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Credit Approval/Account Set Up
All propane accounts must be credit-approved. An authorized agent of MX Petroleum Corp. (hereafter referred to as MX) will use the information provided to verify credit through an outside credit reporting agency. The credit application will remain on file for the duration of your time as a customer. All information provided is for MX’s use only and will not be shared with any outside parties. Please be advised that all credit-approved propane accounts will be set up with automatic delivery. MX is not responsible for product run-out for accounts not enrolled in our automatic delivery option. Customers choosing to call in for their deliveries must be sure to always monitor their tank levels and contact MX to request a delivery when needed. MX will schedule all call-in deliveries on the first available day possible. MX reserves the right to remove your account from automatic delivery at any time if you fail to abide by the terms and conditions outlined in this agreement. If, for any reason, you choose to have your account removed from automatic delivery, it is required that you submit a written request to our office at PO Box 638, Massena, NY 13662.

General Terms & Conditions of Payment
MX Petroleum Corp. requires payment in full within 10 days of your delivery or before your next delivery, WHICHEVER COMES FIRST. No deliveries (call-in or automatic) of any product will be made if there is an outstanding balance owed on account. To the extent that purchases remain unpaid beyond agreed terms, MX will assess finance charges or interest, whichever is applicable, at the maximum rate allowable under NY State Law. Payments received will be applied to any finance charges or interest owing on the account first, with any remaining credit to be applied towards the aging balance. (MX. does not accrue interest upon interest).

If payment is not received within 30 days from the date of delivery, then you will receive written and/or verbal notice that the tanks will be picked up due to non-payment. Any costs and/or fees accrued due to tank pick up will be the responsibility of the customer.

If full restitution is not made on purchases within 60 days and no other payment agreement can be reached, Seller reserves the right to charge credit card on file or perform an E.F.T. payment using your bank information to secure the balance past due on account. If this option is not available, MX also reserves the right to proceed with collections through a 3rd party agency or take civil action against you in a court of law. Any expense accrued by MX while attempting to collect a debt owed, including but not limited to reasonable attorney fees and court costs, must be reimbursed to MX by you, the customer.

Automatic Payment Terms & Conditions Any customer enrolled in automatic payments with MX recognizes the following: MX desires the flexibility to collect payments for business transactions through the Automated Clearing House Network. The customer agrees to grant MX such flexibility.
Automatic Payment Customers (1) Authorize MX to collect payments for business transactions by their specified method EFT or automatic payment processing to a specified debit/credit card provided, (2) Certify that they have provided MX with a valid depository financial institution, (3) Directs that all such electronic funds transfers or automatic debit/credit card payments be made as specified (4) has provided all necessary documentation to process payments via their selected method.

Customer shall receive notice of invoices and/or debits in such form as requested and at such time as established by MX. If any debit to the Customer’s account is dishonored by the bank (for whatever reason), MX shall be entitled to recover from the Customer all charges imposed by the bank. Any such occurrence of dishonored items may result in the termination of the customer’s credit status.

Lock-In Pricing Terms & Conditions
Customer understands that the “Lock In” period is valid for the period shown on the Lock in Agreement. At the end of the Lock In period, your account will automatically revert to market pricing.

By choosing the “Lock In” Price Option, you understand that you will be bound by the following:

• Locking in your price will not move up or down
  


• If at the end of the “Lock In” period, or upon earlier termination of this agreement by the customer, MX will have the right to assess and collect from the customer a charge equal to the number of committed gallons not purchased multiplied by the amount of your “Lock In” price. A customer is making their best efforts to live up to the spirit of this agreement, and those who purchase all their fuel requirements from MX will not be penalized should their purchases fall short of the committed gallons due to warmer weather or improvements to their heating system.


• The “Lock In” pricing information listed on your “Lock In” Agreement is effective for the date range as specified on the agreement; at the end of the “Lock In” period listed, your pricing will automatically revert to market pricing. If the number of gallons purchased is greater than the number of gallons committed to in this “Lock In” Agreement, all additional gallons, more than your committed gallons, will be billed at market price.
  


