Terms and Conditions

All invoices are due in full within 45 days from the date of invoice. Customer will be considered to be in default if payment is not made within 45 days of the date of the invoice. Unless a current Prepayment Agreement exists, all deliveries and services will be made at the then current rate, fee, or charge in effect on the date propane is delivered to customer or service is performed on behalf of the Customer.  The current price and/or rate for services and other charges, fees, or costs to customer can be obtained by contacting Acorn at (330) 296-8630.  Acorn reserves the right to increase any process, fees, rates, or charges without prior notice.  Acorn will not deliver to Customer if Customer is in default.  Customer is considered in default if the balance is not paid in full within 45 days of the date of the invoice. To the extent permitted under applicable law, Customer will be responsible for interest at the lesser rate of: a) 8% per annum or b) the highest annual percentage rate permitted by law, on all past due amounts.  Customer will also be responsible for all collection costs (including reasonable attorney fees) and court costs as well as all other fees and expenses relating to the collection of the account.  Customer will allow Acorn access to equipment for delivery of propane and maintenance or removal of this equipment. Such access shall include a designated route for Acorn's truck to access the propane storage tank and related equipment (collectively, the “equipment”) that shall not endanger Customer's premises or Acorn's vehicle. It is expressly understood that Acorn shall not be liable for any damages to Customer's premises so long as Acorn's vehicle uses designated area. Further, Customer will assume liability for any damages to Acorn's vehicle, or additional expenses, such as wrecker fees, caused by said access area not being suitable for use by a propane delivery or maintenance vehicle. Should inclement weather conditions or other circumstances render said access impassable or unsuitable for use by a propane delivery vehicle or for propane delivery, Acorn has the right to defer propane deliveries to Customer until such time as said conditions have been corrected.  

Customer agrees that Acorn shall have the right of entry at all times upon Customer’s premises at any and all reasonable hours of the day for purposes of inspecting the equipment or providing propane delivery.  Customer shall be responsible for maintaining accessibility to said equipment.  It is the responsibility of Customer to contact Acorn should Customer become aware of a possible safety hazard or danger at the Customer’s delivery address, including any possible safety hazard or danger involving Customer’s propane storage tank or other equipment, and/or to provide fourteen (14) days prior notice of any sale/termination if Customer sells the premises or Customer’s lease terminates.  Customer shall be responsible for any repairs or expenses to correct any potential safety hazard or danger.  Acorn reserves the right to not deliver propane, if in its sole discretion, it believes that by doing so, it will pose an unnecessary risk of harm or injury to Customer, Acorn’s employers or contractors, Customer’s property or to the public.  Customer agrees that Acorn may lock off equipment and suspend services if Acorn believes an unsafe condition exists. Customer shall be responsible for the repair and maintenance of all Customer owned propane storage tanks. 

Acorn shall not be liable for any injuries to persons, damages to property, or any other loss sustained by Customer as a result of Customer’s supply of propane becoming exhausted; the installation or removal of the rented equipment; or for any injury, damage or loss due to the intentional acts or negligence by Customer, its invitees, licensees, contractors, employees, assigns, or any third-party.  Customer shall indemnify and hold Acorn harmless for any injuries to persons, damage to property or any loss due to the intentional acts or negligence of Customer, its invitees, licensees, contractors, employees, assigns, or any third-party.  Acorn shall not be liable for any consequential, incidental, indirect, or special damages.  This limitation applies regardless of whether a claim in sought in contract, or tort, or otherwise.  Acorn shall not be liable for any direct or indirect loss as a result of the exhaustion of Customer propane supply, including without limitation: damage to any structure, real property, personal property, or from any resulting water damage caused by frozen pipes or otherwise. Acorn will not be responsible for any delay or damages caused by events or circumstances beyond its reasonable control, including without limitation, acts of God; fire; storms; floods; epidemics, pandemics, other health crises; labor disputes; wars; hostilities; terrorism; changes in laws or regulations; Acorn’s inability to obtain propane or equipment from its suppliers; terminal, refinery, pipeline, or transportation disruptions; or any other circumstance, whether similar or dissimilar, which is beyond the reasonable control of Acorn. If any such circumstance occurs that is beyond Acorn’s reasonable control, Acorn shall not be deemed to be in breach of this Agreement.  Acorn may allocate propane and equipment among its customers in any manner that Acorn deems reasonable.  Customer agrees to obtain any permits and to comply with all applicable laws and regulations. 

If a propane storage tank owned by Acorn is not already on the property, Acorn will install a propane storage tank and related equipment in a location to be specified by Customer and approved by Acorn, serviceable by Acorn, and in accordance with applicable laws and regulations. Customer will not allow the equipment to be serviced by, repaired by, or have propane gas put in by anyone other than an authorized representative of Acorn, without advance written authorization by an authorized official of Acorn. Acorn will maintain equipment in safe working condition, and in compliance with applicable laws and regulations, and keep equipment free and clear of all liens. If Customer suspects any damage, malfunction, or other problem with the leased propane storage tank or related equipment, Customer agrees to notify Acorn immediately.

Upon termination of this Agreement for any reason, Customer will allow Acorn access to premises for the removal of the equipment; guarantee the return of the equipment in good condition, normal wear and tear excepted; assume full responsibility for any damages to the premises in the course of said removal; and assume responsibility for restoration of landscaping, including the filling of holes left in ground if subject equipment is, or includes, an underground tank. In addition, should structures erected by, or other changes effected by Customer, necessitate the rental by Acorn of extra equipment for the removal of the tank, Customer shall reimburse Acorn for the cost of such rental.

ACORN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, PROPANE STORAGE TANK, AND/OR RELATED EQUIPMENT OR SERVICES PERFORMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ARE ACCEPTING ALL PRODUCTS, GOODS, AND SERVICES ON AN “AS IS” BASIS.