Leased Equipment
- Customer’s Assent to Terms and Conditions. The Company (Also referred to as “we”, “us” or “our”) hereby objects to and rejects any and all different or additional terms or conditions contained in any order submitted to Customer (Also referred to as “you” or “your”) by or on behalf of Customer unless specifically agreed to in writing and signed by an authorized officer of the Company, who shall be at minimum a person with the title of “chief executive officer,” “president,” or “vice president” of and for the Company. Under no other circumstances are any such different or additional terms to be considered a part of these Terms and Conditions. No representative or agent of the Company has any authority to make any different or additional representations or warranties by or on behalf of Company. These Terms and Conditions, together with your customer contract shall be the “Agreement” between the Company and you. In the event there are any conflicts between the provisions of these Terms and Conditions and your customer contract, these Terms and Conditions shall control.
- General Provisions. Upon request, we will lease and provide you with various equipment, including a propane storage tank or cylinder, regulator(s), tank monitors and related equipment (the “Leased Equipment”). To maintain a safe environment, you will not allow anyone to make any adjustments, connections or disconnections to the Leased Equipment or provide service to, move, remove, or pump-out the Leased Equipment without the Company’s written permission. You are obligated to conduct regular inspections of the Lease Equipment. This includes, but is not limited to, identifying potential hazards such as overgrown vegetation near the tank, fallen branches, or any other conditions that may pose a risk. Customer agrees that only Company and its authorized representatives shall deliver propane to the Leased Equipment. Only propane sold by Company will be used with the Leased Equipment. YOU AGREE THAT IF YOU DO NOT STRICTLY FOLLOW THESE REQUIREMENTS, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY OCCUR IN CONNECTION WITH THE PROPANE OR LEASED EQUIPMENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY. DAMAGE.
- Propane System Maintenance and Repair. Except for the Leased Equipment, you are responsible for the maintenance and repair of your entire propane system, including compliance with applicable laws and regulations. You are required to notify us in the event that you disconnect the propane system or add or remove appliances so that we may conduct a Leak Check on the Leased Equipment. You will notify the Company immediately if the Leased Equipment is damaged or malfunctions or if you experience any problems with the Leased Equipment.
- Tank Rent. You agree to pay the Company annual tank rent (“Tank Rent”) during the period the Leased Equipment is installed at your property. The amount of rent can vary depending on, among other things, the size of the tank, the location of your property or business, and your actual annual usage. The Tank Rent may be increased at the Company’s discretion based and may be based on various factors, including but not limited to, inflation, market conditions, and maintenance costs. Please contact us if you have any questions regarding the Tank Rent that is applicable to you.
- Access to Equipment. You agree that the Company has an irrevocable right of entry and exit to your property, without prior notice, to deliver propane or to install, repair, service, or remove the Leased Equipment, or to perform any other services that the Company deems reasonably necessary. You agree to provide the Company with safe, free and unimpeded access to the Leased Equipment, including, but not limited to access free of ice, snow, water, mud, debris and other hazards. You will mark or otherwise identify the location of septic systems and similar underground features as necessary to allow the Company to safely install the Leased Equipment, perform services, and make deliveries. You agree that the Company has no obligation to contact you to access the Leased Equipment and may suspend deliveries or service in the event the Company is unable to reasonably access the Leased Equipment. You agree to promptly surrender to the Company the Leased Equipment when your relationship with the Company is terminated for any reason. You also agree that only Company representatives are allowed to service, repair, disconnect or otherwise touch the Leased Equipment without Company’s written permission.
- Title of Equipment. The Leased Equipment will at all times remain the property of the Company and will not become a fixture or apart of your real property.
Safety Information
Safety information has been or will be supplied to you. If you did not receive the safety information, please contact us at 407.322.5854 and we will mail this information to you. Additionally, the Company’s safety warnings are also contained on the website www.propanesafetyfirst.com. We strongly advise you to regularly visit the website to view those and other important safety warnings. If you smell propane or experience any other adverse propane condition or safety-related matter, you must immediately contact us. We may choose not to deliver propane or perform services if, in our sole discretion, we believe that doing so will pose an unnecessary risk of injury or harm to you, our employees, authorized representatives, your property, or the public. You agree that we may lock off the Leased Equipment, and/or suspend service if we believe an unsafe condition exists.
