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and State of NORTH CAROLINA, herein after called the “Customer”. ... arising by any reason of non-Company portion of any installation, including appliances, ...


THIS AGREEMENT, made this ____ day of _______________, 20___, by and between ASHEVILLE OIL COMPANY d/b/a SMOKY MOUNTAIN HEATING & AIR, herein after called the “Company” and ___________________________ of the town of _________________ and State of NORTH CAROLINA, herein after called the “Customer”. WHEREAS, the Customer desires to purchase liquefied petroleum gas (propane) from the Company, and has requested said Company to loan and install equipment for the better storage, handling and dispensing of such products, on the premises situated at ______________________________________________ ,NORTH CAROLINA and WHEREAS, the Company, in pursuance of such request is about to loan and install upon said premises the following equipment, except piping: MANUFACTURER MODEL NO. SERIAL NUMBER CAPACITY

Subject to the following terms and conditions.

1. Customer agrees to pay the Company an annual rental equal to the annual rental fee established by the Company and in effect at the time of this agreement and at each subsequent renewal period. Said annual rental shall be payable in advance, to cover delivery and use of the LP Gas system for a period of one year. The initial term for this agreement shall be one year and the agreement shall be considered automatically renewed at the end of each term for an additional one year period upon receipt by the company of the yearly rental fee. 2. Customer agrees to pay all installation and outlet charges in advance and Company agrees to furnish and install tank in an appropriate and easily accessible location on Customer’s premises that is mutually agreed to by both the Customer and Company. The Company will maintain the tank in efficient operation condition against ordinary wear and tear and defects of workmanship or materials provided that Customer notifies Company when maintenance is required. 3. The said system shall remain the sole property of the Company free of all claims of whatsoever character of or against Customer and the parties specifically agree that said system is personal property and shall not become a part of the realty where installed. The said system shall not be changed, removed or reinstalled except by the Company, and Customer agrees not to delete or remove any identification marks from the same. The Customer agrees to pay all taxes and special assessments levied against such equipment while in his possession. In the event that the Customer moves or the premises on which the system is installed is sold or transferred, Customer agrees to immediately notify the Company along with the name and contact information for the new owner or occupant. 4. In accordance with N.C. General Statutes G.S. 119-58 (b), Customer agrees to use only gas purchased from the Company of the said system during the rental period and Customer will not allow or authorize other companies or their agents to connect to or dispense into or remove product from said system. 5. The Company may at any time with or without notice treat this Agreement as terminated and remove said system from the premises of the Customer without refund of any portion of the rental fee but giving credit for customer’s gas in said system less any charges associated with the pick-up and return of said system, if a. Customer fails to pay gas bills in accordance with Company credit terms or rental fee in full, or b. Customer used LP Gas in said system purchased other than from the Company, or c. Customer ceases to purchase as much as 400 gallons of LP Gas from the Company for system in the preceding twelve (12) months, or d. Customer moved from the premises where the said system is installed, or e. Customer violates any provision of this Agreement. 6. Customer consents to the Company’s entrance on the premises for the purposes of installing, delivering product, or removing said system and agrees that the Company shall not be liable for any injury or damages to any property of the Customer by reason of such entry or repossession or removal. If said system shall be withheld from the Company by Customer, or the Company shall not be able to locate the said system to repossess the same, then, in either event, Customer shall be liable to the company for the current retail value of the installation. 7. Company shall not be liable for results or damages arising by any reason of non-Company portion of any installation, including appliances, nor for adjustments connections or disconnections, nor for any form of tampering with the system, piping or appliances by any person other than Company employees and if Customer permits any such, Customer agrees to hold Company harmless on account thereof. 8. Company will do all within its power to deliver fuel given highway or weather conditions or in times of national emergency. 9. Customer agrees to provide access to the tank for delivery and maintenance. 10. Should it become necessary for the Company to repossess said system through an attorney or the legal system or otherwise employ an attorney or seek legal means to enforce its rights under this Agreement, then in that event Customer agrees to pay all costs and reasonable attorney’s fee so incurred by the Company. 11. Customer shall have the right to assign this Agreement with the written consent of the Company and providing that the assignee will execute a new Agreement in their name. 12. Should this Agreement be terminated for any reason prior to expiration of the term of this Agreement, no advance rental payments will be refunded. 13. Customer agrees to abide by the credit terms established by the Company so long as this Agreement is in effect. Customer agrees to pay in accordance with the credit terms established for the Customer, but understands that Company may change Customer’s credit basis in the future. 14. Appliances using LP Gas: _______________________________________________________________________ ______ 15. This Agreement includes the entire contract between the parties and can be amended only in writing signed by the parties.

Date: ____________________ Customer: ______________________________________________

Spouse: _______________________________________________

Date: ____________________ Company: Asheville Oil Company / Smoky Mountain Heating & Air

By: _____________________________________________

The undersigned, as owner of the premises on which said LP gas system is (to be) installed, consents to the installation, use and removal of said system as provided in this Agreement.

Date: ____________________ Owner of premises: ______________________________________________ ----------------------- [pic]

ASHEVILLE OIL COMPANY SMOKY MOUNTAIN HEATING & AIR 4 Fairview Road PO Box 5377 Asheville, NC 28813-5377 Phone: (828) 274-7978 Fax: (828) 274-6673