We will DISCONNECT your current tank and RECONNECT the new tank, ensuring a proper tank connection.
Our delivery technicians are not permitted to enter a customer's home In order to receive the CONNECTION SERVICE the tank/grill must be accessible from outside the house.
If your propane tank is very rusty or does not have an OPD Valve, you WILL NEED IT REBURBISHED:
If your tank is excessively rusty or does not have an OPD Valve, it will not qualify as an even exchange. Our technicians are not permitted to exchange tanks that do not meet these requirements UNLESS you have pre-selected the Tank Refurbishment Service.
IMPORTANT - READ CAREFULLY BY CLICKING THE "I ACCEPT" CHECKBOX DISPLAYED AS PART OF THE ORDERING AND/OR REGISTRATION PROCESS, OR BY OTHERWISE USING THE SERVICES (AS DEFINED), YOU AGREE TO THE FOLLOWING PROPANE CYLINDER EXCHANGE AGREEMENT ("AGREEMENT") GOVERNING YOUR USE, RECEIPT AND PAYMENT FOR THE SERVICES PROVIDED BY EZ-GAS TO GO OR ITS DESIGNEE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU," "YOUR," OR ANY VARIATION THEREOF SHALL REFER TO SUCH ENTITY, ITS OFFICERS, EMPLOYEES AND CONTRACTORS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT WISH TO RECEIVE THE SERVICES DO NOT PROCEED WITH THE ORDERING AND/OR REGISTRATION PROCESS AND DO NOT USE THE SERVICES. THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT ARE LEGALLY BINDING UPON THEIR ACCEPTANCE. This Agreement is a legally binding agreement between you and EZ-Gas To Go, LP, 1763 FM 2673, Canyon Lake, Texas 78133 (referred to herein as "EZ-Gas To Go"). You and EZ-Gas To Go are collectively referred to herein as "parties." 1. Services: (a) sells liquid petroleum gas ("Propane") for use in motor fuel cylinders ("Cylinders") owned by its customers by delivering and retrieving the Cylinders to and from the end user's residence (each a "Customer Location"); these Cylinder exchanges, along with the other service and product offerings more further set forth and provided for or described on the Website (as defined) are collectively referred to herein as, the "Services." (b) You are requesting EZ-Gas To Go to provide you with the Services and the provision of the Services is governed by this Agreement. Subject to the terms and conditions of this Agreement, EZ-Gas To Go shall provide the Services in accordance with the terms, specifications, pricing, offers and other information found on the company's official world wide website located at the URL of http://www.ez-gastogo.com, as the same may be amended from time to time (the "Website"). You expressly agree to pay for the Services as and when provided. The Services shall be provided upon your order or authorization thereof through the Website or as otherwise communicated by you and accepted by EZ-Gas To Go (each an "Order"). (c) Unless otherwise agreed to by you, a single Order does NOT obligate you to any future or additional Orders. 2. Equipment: EZ-Gas To Go agrees to sell or exchange for like-in-kind Equipment. EZ-Gas To Go has the right to refuse to exchange, or levy a refurbishment fee on any Equipment that is unsafe or otherwise unsuitable for further use in its judgment. 3. Fees and Payments: (a) Buyer shall pay all fees or charges in connection with the provision of the Services, the Equipment or otherwise in accordance with the terms set forth herein. All payments hereunder shall be made in advance and must be guaranteed through the use of a valid and approved credit card pursuant to the ordering and registration process on the Website, and any requirements imposed by third party carriers associated therewith. Buyer expressly agrees to and authorizes all charges to their credit card account in connection with any Order or receipt of the Services, or purchase and/or replacement of the Equipment. All other invoices or billings, if any, are due upon receipt. In the event your credit card is rejected or payment is not received in a timely manner as solely determined by EZ-Gas To Go, EZ-Gas To Go reserves the right to suspend access to your account and the Services. (a) In addition to the fees set forth on the Website or in connection with your account for the provision of the Services and/or the supply of the Equipment, EZ-Gas To Go reserves the right to charge, and you expressly agree to pay, the following additional fees and associated taxes when and where applicable: (i) a "Cancellation Fee" for Orders that are canceled within twenty four (24) hours of their scheduled delivery time; (ii) a "Redelivery Fee" for each and every Cylinder which is not reasonably accessible for replacement or refill by EZ-Gas To Go; (iii) a "Connection Fee" in the event the EZ-Gas To Go technician needs to connect or disconnect any of the Equipment not in accordance with the Services being provided; (iv) a "Refurbishment Fee" for Cylinders that are unsafe or otherwise unsuitable for further use in EZ-Gas To Go's sole judgment; and (v) any and all taxes, levies, or duties associated with the Services as required by any jurisdiction from which or in an Order is placed or filled. All additional fees will be reasonable and in accordance