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Terms and Conditions

THE CLEAN GAS REVISED TERMS AND CONDITIONS ARE SET FORTH BELOW. PLEASE READ THIS CAREFULLY, AS IT IS INTENDED TO MODIFY AND/OR REPLACE ALL PRIOR AGREEMENTS AND GOVERNS YOUR (ALSO REFERRED TO AS “CUSTOMER” OR “YOU”) RELATIONSHIP WITH CLEAN GAS LTD. (ALSO REFERRED TO AS “CLEAN GAS”, “COMPANY”, “US”, “WE”, AND “OUR”). YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF SECTION 7 (LIMITATION OF LIABILITY). THESE TERMS AND CONDITIONS FOR ONGOING PROPANE-RELATED SERVICES AND EQUIPMENT RENTAL SHALL APPLY TO RESIDENTIAL AND BUSINESS CUSTOMERS OF CLEAN GAS. By accepting delivery or supply of propane or propane related services from Clean Gas or in Clean Gas cylinders, you agree to be bound by these Terms and Conditions. 

1. TERM.

Your term is the period of time for which you have agreed to maintain service with us. If you did not sign a customer agreement, your term will be one year from the date on which you began service with the Company by receiving your first delivery of propane (the “Initial Term”) and WILL AUTOMATICALLY RENEW FOR 6-MONTHS THEREAFTER (each a “Renewal Term”) unless either you or the Company provides the other with advance written notice of non-renewal at least thirty (30) days prior to the end of the Initial Term or the then-current Renewal Term. Your notice of non-renewal can be provided to the Company in any of the following ways: (1) by email to [email protected] or; (2) postage prepaid, to Company Clean Gas at Box 30110, Grand Cayman, KY1-1201 Attn: Customer Service.

2. SAFETY INFORMATION.

Safety information is available on our website (www.cleangas.ky/safety) we can also e-mail it to you upon request. We recommend you regularly visit CleanGas.ky/safety 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 evacuate the premises and dial 9-1-1. You should also contact Clean Gas (233-4427).

We recommend purchasing a LP gas detector and a Carbon Monoxide detector.

3.LEASED EQUIPMENT.

A. General Provisions. The Company will lease and provide to you a propane storage tank or cylinder, first stage or twin-stage regulator(s) (unless otherwise agreed in writing), and, if applicable in the Company’s sole discretion, the Company may lease and provide to you a tank monitor or propane meter (collectively, the “Leased Equipment”). In its sole discretion, the Company may exchange the Leased Equipment for other equipment more compatible with Customer’s actual use. Unless you and the Company otherwise agree in writing, the Leased Equipment does not include any equipment beyond the tank, including the propane lines. 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 the Company immediately if you suspect that the Leased Equipment is damaged, malfunctions or if you experience any problems. In accordance with Clean Gas’ commitment to safety, you agree that all Leased Equipment will be used exclusively for the receipt and storage of propane supplied by Clean Gas. You agree that if you sell your residence, you will notify the Company at least thirty (30) days in advance and will inform the buyer that the Leased Equipment is owned by the Company. The contract between you and Clean Gas is personal to you and cannot be assigned by you. Leased Equipment will at all times remain the property of the Company and will not become a fixture or a part of your real property. You agree to promptly surrender to the Company all Leased Equipment upon termination of service.

B. Tank Rent. You agree to pay tank rent (“Tank Rent”) once per year while the Leased Equipment is installed at your residence. The amount of Tank Rent can vary depending on, among other things, the size of the tank, the location of the residence, and your annual  one year Tank Rent may be increased on an annual basis due to inflation or other factors. For certain Customers who entered into prior minimum use arrangements with Company, Tank Rent is waived if they meet certain minimum propane use requirements.

C. Access to Equipment for Delivery and Service. You grant the Company and its authorised representatives the right to enter your property without prior notice for deliveries of propane, meter reads, and inspection, maintenance, investigation, servicing, modification, alteration or removal of the Leased Equipment. If your service is terminated or suspended, you agree that the Company or its authorised representatives shall have the authority to enter or have access to the property to disconnect and/or remove the Leased Equipment, as applicable. You agree to provide the Company with safe and unimpeded access to it, including but not limited to, access free of pets, and other hazards, and you will ensure that entry gates are unlocked prior to delivery. Your delivery may be delayed if Clean Gas does not have safe and unimpeded access to your property. You will mark and identify the location of septic systems, leach pits, underground ponds and similar underground features. The Company will not be held responsible for any loss or damage caused by or contributed to by your failure to properly mark and identify the location of such systems and features.

