New Customer Application

Applicant Information

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Please indicate if you rent or own the property.
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Delivery Information

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Propane Service Information

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Please acknowledge the automatic delivery statement.
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Disclosures & Agreements

The customer agrees to the purchase of a minimum of 200 gallons annually to be exempt from Equipment Lease charge.
Hazmat Fee is $7.99 per delivery. These prices and fees are in effect as of the Agreement Date and are subject to future change based upon market and other conditions.

DISCLOSURES UNDER THE FEDERAL CONSUMER LEASING ACT. CUSTOMER ACKNOWLEDGES THAT PRIOR TO SIGNING THIS AGREEMENT HE/SHE HAS CAREFULLY REVIEWED THE LEASE SUMMARY INFORMATION SET FORTH AT THE BEGINNING OF THIS AGREEMENT AND HAS SATISFIED HIMSELF/HERSELF CONCERNING THE TERMS AND CONDITIONS OF THIS AGREEMENT.

I, the undersigned Customer, acknowledge that I have received copies of warning brochure(s). I have agreed to read and follow the safety rules in those brochure(s) and to share the information with my family and/or employees to help keep everyone safe and to reduce the risk of serious and potentially fatal injury, fire, and explosion.

PROPANE SERVICE TERMS AND CONDITIONS

Equipment Charges. If Equipment is leased customer agrees to pay the applicable Equipment deposits and non-refundable service and lease fees shown on the face of this Agreement.
CA Albright & Sons LLC herein after referred to as “the Company" shall have the right to increase these deposits and fees at any time upon 30-day notice to Customer.

Propane Charges. The charge for propane sold to Customer will be calculated at the current price charged by the Company at the time of delivery for the applicable class of Customer. For propane stored in metered tanks on Customer’s premises, the Company will charge Customer for propane usage as measured through the meter.

Payment Terms. Customer agrees to pay all invoices for products or services promptly upon receipt and a late charge of 1.5% per month (or the maximum allowed by law in your state) on any balance remaining unpaid 30 days after the invoice date. In addition, the Company shall be entitled to recover from Customer its reasonable collection costs, including attorneys’ fees.

Ownership of Leased Property. Customer acknowledges and agrees that, at all times during the term of this Agreement, it shall have no ownership right in the leased Equipment and that legal title to the leased Equipment is, and shall at all times remain, vested in the Company. At no time shall the leased Equipment be considered a fixture or an appurtenance to real estate to which it may be attached. Customer specifically acknowledges and agrees that the Company has the sole right to fill the leased Equipment with propane gas, and that Customer shall not fill the leased Equipment with any substance. Notwithstanding anything to the contrary in this Agreement, the parties specifically agree that in the event the Customer fills, or permits any person other than the Company or the Company’s authorized agents to fill, the leased Equipment with any substance, the Company may terminate this Agreement immediately upon giving notice to Customer.

Installation, Maintenance, and Service. The Company agrees that it shall install the leased Equipment on the premises in a manner consistent with recognized safety standards existing at the time of installation. The Company also agrees that it shall be responsible for maintenance and service of the leased Equipment and shall undertake all repairs necessary to keep the leased Equipment in safe working condition, provided that the Company’s responsibility for maintenance and service of the leased Equipment is subject to provisions of Section 6 herein. At its sole option, the Company may from time to time substitute property of similar description for the leased Equipment, or any part thereof, and the property substituted in place of the original leased Equipment shall thereupon become the leased Equipment.

