best to work with you if such situations arise, but your sole remedy in these cases is to have J.J. Propane try to rectify the problem as soon as it can. In addition, although highly unlikely, it is possible for Internet transmissions containing your personal information to be intercepted by others. It is impossible for J.J. Propane to ensure the privacy and security of all transmissions made to and from the Site while in transit.
J.J. Propane does not control the privacy policies of the sites to which it provides links, and you should be aware that if you click through to such a site, you will be subject to that site's privacy policies.
CORRECTIONS
If you would like to update or correct information previously provided to us, log into your online account and update your information.
YOUR CONSENT AND CHANGES TO THIS POLICY
Subject to the above provisions, by using our Website, you consent to the collection and use of information by us. If we decide to change our Website Terms of Use or Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we may disclose it.
YOUR COMMENTS
J.J. Propane welcomes your comments and feedback concerning its Terms of Use and Privacy Policy.
BUSINESS TERMS OF USE
THE J.J. PROPANE TERMS AND CONDITIONS FOR ALL CUSTOMERS ARE SET FORTH BELOW. PLEASE READ THIS CAREFULLY, AS IT IS INTENDED TO GOVERN YOUR (ALSO REFERRED TO AS “CUSTOMER” OR “YOU”) RELATIONSHIP WITH J.J. PROPANE, INC (ALSO REFERRED TO AS “J.J. PROPANE”, “COMPANY”, “US”, “WE”, AND “OUR”).
TERMS AND CONDITIONS FOR ONGOING PROPANE-RELATED SERVICES AND EQUIPMENT RENTAL
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 Terms and Conditions in their entirety. Your Agreement, if applicable, and these revised Terms and Conditions are collectively referred to herein as the “Terms and Conditions.” If you find these Terms and Conditions unacceptable, you may reject this offer by terminating your service. These Terms and Conditions incorporate our Privacy Policy, which can be found at jjpropane.com/privacy-policy. 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 17.
2. SAFETY INFORMATION. Your safety is our top priority. Please read this notice and refer to it as needed. As your propane provider, we are required to provide this safety information to help protect you, your family, and your property.
A. PROPERTIES OF PROPANE GAS:
Propane is a flammable gas that can cause fires and explosions.
Propane is heavier than air and can collect in low places (along the floor, in basements, etc.).
Propane has been odorized so you can smell it.
B. IF YOU DETECT AN ODOR:
Open windows and doors to increase ventilation.
DO NOT light matches or cigarettes.
DO NOT operate switches, electrical appliances, thermostats or telephones. They may cause a spark to ignite escaping gas.
Check to be sure all pilots are burning.
If the source has not been detected, get everyone out of the building and shut off the propane supply at the container.
Call us from a neighbor’s phone. DO NOT go back in the building.
C. REMEMBER THIS ABOUT PROPANE’S ODOR:
Some people are unable to detect the odorant in gas.
Colds, allergies and sinus congestion can all affect your sense of smell.
Tobacco smoke or strong cooking odors can cover up other odors.
The use of tobacco, alcohol or drugs may also affect your sense of smell.
D. REMEMBER:
NEVER tamper with your appliances and related equipment. All repairs must be done by our qualified service technicians.
If appliance control has been exposed to water – it must be replaced by our service technician immediately.
All gas appliances must be installed by qualified service technicians.
DO NOT remove gas appliances, as all open gas lines must be plugged, capped or removed completely.
You are responsible for providing all occupants of your delivery locations with this safety information provided by Company and for ensuring all occupants are familiar with the odor of propane. 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 (417) 732-7173. We recommend purchasing a Liquid Propane (LP) gas detector and a Carbon Monoxide detector.
3. CUSTOMER OWNED TANK DISCLAIMER. Company is responsible for the delivery of product to the receiving pipe or outlet designated by the customer. Customer agrees that neither the Company nor its employees or agents are or shall be liable under any circumstances for any damages resulting from leaks or for the failure of the receiving tank or associated piping or any other matter including damage sustained to customer’s yard areas, walkway, and driveway by trucks during delivery.
4. LEASED EQUIPMENT.
A. LEASING PAYMENT TERMS. Customer agrees to pay the Company an annual rental equal to the annual rental fee established by the Company and in effect at the time of this agreement and at each subsequent renewal period. Said annual rental shall be payable in advance, to cover delivery and use of the LP Gas tank for a period of one year. The initial term for this agreement shall be one year and the agreement shall be considered automatically renewed at the end of each term for an additional one year period upon receipt by the company of the yearly rental fee.