D. Propane Meters. If you have a Company propane meter installed in connection with any Leased Equipment, you will be billed for your monthly propane usage. The 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 as defined in Section 5.B. below applies to customers who have meters.

E. Damage to Leased Equipment. If the Leased Equipment is lost or damaged, you will be held responsible for repairs and/or replacement of the Leased Equipment.

4. PROPANE SERVICE, MAINTENANCE, AND DELIVERY.

A. General Conditions. The 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, the Company’s employees or contractors, your property, or the public. You agree that the Company may lock off your equipment, the Leased Equipment, and/or suspend service if the Company believes an unsafe condition exists.

B. Delivery Options. The Company offers two types of propane delivery:

• “Automatic” – Under this worry-free Automatic delivery option, the Company will make deliveries to you on either a fixed-cycle basis or upon a number of forecasting factors, including temperatures and usage patterns. To ensure accurate forecasting, please update the Company with any changes in your usage, including but not limited to, the number and type of appliances you use. If you have a residence that is not occupied year-round, please see Section 15 for further information about this delivery option.

• “Will Call” – Under this Will Call delivery option, the Company will deliver propane only after you request a delivery. The Company recommends you order a delivery when your bulk tank is approximately 30% full to ensure a timely delivery. Most Will Call deliveries are made within 2-4 business days after you place an order. Weather and other factors may affect delivery times. unless you place an order online using your MyClean Gas account. If you would like to place an order online, please visit https://cleangas.myaccountplus.com/ to set up a MyClean Gas account. For expedited delivery requests, you agree to pay an Expedited Delivery Fee or an Emergency Delivery Fee as assessed by the Company for each expedited or emergency delivery request. For more information about these fees, see Section 5.B.

C. Propane System Maintenance and Repair. You are responsible for the maintenance and repair of all equipment that you own (“Customer-Owned Equipment”), including compliance with applicable laws and regulations. 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. Clean Gas does offer various maintenance contracts for your convenience; please see Section 5 for details on these options.

5. PRICING, FEES, AND CHARGES.

A. Price. Unless you enter into a fixed-pricing agreement with us you agree to pay the Company’s price per gallon of propane in effect when you place an order or for Automatic deliveries, on the date of delivery. This price is set by the Company, and includes, among other things, 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. We encourage you to review information on our website or contact Clean Gas 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.

B. Current Fees and Charges. Company may apply other fees and charges depending on the services requested and/or required. You agree to pay the fees and charges assessed by the Company for your service due upon receipt of your invoice of the date of your invoice. The charges for services shall be calculated in accordance with the Company’s current rates applicable at the time of provision of the services or delivery of the propane. The fees and charges provided below are the most frequently assessed, but other fees and charges may apply depending on the services rendered. A comprehensive list of applicable fees and charges, including descriptions and intervals, is provided in the table below. For a complete breakdown of fees and charges, see Appendix A – Clean Gas Fee Schedule.

 THE COMPANY RESERVES THE RIGHT TO CHANGE ITS FEES AND CHARGES AT ANY TIME AND WITHOUT PRIOR NOTICE. 