Customer’s Obligations. (a) Loss and Damage. Customer specifically agrees that it shall not commit any waste or damage of or to the leased Equipment; nor shall Customer deface, remove, or conceal any name, mark, and/or identifying device on the leased Equipment; nor shall Customer make any repairs to the leased Equipment. Customer agrees to notify the Company of any damage to, or destruction of, the leased Equipment as soon as Customer becomes aware of such damage or destruction. In the event of any damage or destruction, the Company shall make repairs or replace the leased Equipment as the Company believes reasonably necessary, and Customer specifically agrees to reimburse the Company for all expenditures of labor and materials incurred by the Company to repair or replace any damage to, or destruction of, leased Equipment caused by, or arising from, Customer’s intentional and/or negligent acts, and/or failures to act, in violation of this Agreement. Customer acknowledges that the Company does not carry any property damage insurance coverage on the leased Equipment, and that Customer may, at Customer’s option and its sole expense, purchase property damage insurance covering the leased Equipment. (b) Control of Equipment. Customer shall have exclusive control of the leased Equipment and propane product so long as they remain in Customer’s possession. (c) Access to Equipment. Customer agrees to provide safe and unobstructed access by the Company to the leased Equipment and grants the Company the irrevocable right to enter upon Customer’s premises to install, service, fill, repair, replace, and remove the leased Equipment. Customer agrees to bear the risk of damage and the cost of repairing any damage to driveways, sidewalks, curbs, lawns, septic systems, and other property resulting from such access and entry. (d) Modifications. Customer warrants and agrees that the Company shall not be responsible in any way for damages to, or loss of, property and/or injury to, or death of, any person or persons, including, without limitation, persons employed or engaged by Customer, caused by or arising out of the repair, modification, alteration, installation, removal, or maintenance of Customer’s propane piping, propane appliances, or any other component of the Customer’s propane distribution system by the Customer or Customer’s employees, agents, or representatives, or any other third-party not affiliated with the Company. (e) Notice of Modification. Customer shall notify the Company within 10 days of any alteration, modification, repair, or maintenance performed on the Customer’s propane distribution or any installation or removal of any propane distribution system component including, but not limited to, propane piping, appliances, and equipment. (f) Pet(s). We are not responsible for customers' pets. It is Customer's responsibility to keep pets inside during delivery and/or in a separate room when a technician is servicing the equipment.

Taxes. Customer shall be responsible for all personal property taxes and all other taxes, assessments, or similar charges imposed by any governmental authorities upon the Equipment or its use during the term of this Agreement. The Company shall have the right to pay such taxes on behalf of Customer and to recover same from Customer upon written notice.

Agreement Term. The term of this Agreement shall continue in effect until terminated as provided in this Agreement.

Termination. Either party may terminate this Agreement at any time without cause upon 30 days written notice to the other party. In addition, the Company may terminate this Agreement, discontinue propane sales or the provision of services, seal and “lock off” the tank, and exercise any other available remedies at law or in equity immediately and without notice if Customer fails to make timely payment for any lease fees, propane purchases, or other payment obligations hereunder, or fails to abide by or perform its obligations under any of the terms of this Agreement. Upon any termination of this Agreement, Customer nevertheless shall remain obligated to pay all amounts due to the Company hereunder, including the removal fee and shall remain responsible for safekeeping of the Equipment until removed by the Company. Customer agrees to bear the expense necessary to make the Equipment accessible to the Company, including bringing underground tanks and other equipment to ground level for service or removal. The Company shall have no obligations for restoration or change to Customer’s premises.

Exclusion of Warranty. Customer agrees that, to the extent allowed by law, all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or use are excluded from, and shall not apply to, the sale of propane; to the sale, lease, or loan of any Equipment; nor to the provision of any services by Company. The Company makes no warranty or guaranty to maintain Customer’s propane supply at a specific level or inspect Customer’s propane supply on a specific schedule even if the Customer is on automatic delivery. Accordingly, Customer acknowledges that under no circumstance shall the Company be liable for any direct, indirect or consequential damage resulting from out-of-gas situations and that the Company is immune from any liability whether based on negligence, breach of warranty or contract or otherwise.

Limitations of Remedy. Customer agrees that to the extent allowed by law, Customer’s sole and exclusive remedy against Company shall be for the replacement or repair of any defective items provided by Company. Customer agrees that no other remedy including, but not limited to, any remedy for special, indirect, incidental, or consequential loss) shall be available to Customer.

Delay or Failure of Performance. Any delay or failure of performance hereunder on the part of the Company including the failure to supply propane shall be excused without liability if the delay or failure of performance results from accidents, weather conditions, acts of God, government regulation, fire, floods, labor disturbances, terrorism, breakdown or other failure of equipment, inadequate wholesale supplies of propane, or any other causes beyond the reasonable control of the Company. Additionally, the Company will not be responsible for damages for failure to deliver propane to vacant or unattended premises or premises that are not readily accessible by our employees.