• Should you decide to cancel your purchases or if your deliveries are stopped for any reason, such as non-payment of balance owed or changing providers during the contract period, you will be in default and may be subject to penalties. Penalties may consist of any additional costs, such as collection costs and attorney fees, incurred by MX due to your cancellation. Furthermore, you will be subject to a $150.00 (plus applicable taxes) tank pick-up fee and a $1.00 per gallon restocking fee.

MX Propane Tank and Monitor Usage / Applicable Rental Fees and Minimum Purchase Requirements
By signing this contract, you are agreeing to a minimum yearly (January 1st – December 31st) purchase requirement described below. These requirements will take effect beginning January 1st of the year following the contract date.

Any MX Petroleum Corp.-owned Propane Tanks(s) or equipment set at a customer’s location remains the property of MX.>/strong>

ONLY MX Petroleum Corp. is permitted to fill, perform pump outs, or move MX-owned tank(s)/equipment. Customers in violation of these terms may be subject to additional fees, pending a review by MX. Furthermore, customers are responsible for any damage to MX tank(s)/equipment, except for normal wear and tear, and any fees assessed because of failure to abide by these terms.

MX may charge a yearly tank rental fee or a delivery fee per tank. In the event a customer fails to meet the minimum purchase requirements, MX reserves the right to charge a yearly rental fee of $100.00 per tank for the shortfall of gallons. Account reviews will be in the month of January, and any applicable rental fees will be billed at this time.

Required Purchase Requirement
– 200 lb Tank – 50 Gallons Per Year
– 330 Gallon Tank- 350 Gallons Per Year
– 420lb Tank – 100 Gallons Per Year
– 500 Gallon Tank – 500 Gallons Per Year
– 1000 Gallon Tank – 1000 Gallons Per Year

Propane Tank Monitor Usage Fees: Customers establishing propane service through MX that will be utilizing MX propane tanks will have the option of having a monitor system installed on their tank(s) for a yearly fee, which is determined based on the customer’s yearly propane volume and the number of monitors to be installed at the location. MX reserves the right to remove a monitor from a customer’s location at any time if the customer fails to maintain an acceptable credit rating with MX, misuse or damage of MX’s equipment, or in the event the customer fails to meet the minimum yearly gallon purchase requirements. Below is a breakdown of the Monitor Usage Fees per yearly propane volume requirements:

< 500 Gallons per Year - $75.00 per year for 1st monitor / $50.00 per year for each additional monitor
500 – 1000 Gallons per Year – $50.00 per year for 1st monitor / $ 35.00 per year for each additional monitor
1001 Gallons per Year or more – No Charge for 1st monitor / $25.00 per year for each additional monitor

*Owners/Landlords of rental properties:
In the event you are the legal property owner but use the delivery location as a rental property, you are responsible for notifying us of a change in tenant at said location. Any deliveries made to the location without an active supply agreement on file for the current tenant will be billed to the property owner/landlord. Any unpaid product remaining in the tank at the time the tenant vacates the location will be made available for purchase to you; in the event you decide to opt out of purchasing this unpaid product, MX reserves the right to perform a pump out to recoup its costs. In the event the tenant fails to pay any balance due on his/her account, resulting in the need for a tank pick up, MX will contact the property owner/landlord to allow them the opportunity to settle the debt owed and avoid a tank pick up. The property owner/landlord must understand that no deliveries will be made to their property in the event their tenant owes an outstanding balance.

**If you are not the legal owner of the property on which the tank is set (tenant), you are required to pay a $150 security deposit. MX reserves the right to retain this deposit in the event of termination/default of contract**


Termination/Default of Contract:

• Fails to maintain an acceptable credit rating with MX or is otherwise in arrears on any bill due to MX or its service representatives; (MX does not accept C.O.D. Propane Accounts.

• Misuse and/or damage of MX’s equipment

• Fails to meet minimum yearly gallon purchase requirements

In the event of termination of service, whether requested by MX or the customer, a pick-up fee of $150.00 per delivery location plus a restocking fee of $1.00 per gallon for any product remaining in tanks at the time of pick-up will be charged to your account. If any of these fees apply, the customer agrees to pay these fees within 10 days from the date of tank pick up.