Terms & Conditions

 


By accepting supply of Gas, you agree to be bound by these conditions. These conditions apply except if inconsistent with an agreement you have made with us.

2. EQUIPMENT
2.1 The Equipment means all Liquefied Petroleum Gas (LPG) storage or associated equipment lent by Elgas to Customer from time to time and includes all LPG Cylinders. The number of items of Equipment lent by Elgas to Customer is, as at the commencement of this Agreement as set forth in the Schedule and is thereafter the number as taken from time to time from Elgas’ computer onto Elgas’ invoice for a service charge, which Customer accepts as correct (but not necessarily as complete), if Customer does not dispute that number in writing to Elgas within 14 days after Elgas sends Customer that invoice.
2.2 The Premises are referred to in the Schedule and any attachment hereto. Where the Premises include more than one address, there is a separate agreement between Elgas and Customer for each of those addresses, on the same terms and conditions as set forth in this Agreement, save as varied by the written consent of Elgas and Customer.
3. LPG PURCHASES, PRICE, EQUIPMENT SERVICE CHARGE AND PAYMENT
3.1 Subject to this Agreement, Customer must purchase and Elgas must supply all of Customer’s requirements of LPG at the Premises. Elgas shall deliver that LPG (Elgas LPG) in Cylinders or such other method as agreed.
3.2 The Price for Elgas LPG sold to Customer shall be that applicable as at the time of delivery and shall be in accordance with the Schedule and shall vary to be the amount as notified from time to time by Elgas to Customer. Such notification may be by supply of Elgas’ delivery docket or invoice to the Premises or by postal notification. Price variations may be based on a number of factors, including variations in the world LPG pricing (presently being Saudi Aramco contract price), exchange rate fluctuations, haulage and transport costs, changes in the law, costs of taxes (including carbon taxes) or emissions trading and other commercial considerations. Their application may vary in timing & magnitude.
3.3 The Equipment Service Charge shall be in accordance with the Schedule and shall vary to be the amount as notified from time to time by Elgas to Customer. Such notification may be as provided in clause 3.2 hereof. Customer must pay Elgas for any Equipment Service Charge (plus any GST) without deduction within twenty one days after the date of Elgas’ invoice.
3.4 Subject to the following, Customer must pay Elgas for Elgas LPG and GST thereon without deduction by the twenty-first day of the month immediately following its delivery, provided that if Elgas so notifies Customer, such amounts are payable before delivery. Ownership of Elgas LPG delivered in a Cylinder will only pass from Elgas to Customer upon payment by Customer for all that Elgas LPG in that Cylinder and until such payment, all the Elgas LPG in that Cylinder, being owned by Elgas, may be repossessed by Elgas as provided herein. Customer’s consumption of LPG in Cylinders occurs first from Cylinders in which the Elgas LPG is owned by Customer. If Customer does not pay any money due to Elgas or if Customer intimates that Customer will not or cannot pay any money yet to become due to Elgas, Elgas is not thereafter obliged to deliver Elgas LPG to Customer and Elgas may repossess the Elgas LPG owned by Elgas and the Cylinders containing such Elgas LPG.
3.5 If there is or is likely to be a shortage of Elgas LPG or delivery facilities, Elgas may ration its available supply of Elgas LPG reasonably among its customers and is not obliged to replace any affected source of supply or delivery facilities, if it involves additional expense.
3.6 Customer must pay Elgas any Goods and Services Tax (GST) payable in respect of a supply under this Agreement. A company Customer which fails to pay an amount overdue hereunder for Elgas LPG and GST thereon, shall pay Elgas interest on the unpaid balance of that amount at the overdue interest rate then published by Elgas accruing as from the issue of a notice by Elgas to Customer.
3.7 In no case will Elgas be liable to Customer or any other person for indirect or consequential loss (including without limitation loss of use of goods and services, loss of income or profits and loss or damage to persons or property) or damage of any kind arising out of or attributable to any breach or negligence by Elgas or any act or omission by Elgas. Elgas shall have no liability to Customer for events beyond the direct control of Elgas. Regardless of the legal basis of any claim made against Elgas in no case shall the extent of Elgas’ liability under that claim exceed the original contract price supplied by Elgas which gave rise to the claim. Customer shall indemnify Elgas from any claim made by any third party in respect of any damage or loss to any third party caused by the actions of Customer from the LPG or the equipment while they are in the possession of Customer. All Elgas LPG in the Equipment is at Customer’s risk.