Non-Assignability of Agreement. Customer agrees that, at all times during the term of this Agreement, it shall not assign, transfer, sublease, pledge as security, or otherwise dispose of its limited interest in the leased Equipment as set forth in this Agreement without the prior written consent of the Company.

INDEMNIFICATION. Customer agrees that it shall defend, indemnify, and hold harmless the Company, and all if its affiliates and all of their respective directors, officers, agents, employees, and insurers, from and against any and all claims, demands, damages, environmental damages and/or liabilities, losses, causes of action, judgments, fines, assessments, costs, and expenses of any kind or nature, including all attorneys’ fees and all costs and expenses of litigation and court costs (including attorneys’ fees and costs and expense of litigation and court costs incurred in enforcing this provision) for damages to or loss of property, and/or injury to, or death of, any person or persons, including without limitation persons employed or engaged by Customer, and/or damages to the environment caused by or arising or resulting from: (a) Customer’s use and/or possession of the leased Equipment; and/or (b) Customer’s breach of any of its representations, warranties, undertakings, covenants, promises, and agreements as set forth in this Agreement; and/or (c) Customer’s failure to comply with any and all applicable federal state or local laws, ordinances, order, permits, rules, and regulations with regard to Customer’s use and/or possession of the leased Equipment, provided however, that Customer shall not have any indemnification obligations to the Company for any damages, injuries, or deaths to the extent that such damages, injuries, or deaths are caused by, or arise or result from, the Company’s negligence.

Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, and it supersedes any and all prior or contemporaneous negotiations, representations, agreements, or understandings, both written and oral, between the parties hereto with respect to the subject matter hereof, and neither party shall be liable or bound to the other in any manner by any representations not set forth herein. This Agreement may not be altered, modified, or amended unless done so by a writing signed by each party hereto.

Severability. If any term or provision set forth in this Agreement shall be determined to any extent to be invalid or unenforceable the remainder of this Agreement shall not be affected thereby, and each term and provision of the Agreement shall be valid and enforced to the fullest extent permitted by law.

Choice of Law. This Agreement, and all rights, obligations, and duties arising hereunder, and any disputes which may arise hereunder, shall be construed in accordance with, and governed by, laws of the State of NY.

Customer-Owned Tanks and Equipment. All terms and conditions stated herein shall apply to Customer-owned tanks and equipment except for paragraphs 1, 4, 5, and 6(a). Paragraphs 6(b) through 6(f), inclusive, shall apply not only to leased Equipment, but to Customer-owned tanks and equipment. Customer further agrees and acknowledges that Customer is solely and entirely responsible for the maintenance, servicing, and repair of all Customer-owned tanks and equipment and that Customer must comply with all applicable codes, rules, and regulations with respect to Customer-owned tanks and equipment. the Company further reserves the right to refuse to deliver propane to any Customer-owned tanks or equipment that it finds to be unsafe or that otherwise fail(s) to meet applicable codes, rules, and regulations.

Landlord Responsibilities. Landlords agree to provide the safety warning brochure to all tenants, along with all other safety information provided by the Company. The Company will provide additional copies of the safety information upon request.

AGREEMENT:

If applicable, customer agrees to lease the container(s), meter, pump, and related equipment identified throughout this document as the “Equipment.” Customer agrees to purchase from the Company all of Customer’s propane gas requirements for use at the applicable address indicated within this document, all in accordance with this Agreement, including the Terms and Conditions. Customer agrees to use the Equipment and propane gas products in accordance with the safety information provided by the Company as of the date of this Agreement up until the termination of this Agreement. Customer will not allow anyone other than the Company to supply propane to any container being leased from the Company. Customer will not allow anyone other than the Company to disconnect or move any container being leased from the Company.

You must read & agree to the Propane terms to submit the application.

FUEL OIL & KEROSENE TERMS & CONDITIONS

IN CASE OF ERRORS OR INQUIRIES - BILLING

The Federal Truth in Lending Act requires prompt correction of billing mistakes.

