1. Propane Safety Brochure. Lessee acknowledges receipt of the propane safety brochure entitled “Important Propane Safety Information.” It contains important safety information that must be shared with all members of the household. If Lessee does not have this brochure, call Lessor and it will be mailed to Lessee. Lessee agrees to read, share and understand the “Important Propane Safety Information” brochure. Combustible gas detectors and carbon monoxide detectors are available at many retail stores. With proper placement and maintenance, they can provide an added measure of safety. Always follow all manufacturers’ instructions.
2. Credit Check. Lessee authorizes Lessor to obtain credit information regarding Lessee from credit reporting agencies at any time.
3. Amendment. Lessor may amend these terms and conditions at any time upon notice to Lessee. Any such amendment will become effective thirty (30) days after Lessee is sent such notice. Lessee’s acceptance of propane deliveries and/or use of equipment after notice of any such amendment also constitutes acceptance of such amendment. These terms and conditions are not subject to change by Lessee.
4. Late Charge/Excuse. All account balances not paid in full within thirty (30) days of their due date are subject to a service charge equal to one and one-half percent (1-1/2%) per month, corresponding to an annual percentage rate of eighteen percent (18%). Both parties agree that Lessor is entitled to collect attorneys’ fees and related costs if an action is undertaken to collect a past due account. Neither party is responsible for failure or performance of these terms and conditions if prevented from doing so by acts of God, floods, fires, explosions or storms; transportation difficulties, or strikes; exhaustion, reduction, allocation, unavailability or delay in delivery of propane or any other cause beyond its control.
5. LIABILITY LIMITATIONS. LESSOR SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS OR INVESTMENT, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND EVEN IF LESSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LESSOR AND LESSEE. IN ADDITION, THE LIABILITY OF LESSOR SHALL IN ALL INSTANCES BE LIMITED TO THREE (3) TIMES THE TOTAL AMOUNT PAID BY LESSEE TO LESSOR DURING THE PRIOR TWELVE (12) MONTH PERIOD. LESSOR IS NOT LIABLE FOR ANY LOSS SUSTAINED BY LESSEE AS A RESULT OF THE EXHAUSTION OF LESSEE’S PROPANE SUPPLY, INCLUDING, WITHOUT LIMITATION, DAMAGE TO LESSEE’S HOME OR PROPERTY RESULTING FROM WATER DAMAGE FROM FROZEN PIPES.
6. Indemnification. Subject to the limitations set forth in Section 5 above, both Lessor and Lessee 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 a breach of these terms and conditions, a failure to comply with applicable law, or any negligent act or omission on the part of that party, its agents or employees.
7. Governing Law. These terms and conditions are governed by, enforced in accordance with, and interpreted under, the substantive laws of the State of Iowa, without reference to conflicts of laws principles that might refer to the law of another jurisdiction.
8. Severability. If any provision in these terms and conditions shall be held invalid, illegal or unenforceable to any extent, the remainder of these terms and conditions (other than the affected provision) shall be enforceable to the fullest extent permitted by law.
9. Entire Agreement. These terms and conditions, together with the Equipment Lease Agreement, contain the entire understanding of the parties with respect to its subject matter and supersede all prior agreements, arrangements and understandings relating to the subject matter hereof.