  • Early Termination Fee – You have received certain benefits from the Company in exchange for your service commitment. If you are leasing equipment from the Company and you terminate propane service with the Company prior to the end of the Initial Term, the Company will charge you an Early Termination Fee.
  • Fuel Surcharge Fee – This fee, which is assessed on propane deliveries, helps to offset the significant expense incurred by Company in fueling its fleet of motor vehicles. This fee fluctuates on a monthly basis as the Company’s cost of fuel fluctuates. For current Fuel Recovery Fee information, please contact Clean Gas for the present Fuel Recovery Fee.
  • Leak Check Charge – This charge is applied when the Company performs a leak check to verify that the propane system does not have a leak. This test is required by law under certain circumstances, which may include: when new piping is installed, if the gas has been turned off for any reason, if there has been an interruption of gas service, or if a leak in the system is suspected. Please contact Clean Gas for specifics on when a leak check is required and the current charge.
  • Meter Fee – This fee applies if your propane usage is measured by a Company-owned meter. This fee helps to offset the cost of the meter, meter reading and related administrative costs. This fee is $ 5.00 per meter per month.
  • Tank Pickup Fee – Upon termination of service, the Company will remove any Company-owned tank on your property. The charge for removal of standard above-ground tanks is $75.00 per tank. The charges for removal of underground Company-owned tanks are described in Section 13/ Appendix A..
  • Reconnect Charge – If your tank is locked off by the Company due to nonpayment, this charge will be assessed to remove the lock, perform a leak check and put your propane system back into service. This charge is $95.00 per hour. (Minimum fee per hour)
  • Returned Check Fee – This fee is intended to cover the deposit return fee assessed by financial institutions and related administrative expenses associated with the return of a customer check for insufficient funds. This fee is $250.00.
  • Service Dispatch Charge – This applies when a service technician is requested to perform diagnostic or other service work on Customer-Owned Equipment. This charge is $95.00. This charge will not be credited toward service work performed and additional charges may be assessed depending upon the nature of the service work required.
  • Emergency Delivery Fee – This applies when a customer requests a delivery within 24 hours during  business hours, the fee is $95.00. If after business hours or on a weekend (Saturday or Sunday), this fee is $150.00
  • Minimum Delivery Fee – This fee may be charged for a requested Will Call delivery that is less than $100.00 and may vary based upon geographic location.
  • Underground Tank Removal – See Section 14.
  • Late Fees – See Section 6./ Appendix A.
  • Tank Rent – See Section 3B/ Appendix A..
  • Skeeter Vac Service – This applies when a customer requests bait & trap refills for their Skeeter Vac mosquito trap. The fee is $175.00 per quarter or $65.00 per month, depending on the selected service plan.
  • Water Heater Maintenance Fee – This fee will be charged for a requested bi-annual or quarterly water heater maintenance service. Please contact Clean Gas for specifics on your water heater and when your water heater requires any maintenance or servicing. Clean Gas may contact you from time to time to schedule this maintenance. This fee is $125.00 per service.

6. PAYMENT TERMS AND LATE FEES.

If you have received credit terms from the Company, you will be billed after propane is delivered or services are rendered, unless you have enrolled in a budget payment program. You are responsible for all fees and charges incurred on and invoiced to your account with us, whether the propane supply was used with or without your knowledge or consent, so you are advised to take all such steps necessary to safeguard access to the propane and the Leased Equipment to prevent unauthorised or fraudulent use. 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 Clean Gas within thirty (30) days of receipt.

Security deposits required for Leased Equipment will be calculated based on tank size and property requirements. These deposits will be held in a non-interest-bearing account and are refundable at the end of the contract term if all outstanding charges are cleared. Any deduction from the deposit will be detailed in your final invoice.

  • Security deposits – We reserve the right to require security deposits prior to delivery or installation of equipment, if in our sole discretion, it is deemed appropriate. We also reserve the right to request a deposit at any time before or after the installation of the Leased/ customer owned Equipment. In the event that the deposit is used to cover fees or charges, we may ask that you replenish it. The deposit will be calculated based on the propane and Leased Equipment we supply to you. The deposit will be held by the Company for the duration of the term, and refunded within ten business days of the end of the term, except that the Company shall have the right to deduct from the deposit any charges or fees that remain outstanding at the end of the term (including, but not limited to, outstanding propane fees, late payment fees and early termination fees).
  •  Late payments – If you fail to pay all amounts owed to the Company when they become due, the Company may, unless prohibited by law, add a monthly late charge of 1.5% of the  balance until paid or a late charge of $35.00, whichever is greater. If you fail to make a payment on your outstanding amount owed, the Company may, after providing written notice to you, suspend service and/or place a lock on the Leased Equipment. If Company places a lock on the Leased Equipment, all amounts outstanding (including the applicable Reconnect Charge) must be paid in full before service will be restored. The 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. The 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 all of the outstanding amount owed is not received within 15 days after it is due, you will pay a late charge of the greater of $5.00 per month or 10% per month for the part of the outstanding amount that is late for no more than three months, or you will pay up to 1.5% per month of the amount that is past due.