  1. If you want to preserve your rights under the Act, here’s what to do if you think your bill is wrong or if you need more information about an item on your bill.
    1. Do not write on the bill. On a separate sheet of paper write the following (you may telephone your inquiry but doing so will not preserve your rights under this law)
      1. Your name and account number (if any)
      2. A description of the error and an explanation (to the extent you can explain) why you believe it is an error. If you only need more information, explain the item you are not sure about and if you wish, ask for evidence of the charge, such as a copy of the charge slip. Do not send in your copy of a sales slip or other document unless you have a duplicate copy for your records.
      3. The dollar amount of the suspected error.
      4. Any other information (such as your address) which you think will help us to identify you or the reason for your complaint or inquiry.
    2. Send your billing error notice to the address on your bill which is listed after the words: “Send inquiries To”. Mail it as soon as you can, but in any case, early enough to reach us within 60 days after the bill was mailed to you.
  2. We must acknowledge all letters pointing out possible errors within 30 days of receipt, unless we are able to correct your bill during that 30 days. Within 90 days after receiving your letter, we must either correct the error or explain why we believe the bill was correct. Once we have explained the bill, we have no further obligation to you even though you may still believe that there is still an error, except as provided in paragraph below.
  3. After we have been notified, neither we nor an attorney nor a collection agency may send you collection letters or take other collection action with respect to the amount of the dispute; but periodic statements may be sent to you, and the disputed amount can be applied against your credit limit. You cannot be threatened with damage to your credit rating or sued for the amount in question, nor can the disputed amount be reported to a credit bureau or other creditors as delinquent until we have answered your inquiry. However, you may remain obligated to pay the parts of your bill not in dispute.
  4. If it is determined that we have made a mistake on your bill, you will not have to pay any service charges on any disputed amount. If it turns out that we have not made an error, you may have to pay service charges on the amount in dispute, and you will have to make up any missed minimum or required payments on the disputed amount. Unless you have agreed that your bill was correct, we must send you a written notification of what you owe; and if it is determined that we did make a mistake in billing the disputed amount; you must be given the time to pay which you normally are given to pay undisputed amounts before any more service charges or late payment charges on the disputed amount can be charged to you.
  5. If our explanation does not satisfy you and you notify us in writing within 10 days after you receive our explanation that you still refuse to pay the disputed amount, we may report you to credit bureaus and other creditors and may pursue regular collection procedures. But we must also report that you think you do not owe the money, and we must let you know to whom such reports were made. Once the matter has been settled between you and us, we must notify those whom we reported you as delinquent of the subsequent resolution.
  6. If we do not follow these rules, we are not allowed to collect the first $50.00 of the disputed amount and service charges, even if the bill turns out to be correct.
  7. If you have a problem with property or services purchased with a credit card, you may have the right not to pay the remaining amount due on them, if you first try in good faith to return them or give the merchant a chance to correct the problem. There are two limitations on this right:
    1. You must have bought them in your home state or if not within your home state, within 100 miles of your current mailing address: and
    2. The purchase price must have been more than $50.

NOTICE: THE FEDERAL EQUAL CREDIT OPPORTUNITY ACT
Prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The federal agency which administers compliance with this law concerning this creditor is the FEDERAL TRADE COMMISSION, Washington, D.C. 20580

RETAIL CREDIT AGREEMENT

  1. PURCHASES: We will deliver, subject to availability, fuel oil at our established price, which is determined at the time of delivery. Deliveries will be made to you at the address shown on application, on a Will Call delivery basis, unless otherwise approved on this application by Management. A meter printed delivery ticket will be left, emailed or mailed to the delivery address each time a delivery is made. You agree to accept each delivery and to pay the amount in full when due. THREE COD deliveries of 150 gallons or more is required to establish all new accounts. The Company reserves the option to keep an account on COD status indefinitely.
  2. Outside Tank Location: The Company recommends that Kerosene be used in outside tank applications. The Company will not be responsible for any damages due to jelling or freeze up’s as a result of fuel oil deliveries made to an outside tank at the request of the customer.
  3. The Company reserves the right to refuse delivery to an oil tank that has exceeded its useful life and is in need of replacement.
  4. The Company reserves the right to refuse delivery when the fill pipe requires repair or replacement and or the vent alarm is not working.
  5. NEW CUSTOMERS ARE WILL CALL DELIVERY STATUS.
    This means the customer is responsible for monitoring their own fuel supply and when the tank reaches 1/4, call our offices during normal business hours and request a delivery
    1. Delivery Charges will apply to after-hours emergency deliveries.
    2. Delivery Charges will apply to Out of Area & Off Route Deliveries during normal business hour emergency deliveries if a driver in not in your area.
    3. Re-Start Charges will apply to customers who frequently “run out”.