B. TANK OWNERSHIP. The said tank shall remain the sole property of the Company free of all claims of whatsoever character of or against Customer and the parties specifically agree that said tank is personal property and shall not become a part of the realty where installed. The said tank shall not be changed, removed, or reinstalled except by the Company, and Customer agrees not to delete or remove any identification marks from the tank. The Customer agrees to pay all taxes and special assessments levied against such equipment while in his possession. In the event that the Customer moves or the premises on which the tank is installed is sold or transferred, Customer agrees to immediately notify the Company along with the name and contact information for the new owner or occupant.
C. PROPANE FILL REQUIREMENTS. Customer agrees to use only gas purchased from the Company of the said tank and Customer will not allow or authorize other companies or their agents to connect to or dispense into or remove product from said tank. Customer also agrees to order no fewer than two tank refills per year.
D. RIGHT TO TEMRINATE. The Company may at any time with or without notice treat this Agreement as terminated and remove said tank from the premises of the Customer without refund of any portion of the rental fee but giving credit for customer’s gas in said tank less any charges associated with the pick-up and return of said tank, if Customer fails to pay gas bills in accordance with Company credit terms or rental fee in full, or Customer used LP Gas in said tank purchased other than from the Company, or Customer moved from the premises where the said tank is installed, or Customer violates any provision of this Agreement.
E. PROPERTY CONSENT. Customer consents to the Company’s entrance on the premises for the purposes of installing, delivering product, or removing said tank and agrees that the Company shall not be liable for any injury or damages to any property of the Customer by reason of such entry or repossession or removal. If said tank shall be withheld from the Company by the Customer, or the Company shall not be able to locate the said tank to repossess, then, in either event, the Customer shall be liable to the company for the current retail value of the installation.
F. DAMAGE LIABILITY. Company shall not be liable for results or damages arising by any reason of non-Company portion of any installation, including appliances, nor for adjustments connections or disconnections, nor for any form of tampering with the system, piping, or appliances by any person other than Company employees and if Customer permits any such, Customer agrees to hold Company harmless on account thereof.
G. LEGAL COSTS. Should it become necessary for the Company to repossess said tank through an attorney or the legal system or otherwise employ an attorney or seek legal means to enforce its rights under this Agreement, then in that event Customer agrees to pay all costs and reasonable attorney’s fee so incurred by the Company.
H. REFUNDS. Should this Agreement be terminated for any reason prior to expiration of the term of this Agreement, no advance rental payments will be refunded.
5. TANK MONITORING. If you have a Company tank monitor installed in connection with the Leased Equipment or Customer-Owned Equipment, we collect your tank telemetry, which includes, but is not limited to, your location information (GPS location of tank monitor) and your tank’s propane levels. The tank monitor will at all times remain the property of Company or its service providers and will not become a fixture or a part of your real property.
6. PROPANE SERVICE, MAINTENANCE, TRAINING, 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 or authorized representatives, your property, or the public. You agree that Company may lock off Customer-Owned Equipment, the Leased Equipment, and/or suspend service if Company believes an unsafe condition exists.
B. ACCESS TO EQUIPMENT FOR DELIVERY AND SERVICE. Company and its authorized representatives will have an irrevocable right to enter your property without prior notice for deliveries of propane, meter reading, equipment installation, inspections, and servicing or removal of Leased Equipment. You agree to provide Company and its authorized representatives with safe and unimpeded access to the propane 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 or service. You agree not to erect structures, fences, or other improvements and not to plant or grow trees or shrubs that restrict access to the Leased Equipment and any Customer-Owned Equipment. If access across a customer-owned bridge or driveway is required, you are required to ensure that the bridge or driveway will safely accommodate the weight of the delivery or service vehicle and to ensure that the bridge is accessible for safe crossing by the delivery or service vehicle prior to delivery. We will not complete your delivery if J.J. Propane does not have safe and unimpeded access to your property and the propane system. You will mark and identify the location of septic systems, leach pits, underground ponds, and similar underground features.
C. ADVERSE WEATHER OR REMOTE AREAS. You are required to remove all snow from Leased Equipment or Customer-Owned Equipment in areas that experience snowfall so that we may access the Leased Equipment or Customer-Owned Equipment to make a delivery or complete service work. You are required to keep the Leased Equipment or Customer-Owned Equipment free from snow and ice or other hazards. Your delivery or service may be significantly delayed if there are adverse weather conditions, such as floods, heavy snowfall, or hurricanes, or if the delivery/service address is in a remote area.