7. LIMITATION OF LIABILITY.

THE COMPANY IS NOT LIABLE FOR ANY DIRECT OR INDIRECT LOSS SUSTAINED BY YOU, OR ANYONE TO WHOM YOU ASSIGN YOUR RIGHTS, AS A RESULT OF THE EXHAUSTION OF YOUR PROPANE SUPPLY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY AND PROPERTY DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS, LOSS OF BUSINESS OPPORTUNITY, OR FOR ANY LOSSES WHICH YOU OR ANY THIRD PARTY MAY SUFFER ARISING UNDER THE CONTRACT BETWEEN YOU AND THE COMPANY OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PERFORMANCE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, FRAUDULENT USE OR INTRUSION OF OUR SERVICES, NEGLIGENCE OR ANY OTHER LIABILITY.  UNDER NO CIRCUMSTANCE WILL THE COMPANY BE LIABLE FOR DAMAGE TO YOUR PLUMBING, SEPTIC SYSTEM, DRIVEWAY OR LANDSCAPING. WITHOUT PREJUDICE TO THE FOREGOING, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM AGGREGATE OF THE FEES PAID TO US BY THE CUSTOMER DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT THE RELATED CLAIM OR ACTION FIRST AROSE. NOTHWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS OR ANY TERM OF THE CONTRACT BETWEEN THE COMPANY AND THE CUSTOMER, ANY CLAIM BY THE CUSTOMER AGAINST THE COMPANY SHALL BE WAIVED AND BARRED UNLESS ASSERTED BY THE COMMENCEMENT OF AN ACTION WITHIN 6 MONTHS AFTER THE EVENT, ACTION OR INACTION TO WHICH THE CLAIM RELATES.

8. LIABILITY FOR EQUIPMENT AND CUSTOMER WARRANTIES.

Risk of loss or damage to the Leased Equipment, however caused, shall pass to you upon delivery of the Leased Equipment and shall remain with you until the Leased Equipment is returned to us in good working order at the end of the term or upon termination. You will take all reasonable care with the Leased Equipment and may not sell, lease, mortgage, transfer, assign or encumber the Leased Equipment. You agree not to relocate the Leased Equipment without our prior written consent. You agree to promptly pay us the replacement cost of any lost, stolen, unreturned or damaged Equipment. The Customer represents and warrants that the Customer is the owner of the property identified at the delivery address given to the Company by the Customer and that the Customer has the full authority to enter into a contract with the Company, including authority to accept these Terms and Conditions. If the Customer is not the property owner, the Customer agrees to defend, indemnify and hold the Company harmless from any cost, expense or damage incurred by the Company as a result of any unauthorised access to or installation of the Equipment at the property.

9. DISCLAIMER OF WARRANTIES.

A.Warranty for Installation Works

Clean Gas warrants that any installation work performed by the Company or its authorized representatives, including but not limited to water heaters, propane systems, and related equipment, will be carried out in a professional and workmanlike manner, consistent with industry standards.

This warranty shall be valid for a period of one (1) year from the date of completion of the installation. If any issues arise directly from defective workmanship within this one-year period, Clean Gas shall, at its discretion, repair or re-install the equipment at no additional charge, including both labor and necessary replacement parts. The Customer must notify Clean Gas in writing immediately discovering the issue.

Conditions for Warranty Claims:

The Customer must notify Clean Gas in writing immediately discovering the issue. The issue must be verified as a direct result of defective workmanship and not due to:

  • Misuse, neglect, or improper maintenance.
  • Unauthorized modifications or tampering by any party other than Clean Gas or its authorized representatives.
  • Normal wear and tear or external factors (e.g., weather conditions, power surges, flooding).

Clean Gas may request proof of the issue, including photos, videos, or an on-site inspection before approving the repair or re-installation. This warranty applies only to the original installation and is non-transferable. If unauthorized modifications, adjustments, or alterations are made to the installed equipment by any party other than Clean Gas or its authorized representatives, this warranty shall be void. The Company shall not be held liable for incidental or consequential damages arising from issues related to the installation work, and this warranty shall be the exclusive remedy for such claims.

B. Warranty for Appliance Servicing and Repairs

Clean Gas provides a limited warranty for servicing and repair work performed by the Company on propane appliances, including water heaters. This warranty shall be valid for a period of ninety (90) days from the date the servicing or repair work is completed. Under this warranty, Clean Gas guarantees that the work performed on the appliance will be free from defects in workmanship for the warranty period. Should any issues related to the servicing or repair work arise within this period, Clean Gas will, at its discretion, re-perform or correct the work at no additional cost. This warranty applies solely to the specific repair or servicing conducted and does not cover unrelated components or subsequent equipment failures. Additionally, this warranty does not cover damage or defects resulting from misuse, neglect, improper maintenance, or any modifications made by unauthorized parties. To submit a claim under this warranty, To submit a claim under this warranty, Customers must notify Clean Gas in writing within thirty (30) days of discovering the issue. The claim should include relevant details, such as photographs, video evidence, or a request for an inspection

C. Service Responsibilities for Water Heaters

It is the Customer’s sole responsibility to ensure that their water heater is serviced according to the manufacturer’s specifications. The following servicing intervals apply:

  • Residential water heaters must be serviced at least once annually.
  • Commercial water heaters must be serviced every six (6) months.

