This agreement is for all charges accrued between June 1, 2025 and May 31, 2026. If other charges accrue on your account other than propane, they will be deducted from the credit on your account. The following terms are incorporated in & made part of this agreement.
WARNING: LIQUID PETROLEUM (LP) GAS IS EXTREMELY EXPLOSIVE. NO ONE OTHER THAN MIDWEST ENERGY & COMMUNICATIONS, UNDER ANY CIRCUMSTANCES, IS AUTHORIZED TO FILL, CONNECT, DISCONNECT, USE OR OTHERWISE HANDLE IN ANY MANNER MIDWEST ENERGY & COMMUNICATIONS’ EQUIPMENT OR ATTACHMENTS THERETO.
TERM: This agreement shall remain in full force and effect until terminated by either party upon thirty (30) days written notice to the other, or by the dealer, at any time, upon written notice to the customer if the customer fails to make any payments of any nature when due or violates any terms of this agreement. The customer agrees that the written notice of termination or any other notice permitted under this agreement will be deemed sufficient if mailed to the customer at the mailing address shown on this agreement (or any subsequent mailing address provided to the dealer by the customer in writing) by certified mail or regular delivery, all postage prepaid. Any credit remaining by May 31, 2026 can be used for the next year’s Pre-Buy Program, the Budget Program, or purchase of other goods within the company. Any unused gallons as of May 31, 2026 will be billed at the per-gallon rate of the next year’s Pre-Buy Program, or applied toward a new Pre-Buy contract.
NOTICES: All notices or communications shall be in writing and in lieu of personal service, may be given by prepaid fax or mailing, postage prepaid, in a sealed and properly addressed envelope. Notice of communications shall be deemed to have been received twelve (12) hours after sending in the case of a fax, and forty-eight (48) hours after the date of mailing in the case of mailing, in either case excluding Saturdays, Sundays and statutory holidays. The addresses appearing on the front of this agreement in respect to each of the parties shall be addresses to which notices or communications shall be directed. Either party may change its address by notice to the other.
ALTERATIONS TO CONTRACT: This contract contains the whole agreement between the parties and any amendments thereto shall not be effective unless mutually agreed upon in writing.
FORCE MAJEURE: Seller shall not be liable in damages to the Buyer for any act, omission or circumstance occasioned by or in consequence of any act constituting force majeure, and the obligations of Seller then existing hereunder shall be suspended during the period thereof to the extent affected by such events of force majeure. The term "force majeure" shall mean any acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of governments and people, civil disturbances, explosion, breakage or accident to machinery or lines of pipe, freezing of wells or lines of pipe, the necessity for making repairs to or alterations of machinery or lines or pipe, the inability to obtain materials, supplies, permits of labor, any laws, rules, orders, regulations, acts or restraints of any governmental body or authority, civil or military, and any act of mission (including failure to deliver the product) or a transporter of the product to or for Buyer which is excused by any event or occurrence of the character herein defined as constituting force majeure, any act or omission by parties not controlled by the party having the difficulty, and without limiting the generality of the foregoing, any other cause whether of the kind herein enumerated or otherwise not within the control of the party claiming suspension, and which by the exercise a due diligence such party is unable to prevent or overcome. Under no circumstances will lack of finances be construed to constitute force majeure.
ASSIGNMENT: This agreement is for the benefit of, and shall be binding upon the parties, their legal representatives and assigns. Dealer may assign this agreement at anytime. No assignment by the customer shall be valid without the prior written consent of the dealer or its successors or assigns.
GENERAL: This agreement constitutes the entire agreement between the dealer and the customer. No oral promises, understandings, or warranties, express or implied, shall be deemed part of this agreement, nor shall any alternations, amendment or waiver of any of the provisions hereof be binding upon the dealer unless in writing and signed by the dealer's authorized representative. No failure or delay in executing any of the dealer's rights hereunder shall prevent their execution at a later date, nor shall a waiver by the dealer or any breach by the customer be deemed a waiver of any subsequent breach.
DEFAULT: In the event of default hereunder by customer, customer shall be absolutely liable for all costs of collection, including attorney fees and court costs.