Terms & Conditions
Terms and Conditions for Tower Energy
The following Terms and Conditions (“Terms”) here intend to guide the customer regarding delivering products and services. While the Company reserves the right to change these Terms and Conditions at any time and without notice, changes to Terms and Conditions will be communicated to our customers by updating this posting. For this reason, we encourage you to review these Terms for changes that may impact you periodically.
Fuel and Service Pricing
Fuel Rates – Unless you enter into a capped or fixed pricing agreement, you agree to pay the Company’s price per gallon in effect when you place an order or those customers on Automatic deliveries, on the date of delivery. This price is set at Company’s discretion and includes, among other things, taxes, costs to procure the propane, freight, and transportation. The customer’s price per gallon may vary depending upon the volume you purchase, customer classification, propane tank ownership, and competitive conditions. We encourage you to contact your local Company office to discuss which pricing options may be best for your needs and receive current pricing information, as prices change frequently and without prior notice.
Service Rates – Unless the customer enters into a signed, quoted service agreement, service will be provided at current service rates. The customer agrees to pay the prevailing rates at the time service was performed. We encourage customers to contact their local Company office to discuss which service options best fit their needs and receive current pricing information, as prices change frequently and without prior notice.
General Information represents the most common information requested by customers. Areas described may not be complete or comprehensive. Please contact your local Company office if further information is required.
- Delivery Invoice – The customer will receive a delivery slip when our truck delivers fuel unless specifically instructed by the customer. This slip records the number of gallons delivered at the time. Please note: the delivery slip is the customer’s invoice. If paid within the prompt pay period of the delivery, the customer is eligible for a prompt pay discount for certain customers and fuels.
- Past Due Account – If the customer’s account balance becomes past due payment terms, the account will be placed on a delivery hold status. If the account is on a delivery hold or a will-call status, a special trip charge may be applied when a delivery is made off route. A propane customer with a past due balance is subject to a gas check and fee should their tank run out of product.
- Automatic Delivery – Credit-approved, automatic delivery customers will receive regular deliveries based on the weather, past usage, and annual consumption. Special trip charges do not apply if the automatic delivery customer is in good standing and runs out of fuel due to our error. Non-credit-approved customers can elect for automatic delivery by placing a security deposit on the account.
- Will Call Delivery – The Company encourages its customers to be on automatic delivery. Customers who prefer to be on a will-call basis will need to watch their gauge carefully and provide at least one week’s notice when requesting a delivery. A customer should call when their propane tank is no less than 40% full or when an oil tank is no less than a 3/8 full. If an emergency delivery is needed, a special trip charge will apply.
- Credit/Payment – As a new customer, when proper credit references have been checked, if the customer also has a company-owned tank or other equipment, they will be asked to sign and return our customer agreement. This formality grants the Company permission to enter your property to deliver fuel and perform service work. The Company does not share personal information with anyone. Information submitted is only available to our employees who manage your account. Customers not approved for credit will be required to pay in advance of the delivery being made.
- Safety – The installation and proper maintenance of carbon monoxide detectors or combustible gas detectors is strongly recommended. Caution: Check exhaust vents to ensure they are not blocked during high winds and snowstorms as restricted ventilation could cause a potential no heat call and impose a severe safety hazard. Please click here to review more safety information on the Company’s website pertaining to a particular fuel type.
- Seasonal Properties – (Customers with locations that are not occupied year-round.) If a customer has chosen automatic delivery, usage in these inconsistently occupied homes is impossible to reasonably predict with the use of tank monitoring devices. In these circumstances, it is the customer’s responsibility to monitor the fuel levels on that property year-round and to communicate the seasonality of use to the company. Company is not liable for direct damages to personal and real property (including, but not limited to, damage resulting from frozen pipes or other water damage) that occurring as a result of a product run-out. The Company recommends that its customers place a tank monitor on your system to monitor the amount of remaining propane or heating oil. The customer must provide the Company with At least ten (10) business days advanced notice of a need for a delivery to avoid the exhaustion of heating fuel for the residence.
- Stopping Deliveries – When a customer deems it necessary to stop deliveries or change schedules, Company will make every effort to accommodate such a change. Situations such as moving or selling a property, discontinuing automatic or scheduled deliveries are examples of such situations. In these circumstances, it is the customer’s responsibility to advise the Company of these desired changes. The customer is fully responsible for all deliveries and associated costs if they fail to advise Company of the change.
Propane Specific Terms
Term – Term is the time the customer has agreed to maintain service with the Company. If the customer did not sign a supply contract, the initial term will be one year from the date you began service with Company. Terminations of service before completion of the initial term for any reason whatsoever will be considered default and subject to early termination fees.
General Provision – The Company will loan and provide a propane storage tank or cylinder, regulator(s), and related equipment (“Loaned Equipment”). In the interest of safety, the customer will not allow anyone to make any adjustments, connections, or disconnections to the Loaned Equipment or remove or pump-out the Loaned Equipment without our written permission. The customer will notify the Company immediately if the Loaned Equipment may be damaged, malfunctions or any problems are experienced. The customer agrees that if the residence is sold, the customer will notify the Company at least thirty (30) days in advance and inform the buyer that Loaned Equipment is owned by the Company. Only propane sold by the Company will be used with Loaned Equipment. Loaned Equipment will at all times remain the property of Company and will not become a fixture or a part of real property.