Failure to comply with these servicing intervals exempts Clean Gas from any liability for issues that occur due to inadequate or infrequent maintenance. Manufacturer warranties on parts or components, such as those in water heaters, may still apply, but Clean Gas makes no warranties on such materials beyond what is offered by the manufacturer.

10. INDEMNIFICATION.

To the full extent permitted by law, the Customer releases, indemnifies and holds the Company, its agents, servants, employees, officers, successors or assigns harmless from and against any and all claims, costs, losses, damages, liabilities and expenses whatsoever, including reasonable attorneys’ fees (“Loss”) incurred by the Company, the Customer or any third party, resulting from: (i) the Customer’s use or use by a third party of the Leased Equipment or the propane supplied by the Company; (ii) the Customer’s equipment or equipment owned by any third party; (iii) any breach of these Terms and Conditions; (iv) any breach of the terms of any agreement between the Customer and the Company, except to the extent such Loss results solely from the gross negligence of the Company. In these Terms and Conditions “gross negligence” means, in relation to a person, a standard of conduct beyond negligence whereby a person acts or fails to act with actual appreciation of an obvious, unacceptable risk involved, or acts or fails to act with serious disregard of or indifference to an obvious unacceptable risk. If the Customer is not the owner of the property for which the Customer requests the service, the Customer specifically agrees to defend, indemnify and hold the Company harmless from any and all claims of the owner or any third party arising out of the performance of services by the Company or use of Leased Equipment or propane supplied by the Company at that property. Without limitation to the generality of the foregoing, the Customer will be responsible for all debt collection, legal and other charges incurred by Clean Gas in attempting to recover all overdue amounts from the Customer.

11. 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 NOTICE TO COMPANY. IF YOU LEASE EQUIPMENT FROM COMPANY AND YOU TERMINATE SERVICE PRIOR TO THE END OF THE INITIAL TERM, THE COMPANY WILL CHARGE YOU AN EARLY TERMINATION FEE OF $150.00. THE COMPANY MAY TERMINATE YOUR PROPANE SERVICE PRIOR TO THE END OF THE INITIAL TERM OR ANY RENEWAL TERM UPON THE PROVISION OF THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO YOU.

Upon termination for any reason, and subject to the terms of any lease to purchase agreement, the Customer agrees that the Company has the right to remove the Leased Equipment from the Property without notice to the Customer or process of law. It is further agreed that the Company will not be liable for any damage to the Property occasioned by the removal of the Leased Equipment. Upon access to the Property is provided to the Company, fees for service and propane supply shall continue to accrue and be payable on the terms set out in these Terms and Conditions. When the Leased Equipment is removed, the Customer shall be responsible for any work, including grading and seeding, necessitated or caused by such removal and shall defend, indemnify and hold the Company harmless from any and all damage, claim, costs, losses, liabilities and expenses whatsoever, including reasonable attorneys’ fees, which may result from such removal. Upon termination for any reason, the Customer agrees to pay to the Company all sums due under these Terms and Conditions by no later than 14 days after the date of the invoice.

  • For customers with Leased Equipment, upon termination, in order to remove Leased Equipment Company will charge you a Tank Pickup Fee for a standard above-ground tank or the charges described in Section 14. for underground tanks.
  • The Company will not repurchase the propane remaining in Leased Equipment.
  • The 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. The Company reserves the right to terminate service or suspend deliveries if The Company determines, in its sole discretion that a condition exists that poses a health or safety threat to its employees, you or the public.

12. EXCUSED PERFORMANCE.

The 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, epidemics, pandemics, other health crises, labor disputes, wars, hostilities, terrorism, changes in laws or regulations, the 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, the Company shall not be deemed to be in breach of these Terms and Conditions and the Company may allocate propane and equipment among its Customers in any manner that the Company deems reasonable.