D. DELIVERY OPTIONS. Company offers two types of propane delivery:
i. Autofill – Under this delivery option, Company will make deliveries to you on either a fixed-cycle basis or when we estimate you will need propane. Our estimate is based upon a number of forecasting factors, including temperatures and usage patterns. To ensure accurate forecasting, please update Company with any changes in your usage. Weather conditions or changes in your circumstances can significantly affect your propane use. You must continue to monitor your available propane, especially if you have had a period of high usage. Company will determine, in its sole discretion, if you are an appropriate fit for automatic delivery and may, at our option, remove you from automatic delivery at any time and require you to place orders via our Will Call delivery option.
ii. 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. We may adjust this percentage from time to time, due to weather or other factors. Please check our website for current order placement recommendations. Most Will Call deliveries are made within five (5) business days after you place an order. Weather and other factors may affect delivery times. Company assesses a Will Call Convenience Fee per delivery. If you provide us with less than seven (7) days’ notice that a delivery is needed, we may not be able to meet your schedule. Expedited delivery requests may be assessed an Emergency Delivery Fee and if you do not place your order on time, you may incur additional costs if we are required to perform a leak check.
E. CUSTOMER-OWNED EQUIPMENT. You are responsible for the maintenance and repair of all equipment that you own (“Customer-Owned Equipment”), including compliance with all applicable federal, state, and local laws, statutes, rules, and regulations, as well as all applicable safety codes, standards and regulations, and manufacturer-recommended maintenance. You are required to notify us of any work on any part of your propane system or related appliances or equipment, including but not limited to repair, removal, installation, adjustment, modification, maintenance, and/or service of any part of the propane system and/or related appliances or equipment. It is your obligation to follow all applicable safety practices and to visually inspect your propane system and equipment regularly, and to notify us if you detect any problems. J.J. Propane has no responsibility for the continuing inspection and maintenance of your propane system.
F. SAFETY AND TRAINING. Customer will properly train each of its employees or agents who handle propane how to safely use propane, propane-related equipment, Leased Equipment, and/or Customer-Owned Equipment. CUSTOMER WILL NOT ALLOW ANYONE TO HANDLE OR USE PROPANE, PROPANE-RELATED EQUIPMENT, LEASED EQUIPMENT, OR CUSTOMER-OWNED EQUIPMENT, UNLESS AND UNTIL THAT INDIVIDUAL HAS BEEN PROPERLY TRAINED TO DO SO. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO DETERMINE WHETHER ITS EMPLOYEES OR AGENTS ARE PROPERLY TRAINED IN ACCORDANCE WITH ALL APPLICABLE LAWS, REGULATIONS AND STANDARDS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS PERTAINING TO HAZARDOUS MATERIALS OR SAFE WORKING CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PROMULGATED BY THE U.S. DEPARTMENT OF LABOR AND OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA), OSHA'S HAZARD COMMUNICATION STANDARD (HAZCOM), AND TO DEVELOP AN EMERGENCY RESPONSE PLAN FOR LEAKING FLAMMABLE GASES, SUCH AS PROPANE. While Company may provide safety information to Customer, such information is only intended to be a reference and general overview, and not a substitute for additional safety training or instruction that may be necessary. If Customer fails to comply with any portion of this information, Customer agrees that it shall be solely responsible for any and all injuries (including death) or damages that result, and Customer will indemnify, defend and hold Company harmless from all Claims, including those Claims brought by Customer’s employees or agents.
7. SERVICE, INSTALLATION, AND REPAIR.
A. INSTALLATION AND STARTING SERVICE. For both Leased Equipment and Customer-Owned Equipment, we may install the equipment, upon our mutual agreement, and the cost of installation will generally be charged to you at our then-current rates. You may be charged a Site Survey Fee if a site survey is required prior to installation. We may perform a Safety Assurance Check in accordance with our policies prior to starting the delivery of propane to any new customer and at such other times as we determine is necessary, in our discretion. The cost of the Safety Assurance Check will be charged to you at our then-current rates. For new customers with Customer-Owned Equipment, if we determine that there is an issue with your propane system, you must fix the problem at your expense before propane service may begin.
B. MAINTENANCE AND REPAIR. (a) Leased Equipment. We will maintain and repair ordinary wear and tear of Leased Equipment at our cost, but you are responsible for any damage to the Leased Equipment while it is on your property that is beyond ordinary wear and tear. If Company is required to fix damage to Leased Equipment beyond ordinary wear and tear, you will be billed for the work in accordance with Company’s then-current labor rates and parts charges and other fees and charges. (b) Customer-Owned Equipment. J.J. Propane may perform maintenance, repair, testing, diagnostic, or inspection services on Customer-Owned Equipment, at your request and upon our mutual agreement, from time to time. You agree to pay for any maintenance, repair, testing, diagnostic or service work, or parts provided by Company in accordance with Company’s then-current labor rates and parts charges and other fees and charges. For more information about the cost of our maintenance, repair, testing, diagnostic, or inspection services, please call us at (417) 732-7173.
