Scheduled Delivery Application

Company Agrees: 1.To supply Customer with LP gas during the term of this agreement. 2.To provide an LP gas tank, service line, regulator(s) including installation and labor required to keep such equipment in working order. 3.To notify Customer if account is removed from scheduled delivery status. Customer Agrees: 1.To identify and mark all underground utilities priior to service by the Company. 2.To pay for goods and services within Company's payment terms of net 30 days. Not to tamper with, alter or relocate Company's equipment. 3.To provide safe and unobstructed access to Company's equipment. Customer authorizes employees of Company to enter Customer's premises at any and all reasonable times to service equipment, deliver gas, and upon termination of this agreement to remove said equipment from the premises. If Customer fails to provide safe and inobstructed access to Company's equipment requiring Company to obtain a court order to access and/or remove the same, Customer shall be responsible for all costs associated with ovtaining such court order including reasonable attorney fees. 4.The Company reserves the right to charge a tank "pump out/pick up" fee if service is terminated. 5. To pay the Company the value of the equipment if it is lost, stolen or damaged during the term of this agreement. 6. Scheduled deliver customers must have approved credit, or credit card on file. 7. Customer agrees to pay time price differential of 1 1/2% per month on balances over 30 days. 8. Special deliveries (deliveries made on unscheduled delivery days) will be subject to a delivery charge fee. 9. Customer shall norify Company of any change affecting gas useage, i.e. adding appliances, living space, change of primary residence, etc. 10. Customer is responsible for all permit fees. 11. All rental homes will be on C.O.D. status only. By signing owner/landlord accpets responsibility for charges. Company and Customer mutually Agree: 1. Installation Charges are non-refundable. 2. Title to equipment (including but not limited to propane tanls, blocks and regulators) covered by this agreement shall remain property of the Company. 3. Ellsworth Energy Services, LLC/Ellsworth Farmers Exchange is NOT RESPONSIBLE FOR CUSTOMER "FREEZE UPS" DUE TO ERRATIC GAS USEAGE (due to other heat sources or change in sonsumption (OR INABILITY TO MAKE DELIVERY (weather, drives not plowed, etc) Customers must report % whenever possible and must exercise due care (e.g. electronic monitoring of inside temperature, caretaker, turn off power to water pump, winterize home, etc) when leaving residence for extended periods of time and Customer agrees to indemnify and hold Company harmless from any losses or customer freeze ups due to Customers's failure to properly monitor the amount of fuel in the tank at any given time. 4. The company is not responsible or liable for failure to perform any of the duties under this Agreement if such failure is caused by accident; weather condition; fire; flood; or other acts of God or natural catastrophes; labor disturbances or shutdowns, failure of the Company's supplier of LP gas to provide gas to the Company; or any other cause beyond the reasonable control of the Company. 5. This agreement shall be governed under the laws of the State of Michigan. If it is determined by a court of law that a particular provision of the agreement is not valid, all other provisions shall remain in effect.