with the industry standards for the area in which the Customer Location is located. (b) Buyer agrees to provide EZ-Gas To Go with complete and accurate billing and contact information through the Website. This information shall include, but not be limited to, your name, address of the Customer Location where you want the Equipment delivered, accurate and up to date credit card information, a functional e-mail address, as well as the name and telephone number of an authorized billing and delivery contact where necessary. It is the Buyer's sole responsibility to update this information prior to any scheduled deliveries. Failure to update information in a timely manner may lead to redelivery or cancellation fees. (c) All chargebacks, returned checks or suspended payments are subject to a "Return Fee" of not less than fifty dollars ($50), and you expressly agree that EZ-Gas To Go may use any and all lawful means to recover all fees due, including, but not limited to, charging the fees to another credit card of yours on record, reversing any credits to your account, recovering any Equipment in your possession, or otherwise instituting collection proceedings against you. (d) All fees and charges associated with the provision of the Services and the Equipment are subject to change without notification requirement. You may receive the most up-to-date pricing for the Services and Equipment on the Website and obtain any then current additional fees and taxes from the company by email at email@example.com. Unless otherwise agreed by EZ-Gas To Go, EZ-Gas To Go will provide you with a receipt for all charges to your account in electronic mail format. 4. Title to Equipment and Propane: (a) You agree that in any exchange for like-in-kind Equipment, title to the Equipment retrieved from the Customer Location transfers from you to EZ-Gas To Go upon their retrieval. Title to the Equipment deposited at the Customer Location transfers to the Customer. 5. Alteration and Maintenance: (a) You agree not to service or make any alterations to the Equipment and you shall not remove anything therefrom, including, but not limited to, any valves, gauges, fittings or other appurtenances. At all times and until expressly revoked by you, you shall grant EZ-Gas To Go the right and means of unrestricted access to the Equipment in order to fill, inspect, change, exchange or remove all or part of the Equipment and/or to provide the Services. You expressly indemnify and hold EZ-Gas To Go harmless from any and all alterations to the Equipment not performed or authorized by EZ-Gas To Go. (d) During the term of this Agreement and at all times while you are receiving the Services, you agree to the proper, safe, diligent, and documented maintenance of all Equipment, whether purchased or leased from EZ-Gas To Go or owned by you, such that the Equipment, when exchanged by or returned to EZ-Gas To Go, is in the same condition as received, normal wear-and-tear excepted. Further, you agree to use the same level of care and maintenance with any other equipment you use the Equipment or Propane in connection with, and agree that EZ-Gas To Go may refuse to provided the Services or exchange or deliver Equipment and/or Propane to the Customer Location in the event EZ-Gas To Go, in its sole discretion, believes the use of the Equipment or Propane at the Customer Location and/or with the other equipment located thereon is unsafe, unlawful or otherwise not advisable. The immediately foregoing creates no duty or responsibility of EZ-Gas To Go to inspect the Customer Location or any equipment that you may or may not intend to use the Equipment or Propane with, and EZ-Gas To Go makes no warranty of any kind or nature that it will, nor will it be liable in any fashion to you or any third party for making or failing to make any such inspection. (e) You agree to promptly notify EZ-Gas To Go of any apparent malfunction in Equipment so that EZ-Gas To Go may repair such malfunction immediately. You will not endeavor, nor will you allow or commission any third party, to repair such malfunction of any of the Equipment during the term of this Agreement and as long as you are receiving the Services, and you expressly indemnify and hold EZ-Gas To Go harmless from any such unauthorized attempted repair. 6. Safety: (a) You expressly acknowledge that there are hazards (disclosed and undisclosed, known and unknown) associated with the Equipment and Propane, as well as the storage, use and handling thereof, including, without limitation, the potential for property damage, injury, or even death. You acknowledge that you have been trained, will continue to be trained and are familiar with the use of Propane and the Equipment, and are fully aware of such hazards whether or not articulated herein, on the Website or elsewhere by EZ-Gas To Go. You have reviewed and will continue to review on a regular basis EZ-Gas To Go's safety tips on the Website (http://www.ez-gastogo.com) and as otherwise provided thereby, thereon, or elsewhere, and hereby disclaim any and all liability of EZ-Gas To Go in connection therewith. EZ-Gas