8. PRICING, FEES, AND CHARGES.
A. PRICE. Unless you enter into a pricing agreement with us, you agree to pay Company’s price per gallon of propane in effect for you on the date you place an order for Will Call deliveries, or for Autofill deliveries, the Company’s price per gallon of propane in effect for you on the date of delivery. Your price is set by Company in our discretion, and includes, among other things, our taxes, our costs to procure the propane, freight, and transportation. Your price per gallon is specific to you and may vary depending on a number of factors which will vary over time, including but not limited to, the volume of propane you purchase, customer classification, delivery type, location, propane tank ownership, and competitive conditions. Company reserves the right to set its price per gallon and to vary that pricing among its customers at its sole discretion. We encourage you to review information on our website or contact (417) 732-7173 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. Unless you enter into a pricing agreement with us, you understand and agree that, unless otherwise stated by Company in writing, any price quoted by Company on or prior to the Agreement date applies only to Customer's first delivery of propane and that your price for subsequent deliveries could vary with each such delivery.
B. CURRENT FEES AND CHARGES. Company may apply other fees and charges depending on the services requested and/or required. Please contact us at (417) 732-7173 for specific questions and updated amount information. J.J. PROPANE FEES AND CHARGES 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.
C. LICENSE, PERMIT AND TAXES. Customer is responsible for obtaining and paying for all necessary licenses, permits, or government approvals in connection with the sale, installation, storage, or use of propane sold or equipment leased hereunder and shall pay all taxes imposed by governmental entities in connection with the same.
9. PAYMENT TERMS, LATE FEES, AND CREDIT CARD SURCHARGE. You agree to pay the invoiced amount on or before the due date indicated on the invoice. If you pay by credit card, Company may, unless prohibited by law, impose a credit card surcharge which will not be greater than our cost of acceptance and will not be imposed on other forms of payment such as ACH, debit card or third party payment-options. To avoid paying the credit card surcharge, alternative payment methods are available such as check, ACH, or debit card. If you dispute an invoice, you must notify us at (417) 732-7173 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. 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 and/or disconnect your meter. 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. The parties specifically agree that these Terms and Conditions 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 these Terms and Conditions 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 these Terms and Conditions are the types of payments described in Section 546(e) of the Bankruptcy Code and are not subject to avoidance in any bankruptcy case. Fees related to delivery include but may not be limited to:
Out of Gas Fee, charged for deliveries to completely propane tanks containing less than one (1) gallon: $75
After Hours Fee, charged for deliveries made outside of normal business operating hours due to Customer request: $155
Holiday Delivery Fee, charged for deliveries made on holidays due to Customer request: $250
Safety Check Fee, charged for checking Customer-owned equipment for safety at Customer request: $75
Returned Check Fee, charged when Customer payment by check is returned unpaid: $35
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE (I) FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, OR LOSS OF BUSINESS INVESTMENTS, OPPORTUNITIES, OR GOODWILL, OR (II) FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, EXTRAORDINARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE, EVEN IF COMPANY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. COMPANY IS NOT LIABLE AND CUSTOMER SHALL HOLD COMPANY HARMLESS FOR ANY DIRECT OR INDIRECT LOSS SUSTAINED BY CUSTOMER, OR ANYONE TO WHOM CUSTOMER ASSIGNS CUSTOMER’S RIGHTS, AS A RESULT OF THE EXHAUSTION OF CUSTOMER’S SUPPLY OF PROPANE INCLUDING WITHOUT LIMITATION, DAMAGE TO REAL PROPERTY, BUSINESS ASSETS, OR PERSONAL PROPERTY RESULTING FROM WATER DAMAGE CAUSED BY FROZEN PIPES.
11. 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.
12. INDEMNIFICATION. Each party (as the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its predecessors, parents, subsidiaries, affiliates, successors, and assigns, and its and their officers, directors, employees, and agents (together, the “Indemnified Parties”) from and against all third party claims, demands, suits, damages, obligations, settlements, and judgments, including costs and reasonable attorneys’ fees (together, “Claims”), that arise out of or relate to injuries (including death) or damages to either person or property to the extent arising from (i) any negligent act or willful misconduct of the Indemnifying Party or its agents, servants, or employees, (ii) any breach of these Terms and Conditions by the Indemnifying Party or its agents, servants, or employees, or (iii) any failure to comply with laws by the Indemnifying Party or its agents, servants, or employees. If an indemnification obligation is caused by the negligence of both the Indemnifying Party and any Indemnified Party, the apportionment of said liability shall be allocated between the parties based on the comparative degree of each party’s negligence.