Access to Equipment – Company will have an irrevocable right to enter the customer’s property without prior notice for deliveries of propane, servicing or removal of Loaned Equipment, and the customer agrees to provide Company with safe and unimpeded access to it, including but not limited to, access free of ice, snow, water, and other hazards. The customer will mark and identify the location of septic systems, leach pits, underground ponds, and similar underground features should that be required as a result of the Company’s service of its equipment. The customer also agrees to promptly surrender to Company all Loaned Equipment upon the termination of service.
Propane Customer Bill of Rights – Residential customers with signed contracts for exclusive delivery into a supplier owned liquified petroleum gas (LPG) tank, have the right to purchase LPG from a temporary emergency supplier notwithstanding the provisions of the contract, when: The customer reasonably believes the amount of LPG in their tank will be insufficient to meet their needs and, after a good faith effort, has been unable to obtain an LPG delivery from the customer’s regular LPG supplier within 24 hours of the customer’s request when:
- A federal, state, or local emergency has been declared, or
- Severe weather or other similar circumstance that may result in an individual being placed in imminent danger of death or injury or may result in a building structure and/or its fixtures being at risk of significant damage due to lack of heat caused by the lack of sufficient liquified petroleum gas to heat the residence.
Under these emergency situations, the regular LPG supplier or the temporary emergency supplier can only impose its usual charges and is prohibited from charging any additional fees or penalties for the LPG delivery.
Other Fees and Charges
The Company may apply other fees and charges depending on the services requested and required. The fees and charges described below are the most frequently assessed, but additional fees and charges may apply depending on the services rendered. Please contact your local office for specific questions and updated amount information. THE FEES LISTED BELOW ARE NOT GOVERNMENT IMPOSED, NOR IS ANY PORTION OF THEM PAID TO ANY GOVERNMENT AGENCY. THESE FEES MAY OFFSET COSTS INCURRED BY THE COMPANY AS THE RESULT OF COMPLYING WITH CODES AND LAW. COMPANY RESERVES THE RIGHT TO CHANGE ITS FEES, RATES, AND CHARGES WITHOUT PRIOR NOTICE.
- Safety & Compliance Fee –This fee is assessed on deliveries and offsets costs incurred by the Company to comply with federal, state, and local government regulations, such as those relating to hazardous materials, homeland security, emergency preparedness, and workplace safety. It is also used to fund, among other things, employee safety training, inspections, cylinder requalification, and environmental compliance.
- Leak Check Charge – This charge is applied when the Company performs a leak check to verify that the propane system does not leak. This test is required by code under certain circumstances, including when a new piping system 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. The customer’s local office can provide specifics on when a leak check is required and the current charge.
- Meter Fee – This fee applies if 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. The fee also helps offset the expenses otherwise covered by the Safety & Compliance Fee (as described above), which is not charged to metered customers.
- Propane Tank Removal Fee – Upon termination of service, Company will remove the Loaned Equipment. Should the tank to be removed contain more than 5% water capacity, the Company is required by code to pump out the propane tank to remove and legally transport it safely. The Company does not apply this fee if the tank contains 5% or less propane. When the fee is charged, it is on a time and materials basis with a minimum of one hour of the current service labor rate.
- Early Termination Fee – An additional fee will be applied should propane service be terminated before completion of the initial term described in the agreement or, in the absence thereof, above.
- Reconnect Charge – If a tank is locked by the Company due to nonpayment, this fee will be assessed and must be collected prior to removing the lock, performing a leak check, and putting the propane system into service.
- 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.
- Service Minimum Charge – This applies when a service technician is requested to perform diagnostic or other service work on Customer-owned equipment. This charge is equal to one hour of the current service labor rate.
- Special Trip Charge – This applies when the customer requests a delivery within forty-eight (48) hours outside of our normal delivery schedule. This fee also applies for non-emergency service call requests after business hours or on weekends. This charge can vary due to the distance involved and the time required to meet the request.
- Underground Tank Removal – The customer is responsible for all costs of the excavation and removal of Loaned Equipment. The Company is not responsible for furnishing fill, resurfacing, landscaping, or restoring the property to its previous condition upon the tank removal. The customer will be billed hourly for this work with local labor rates prevailing unless other arrangements are provided. The charge to remove an underground tank can vary greatly and is affected by numerous factors, including the size and access to the tank, soil conditions, and other impediments. The Company may, at its option, charge for the value of the underground tank instead of physically removing the tank from the property.
- Late Fees – The Customer agrees to pay the total amount shown on each invoice. All balances are due based upon the customer-specific payment terms for any deliveries or services performed. Payment not received within customer terms from the invoice date will be subject to a late fee of 1.5% per month on the overdue balance, not to exceed 18% per annum finance charges or the maximum allowed by law.
- Minimum Annual Requirement – The Company reserves the right to remove or disconnect service for less than minimum equipment usage. We also can decrease or increase the storage tank(s) to meet gas usage needs. Additionally, all propane tanks that use one full tank or less over a year become subject to tank rental fees at the discretion of the Company.
- Consumables Fee – A charge will be added to each workorder consistent with the terms of the workorder that is meant to cover the consumable items generally used during the course of service work.