To Go makes no warranty now or in the future of any kind or nature in connection with the foregoing safety tips, including, without limitation, the adequacy thereof, nor will it be liable in any fashion to you or any third party for posting or not posting any safety tips or warnings in connection with any of the Services, the Equipment and/or Propane, or its storage, use or handling. (b) Buyer assumes all responsibility for the suitability and the results of using the Equipment and/or Propane alone or in combination with other equipment, articles and/or substances, and you hereby indemnify and hold EZ-Gas To Go harmless for any such use, authorized or unauthorized. (c) By using the Services, you understand that it is your sole responsibility to obtain proper training and implement proper safety policies and processes for and with the use of the Propane or any of the Equipment. You warrant that you have been trained and will continue to be trained as necessary. 7. Entrance Upon Customer Location: (a) Until expressly revoked, you hereby grant to EZ-Gas To Go and/or its contractors a right to enter upon the premises of the Customer Location to provide the Services and to remain thereon for a reasonable period of time to perform the Services. (b) You agree to keep the Equipment in a safe location on the Customer Location that is easily accessible to EZ-Gas To Go for the provision of the Services, safeguarded and away from any and all hazards, natural, structural or otherwise. Further, you agree to keep the Customer Location in a condition and manner consistent with the provision of the Services hereunder and the safe storage and use of the Equipment and/or the Propane. (c) You are strictly liable for any injury suffered by any individual providing the Services while on the Customer Location. 8. Buyer's Responsibilities and Warranties: Along with the other representations and warranties made by you, both expressly herein and implied by law, you hereby make the following representations and warranties and expressly indemnify and hold EZ-Gas To Go harmless in connection therewith. (a) At your sole cost and expense, you shall obtain and maintain for the duration of this Agreement, all permits, variances and other necessary approvals required by federal, state or local government for the installation and operation of the Equipment and the use of the Propane. (b) You warrant that you have the legal right to have the Equipment and the Propane delivered, installed and/or used at the Customer Location during this Agreement, and that your use, maintenance and storage thereof is and shall remain in compliance with all applicable regulations, laws, codes, permit requirements and/or the requirements of any authority having jurisdiction regarding the Propane, Cylinders or any of the Equipment. (c) You warrant that the Customer Location will have adequate access for the provision of the Services, including, but not limited to, where the Equipment is located. (d) You represent and warrant that it is your sole responsibility to receive training in the use of Propane and the Equipment prior to using them, and are fully aware of all hazards associated therewith whether or not articulated herein, on the Website or elsewhere by EZ-Gas To Go. (e) You warrant that you acknowledge that EZ-Gas To Go has no means of control over the Equipment and/or the Propane or its uses after it has been delivered to you, and that you shall have strict liability for any and all use thereof. 9. Liability/Indemnification: You hereby expressly, and without any reservation or other carve out, release in all manner whatsoever and agree to indemnify and hold EZ-Gas To Go, its employees, officers, directors, contractors and affiliates, as well as those of its parent, subsidiaries, contractors, affiliates, agents and its and their successors and assigns, harmless from and against any claim, liability, loss, damage, personal injury (including wrongful death), property damage or other consequence to any person or entity including any of your employees, expenses (including reasonable attorneys' fees) and other non economic and economic loss including lost profits and revenue (collectively "Claims") resulting, either directly or indirectly, from (a) your use of the Equipment or Propane or tampering or unauthorized servicing thereof; (b) breach of any of your representations or warranties set forth herein or implied by law; (c) any defects or liabilities caused by equipment owned by you; or (d) your negligent acts and/or omissions and willful misconduct. EZ-Gas To Go shall not be liable to you, your employees, guests, contractors or any third party for any Claim (including wrongful death) unless directly caused by EZ-Gas To Go's sole gross negligence or willful misconduct, provided, however, that no Claim may be levied against EZ-Gas To Go more than one (1) year after the date of the event from which the Claim arose. 