13. CHANGES TO THE TERMS AND CONDITIONS.

The Company reserves the right to amend 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, or other written notification. These Terms and Conditions may not be modified orally and describe the entire agreement between the 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. Your continued use after notification of the change(s) constitutes your acceptance of the Terms and Conditions as modified, which form part of your contract with the Company. 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). For the latest version of the Clean Gas Fee Schedule, refer to Appendix A or visit our website at www.cleangas.ky.

14. CUSTOMERS WITH UNDERGROUND LEASED TANKS.

You are responsible for all costs of the excavation and removal of the Leased Equipment and the 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, at the sole discretion of the Company. 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. You and the Company may mutually agree that Company will sell you the underground tank in lieu of physically removing the tank from your property.

15. 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. THE COMPANY IS NOT LIABLE FOR DAMAGE TO PERSONAL AND REAL PROPERTY (INCLUDING, BUT NOT LIMITED TO, DAMAGE RESULTING FROM WATER DAMAGE) THAT OCCURS AS A RESULT OF THE EXHAUSTION OF PROPANE IN YOUR SYSTEM. WE RECOMMEND YOU PLACE A TANK MONITOR ON YOUR SYSTEM TO MONITOR THE AMOUNT OF PROPANE REMAINING IN YOUR TANK. YOU MUST PROVIDE COMPANY WITH AT LEAST TEN (10) BUSINESS DAYS’ ADVANCED NOTICE OF A NEED FOR A DELIVERY TO AVOID THE EXHAUSTION OF YOUR PROPANE SUPPLY.

16. SEVERABILITY.

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.

17. NOTICE.

Any notice by you shall be sent by mail, postage prepaid, to Clean Gas at P.O. Box 30110, Grand Cayman, KY1-1201, Attn: Customer Service. Notice to you may be in the form of a bill insert, stand-alone mailing, email or other written notification.

18. WAIVER.

If we delay in exercising any of our rights, the Company will not be prevented from exercising our rights at a later date. The Company’s waiver of any breach of these Terms and Conditions at any time shall not excuse future breaches by the Customer.

19. 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 the Company is accurate, complete, and current. You agree to notify the Company immediately if there is any change to any of that information. This requirement is to ensure the correct presentation of monthly invoices and continuation of service. Your failure to receive invoices (even if this is because of an error or omission on our part) does not constitute a valid reason for non-payment of invoices.

20. YOUR CONSENT TO BEING CONTACTED.

By providing a telephone number or email address now or in the future, you agree that the Company (and others on its behalf) may contact you via automated means, including with an automatic telephone dialing system or prerecorded or artificial voice. 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.

21. PRIVACY POLICY.

We take your privacy seriously and have established a Privacy Policy which governs our collection, use, disclosure, management of and security related to your personal information. The Privacy Policy may be updated from time to time and is available at https://www.cleangas.ky/privacy-policy/. By ordering propane or requesting services from us you acknowledge that you accept the practices and policies outlined in the Privacy Policy. Your continued use after notice of any changes to the Privacy Policy have been provided will indicate your acceptance of such changes.  In particular you agree that, in accordance with Clean Gas’s privacy policy your details, including proof of identity, may be used to undertake credit and fraud prevention checks by Clean Gas and third parties, and that your completion of the Form confirms your agreement to Clean Gas providing such  details to third parties for that purpose.

22. GOVERNING LAW.

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and constructed in accordance with the law of the Cayman Islands. You and the Company irrevocably agree that the courts of the Cayman Islands and the courts of appeal from them shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

23. SURVIVAL.

Paragraphs 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 24 shall survive termination of your relationship with the Company, which includes your permission for the Company to contact you to collect any debts owed or your return of the Leased Equipment.

24. CUSTOMER-OWNED EQUIPMENT.

The following provisions do not apply to Customer-Owned Equipment:

Paragraph 3.B. – Tank Rent

Paragraph 5.B. with respect to a Tank Pickup Fee, as it relates to the pick-up of Leased Equipment or other Company-owned Equipment; however, the remaining provisions of those paragraphs shall apply. For all Customer-Owned Equipment, the Customer is solely responsible for ensuring the equipment is regularly maintained and inspected to comply with safety standards and regulations. Clean Gas reserves the right to suspend services if Customer-Owned Equipment is deemed unsafe or non-compliant.

For additional details or specific inquiries regarding fees, please visit www.cleangas.ky or contact Clean Gas Customer Service at (233-4427).

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