    PROMPT PAY DISCOUNT:

    1. The .05 cent per gallon prompt pay discount is only applicable on fills.
    2. The .05 cent per gallon prompt pay discount is not available to New or COD status accounts or combinable with Budget discounts.
  6. SERVICE: If you maintain a service contract with us, or if you require HVAC service, repairs or maintenance, which are not covered by the service contract, and you have a New Account or COD account, you will be required to pay in full at the time the services are received.
  7. AUTO DELIVERY Status is reserved exclusively for established approved accounts. Deliveries will be made to the delivery address on the account according to a Weather Controlled Degree Day System. You agree to accept each delivery and to pay the full amount on each delivery within 30 days.
    Company reserves the right to not deliver to an Auto Delivery Account if the prior delivery has not been paid in full.
  8. BUDGETS: The Company offers Monthly Budget Plan’s for Fuel & Kerosene customers with established accounts. Customers who fail to make budget payments on time and in full will not receive the budget discount on their delivery(s) until the account is current. New Customers are eligible for the Pre-Pay (1) time payment budget. Customers, who made all of their budget payments on time and in full and run out of funds, may still receive their budget discount provided the delivery is paid in full within 10 days from date of delivery.
  9. MONTHLY STATEMENT: If you have a balance due on your account we will send you a monthly statement. It will show separately your purchases, the FINANCE CHARGE, if any, and the date the payment is due.
  10. FINANCE CHARGE: Unless you paid the previous balance shown on your monthly statement in full by its payment due date, a FINANCE CHARGE will be added to your purchases account from the date of purchase and these FINANCE CHARGES will be computed in the following way:
    a) We start with the previous balance of your purchases account at the beginning of the billing period.
    b) Each day of the period we subtract payments and credits and add purchases, giving us the daily balance.
    c) We then average the daily balance (called “balance subject to Finance Charge “) and multiply this average by the following monthly periodic rates:
    1½ % on balances over 30 days, which is an ANNUAL PERCENTAGE RATE OF 18%.
    d) Budget Accounts in good standing are not subject to Finance Charges.
  11. DEFAULT AND COLLECTION COSTS: You will be in default if you do not pay a balance on time, file for bankruptcy, or make an assignment for the benefit of Creditors. Default means we can demand immediate payment of the full balance. If we refer collection of the balance to a lawyer, you will pay attorney’s fees plus court costs.
  12. IRREGULAR PAYMENT AND DELAY IN ENFORCEMENT: We can accept later payments or partial payments or checks and money orders marked “payment in full” without losing any of our rights under this agreement. We can also delay in enforcing our rights under this agreement without losing them.
  13. AMMENDMENT OR CHANGES: We can change this agreement including FINANCE CHARGES and the ANNUAL PERCENTAGE rate at any time, provided we give you at least 30 days’ notice, before the beginning of the billing period in which the change becomes effective.
  14. CANCELLATION: We or you can cancel your account at any time on 30 days written notice. You agree to remain responsible for payment for all purchases made before the 30 days period expires. We also have the right to cancel your account without notice if you fail to make payments on time.
  15. LIABILITY: We are not responsible for damage or loss caused by failure to make delivery due to labor shortage, strikes, or to conditions beyond our control including customer driveway and fill access during inclement weather. In the event of DEFAULT, and we do not deliver oil as a result of DEFAULT, we will not be liable for any damages in either direct or indirect.
You must read & agree to the Fuel Oil & Kerosene terms to submit the application.

I have read, understand, and agree to all the terms of this Agreement, which include the terms & conditions throughout this application.

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