13. INSURANCE. Non-Residential Customers will maintain comprehensive general liability insurance in an amount of not less than $1,000,000 combined single limits with financially sound insurance providers (as evidenced by an AM Best rating of A-/VIII or better), naming Company as an additional insured. Customer will maintain worker’s compensation coverage in the amount required by law. The minimum limit for Customer does not represent Company’s belief that it is adequate for Customer’s operations. Customer shall furnish a certificate of insurance to Company evidencing all required coverages and Company’s status as an additional insured. All such policies of insurance shall provide that the insurance coverage thereunder shall not be reduced or cancelled or otherwise changed prior to the 30th day following the delivery by the insurer of a written notice of such action to Customer and Company. The coverage under Customer’s policies of insurance shall be primary to any other insurance maintained by Company that may be in effect. The failure by Company to request proof of such insurance shall not constitute a waiver of Customer’s obligation to maintain such insurance.
14. TERMINATION OF PROPANE SERVICE.
A. GENERAL CONDITIONS. Unless otherwise specified, and subject to any volume commitment agreement, your propane service may be terminated for convenience by you at the end of the Initial Term or Renewal Term upon the provision of thirty (30) days’ prior written notice to 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 beginning of your term, 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. If you are leasing equipment, you agree that if you sell your property, you will notify Company at least thirty (30) days in advance of closing and will inform the buyer that the Leased Equipment is owned by Company and will remain on the property.
B. LEASED EQUIPMENT. For customers with Leased Equipment, upon termination, in order to remove Leased Equipment, Company will charge you a Tank Pickup Fee. Company may repurchase the propane remaining in Leased Equipment (excluding Customers using propane for temporary heat or motor-fuel cylinders) upon termination if the supply of propane remaining in the tank at the time of termination of service and removal of Leased Equipment is more than 5% of the water capacity of the tank and the following requirements are met: (1) you must notify us at least thirty (30) days in in advance that you will be terminating service,; and (2) the Leased Equipment will not remain on the property for the next resident. If all the above requirements are not met, Company may not repurchase the propane remaining in Leased Equipment upon termination, unless required by law. If you are moving out of your residence and Leased Equipment remains on the property, Company will not repurchase the remaining propane in Leased Equipment, unless required by law, and the remaining propane should be included in any transfer of the residence to the new resident. If Company repurchases the remaining propane, the repurchase price will be the price per gallon that you paid for your last delivery. Company may at its sole discretion repurchase the remaining propane from you in the event the requirements above are not met.
C. NOTICE. 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, authorized representatives, you, or the public. You are responsible for paying all amounts owed to Company, even after termination of service.
15. 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, or other adverse weather or environmental condition, epidemics, pandemics, or other health crises, explosion, power blackout, equipment failure, 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.
16. CHANGES TO THE TERMS AND CONDITIONS. Company reserves the right to amend, modify, 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, stand-alone mailing, online account notification, or other written notification. You agree that the amendment or modification will become effective thirty (30) days after you receive the notice unless you contact J.J. Propane in writing prior to its effective date and terminate service. 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 are 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).
17. CUSTOMERS WITH UNDERGROUND LEASED TANKS. You are responsible for the excavation of Leased Equipment and for furnishing fill, resurfacing, landscaping, or restoring your property to its previous condition upon removal. Following the excavation of the Leased Equipment, Company will schedule the removal and bill all applicable charges and fees for which you will be responsible. You and Company may mutually agree that Company will sell you the underground tank in lieu of physically removing the tank from your property.
18. 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 as Customers, 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 Arbitration Agreement 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 AGREEMENT, 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 PO BOX 14560, Springfield, MO 65814. 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 the code of procedures in effect at the time the arbitration is initiated (the “JAMS Rules”). 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 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 IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION AGREEMENT.
19. 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 these Terms and Conditions 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.
20. NOTICE. Any notice by you shall be sent by U.S. mail, postage prepaid, to Company at PO BOX 14560, Springfield, MO 65814. Notice to you may be in the form of a bill insert, stand-alone mailing, email, or other written notification.
21. WAIVER. If we delay in exercising any of our rights, Company 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 Customer.
22. 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.
23. 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. 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 messages and calls, please call Company at (417) 732-7173.
24. GOVERNING LAW. All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.
25. SURVIVAL. Terms & Conditions regarding payment and notice shall survive termination of your relationship with Company, which includes your permission for Company to contact you to collect any debts owed or arrange your return of Leased Equipment.