10. Limitation of Liability: EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 9 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EZ-GAS TO GO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, INDIRECT DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF GOODWILL (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER FORM OF ACTION, EVEN IF EZ-GAS TO GO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. EZ-GAS TO GO'S TOTAL LIABILITY TO YOU FOR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO EZ-GAS TO GO HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE CLAIM ARISES AND THE EXISTENCE OF TWO (2) OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. YOU ACKNOWLEDGE THAT THE PRICES SET FORTH IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF LIABILITY. 11. Warranty: (a) EZ-Gas To Go warrants that the Propane and the Equipment will, at the time delivered or provided by EZ-Gas To Go, meet EZ-Gas To Go's then published specifications (the "Specifications"). You agree to inspect the Equipment and Propane on delivery to ensure it meets the warranty set forth above. You may reject the Equipment and/or Propane which do not meet the Specifications on their delivery to the Customer Location and no charge will be made for any Equipment or Propane so rejected. You must notify EZ-Gas To Go of any warranty claim upon delivery. EZ-Gas To Go will replace any rejected Equipment and/or Propane at no additional cost to you. (b) THE IMMEDIATELY FOREGOING CONSTITUTES YOUR EXCLUSIVE REMEDY AND EZ-GAS TO GO'S SOLE OBLIGATION WITH RESPECT TO ANY SUCH CLAIM WITH REGARD TO REJECTED EQUIPMENT AND/OR PROPANE. THERE ARE NO EXPRESS WARRANTIES BY EZ-GAS TO GO OTHER THAN THOSE SET FORTH AND SPECIFIED IN THIS SECTION 11. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION BUT PROPANE MAKES ABSOLUTELY NO WARRANTY THEREOF. EZ-GAS TO GO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, HOWEVER EZ-GAS TO GO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION CONTAINED ON THE WEBSITE, NOR THAT THE WEBSITE WILL BE AVAILABLE FOR YOU TO PLACE ORDERS ON. NO WARRANTIES BY EZ-GAS TO GO WILL BE IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW AND EZ-GAS TO GO DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS OF A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPANE AND EQUIPMENT ARE OTHERWISE PROVIDED ON AN "AS IS" BASIS. 12. Force Majeure: EZ-Gas To Go shall not be liable to you or any other person for failure to supply any Equipment and/or Propane or for any delay, loss or damage, or any failure to perform this Agreement due to any condition beyond its reasonable control, including, but not limited to, flood, fire, earthquake, volcanic action, explosion, power blackout, weather storm, strike, labor dispute, embargo, inability to obtain sufficient or suitable materials, acts or omissions of carriers or transportation facilities, governmental regulation, civil or military authority, acts of God, war, or terrorism, or any other cause whether or not similar to the foregoing. 13. Successors/Assignment: This Agreement shall inure to the benefit of and binding upon the parties and their respective successors, legal representatives and assigns, except that you shall not assign this Agreement without the written consent of EZ-Gas To Go. It is agreed that EZ-Gas To Go may assign this Agreement at any time. 14. Notices: All communications and notices provided for or permitted hereunder to EZ-Gas To Go shall be effectively given if in writing and received by EZ-Gas To Go either via mail or sent by a reputable overnight delivery service with fees prepaid to the address set forth above, or as otherwise provided for on the Website. All communications to you shall be in the form of electronic mail to the email address associated with your account. EZ-Gas To Go is not responsible for any communications or notices not received by you in the event you have provided and inoperable email address. 15. Governing Law, Venue: The most current version of this Agreement as found at any time on the Website shall be the applicable to the parties hereto. The laws of Texas, without regard to its conflicts of laws provisions, shall govern this Agreement. Each party: (a) irrevocably and unconditionally consents and submits to the jurisdiction of the applicable courts located in Comal County, Texas for purposes of any action, suit or proceeding arising out of or relating to this Agreement; (b) agrees that service of any process, summons, notice or document by registered mail or to the equivalent to the Customer Location or to EZ-Gas To Go's address set forth above shall be effective service of process for any such action, suit or proceeding brought against such party; (c) irrevocably and unconditionally waives any objection to the laying of venue (forum non conveniens) of any action, suit or proceeding arising out of or relating to this Agreement in any appropriate court located in Colin County, Texas; and (d) irrevocably and unconditionally waives the right to plead or claim, and irrevocably and unconditionally agrees not to plead or claim, that any action, suit or proceeding arising out of or relating to this Agreement that is brought in any court located in Canyon Lake, Texas has been brought in an inconvenient forum.