4. EQUIPMENT AND PREMISES
4.1 The Equipment remains at all times the sole property of Elgas. Customer must not purport to sell, encumber, part with possession of, or otherwise do anything prejudicial to Elgas’ title to the Equipment. Customer must keep legible and visible all trade marks and signs of Elgas on the Equipment. Customer must not remove the Equipment from the Premises during the currency of this Agreement.
4.2 Customer must hire the Equipment from Elgas for the entire currency of this Agreement. Customer must only use the Equipment to store and consume Elgas LPG. Customer must give Elgas at least 2 business days notice before Customer vacates the Premises.
4.3 Customer must account to Elgas for all items of Equipment lent to Customer. Customer must pay to Elgas the replacement cost of any item of Equipment which is rendered unusable or unsafe by damage or is lost, stolen or removed from the Premises.
4.4 Elgas is irrevocably authorised to enter the Premises at all reasonable times to exercise any of its rights or perform any of its obligations under this Agreement or to do any act ancillary thereto.
5. SAFETY
5.1 In respect of Elgas LPG and the Equipment, Customer must:
(a) inspect the Cylinders before connection to vehicles or other equipment and notify Elgas by telephone immediately upon becoming aware of any defect in them;
(b) ensure that all persons who handle Elgas LPG or use the Equipment are fully trained to do so in a safe and proper manner and are informed of and fully understand all relevant laws and statutory regulations and instructions of Elgas relating thereto;
(c) handle them only in a safe manner;
(d) comply with all laws, including the Hazardous Substances and New Organisms Act 1996 and with Elgas’ reasonable instructions relating to handling or storage;
(e) not use or repair the Equipment, if it is not, or appears to Customer not to be, in good working order;
(f) maintain a location test certificate for the Equipment and permit only Elgas or persons authorised by Elgas to fill LPG into the Equipment; and
(g) exercise every care in handling the Equipment and afford it all reasonable protection from misuse and damage (fair wear & tear excepted).
5.2 Customer must indemnify Elgas for all losses claims and demands arising in respect of a breach of clause 5.1 hereof.
6. PERIOD, CONTINUATION AND TERMINATION
6.1 Subject to the following, this Agreement is for the Initial Period and continues thereafter until terminated by either party giving at least three months notice in writing to the other, ending on or at any time after the end of the Initial Period.
6.2 Elgas may terminate this Agreement by notice to Customer forthwith if:
(a) Customer fails to perform an obligation in clause 3.1, 3.3, 3.4, 4.1, 5.1(b), 5.1(c) or 5.1(d) of this Agreement and fails to rectify that non performance within seven (7) days of notice thereof by Elgas to Customer, or
(b) Customer breaches Clause 4.2 or its undertaking in clause 1 of this Agreement.
6.3 On termination of this Agreement whether by expiry of time or otherwise and without limiting Elgas’ right to claim damages, Elgas shall be immediately entitled to possession of the Equipment together with any Elgas LPG owned by Elgas, and:
(a) Customer must make the Equipment together with any Elgas LPG owned by Elgas, available for collection by Elgas at the Premises; and
(b) Customer must pay to Elgas the then current replacement cost of such of the Equipment as is not so made available for collection by Elgas.
6.4 To repossess the Equipment and any Elgas LPG owned by Elgas, Elgas may enter upon the Premises or any other premises on which Elgas reasonably believes the Equipment or that LPG to be and to effect any such entry or repossession may remove or open any obstruction or entrance and sever detach and dismantle the Equipment from the Premises or any vehicles land or property to which the Equipment may have become affixed. Upon repossession of the Equipment, Elgas shall pay or credit to Customers’ account the value of Customer’s LPG in the Equipment.
6.5 Any invalidity of a provision hereof shall not affect the validity of any other provision. A waiver of an obligation is not a continuing waiver.

 

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