Propane Delivery
Automatic – The Company will make periodic deliveries to you on either a fixed cycle basis or based upon a number of forecasting factors, including temperature conditions and your specific usage patterns. To ensure accurate forecasting, you agree to regularly provide updates to the Company with any changes in your usage or appliances.
Propane Delivery
You agree to pay the Company’s price per gallon, fees, rates and charges in effect on the date that propane is delivered for Automatic delivery, when services are rendered, or as may be set forth on the delivery ticket.
- Price. Unless you have an agreement which determines your price, you will receive the Company’s daily market price per gallon that is set at the Company’s discretion, which includes, among other things and without limitation, our costs to procure the propane, freight and transportation, and may vary depending upon the volume of propane purchased by the customer, customer classification, ownership of propane tank and competitive conditions. You may contact us to receive current pricing information as pricing changes frequently and without prior notice to the customer.
- Current Fees and Charges. In addition to the price per gallon, the Company will apply other fees and charges to your account depending on the services requested and/or required. The fees and charges provided below are the most frequently assessed, but other fees and charges may apply depending on the services rendered. Please contact us for specific questions regarding fees and charges and for updated pricing information. THE FEES LISTED BELOW ARE NOT GOVERNMENT IMPOSED NOR ARE ANY PORTION OF THEM PAID TO ANY GOVERNMENT AGENCY. THE COMPANY RESERVES THE RIGHT TO CHANGE ITS FEES, RATES AND CHARGES WITHOUT PRIOR NOTICE, AND AT THE COMPANY’S SOLE AND EXCLUSIVE DISCRETION.
- HazMat and Safety Compliance Fee – This fee, which is assessed to propane deliveries and service calls, helps to offset a portion of the costs the Company incurs to comply with federal, state and local government regulations, including, but not limited to, hazardous materials, homeland security, emergency preparedness and workplace safety. It is also used to fund, among other things, employee safety training and inspections, cylinder re-qualifications and environmental compliance.
- Leak Check Charge – This charge is applied when the Company must perform a Leak Check to verify that the propane system does not have any leaks. This test is required by law under certain circumstances, which many include: when a new piping system is installed, if the gas has been turned off for any reason or if there has been an interruption of gas service, in the event a leak in the system is suspected, or in the professional judgment and discretion of the Company. Contact us with any questions on when a Leak Check is required and the current charge.
- Meter Fee – This fee is applicable to customers who are charges for their propane based on an amount of usage as measured by the Company’s meter. This fee helps offset the cost of the meter, meter reading and related administrative costs.
- Pump-Out/Restocking Charge. This charge is assessed when the Company is required to pump out a tank that contains propane in excess of five percent water capacity in order to remove a Company owned tank from the customer’s property. You can avoid this charge by continuing service with the Company until the supply of propane in the tank is less than five percent. Depending on the size of the tank/cylinder this charge will fluctuate.
- Reconnect Charge – In the event that your tank is locked off by the Company due to nonpayment, this fee will be assessed to remove the lock, perform a Leak Check and put your propane system back into service.
- Returned Check Fee – This fee is intended to cover the deposit return fee assessed by financial institutions and related administrative expenses associated with the return of a customer check for insufficient funds.
- Service Dispatch Charge – This charge is applied when a service technician is requested to a customer’s location to preform diagnosis or other service work on customer-owned equipment and appliances or to pick up a Company-owned tank or cylinder. The Service Dispatch Charge as of the date of this Notice is $39.99. This charge will not be credited toward service work performed and additional charges may be assessed depending upon the nature of the service work required. Please check with your local District office regarding the availability of appliance repair service.
- Special Trip Charge – This charge is incurred by customers who request deliveries within forty-eight (48) hours or non-emergency service after5. business hours or on weekends. This charge can vary due to the distance involved and/or the time required to service the request and can be obtained from your local District office.
- Tank Rent – See Section 1(d).
Payment Terms and Late Fees
If you have received credit terms from the Company, you will be billed after propane is delivered or services are rendered, unless other payment arrangements have been agreed to in advance. If you dispute an invoice or believe your invoice is inaccurate, you must contact your District office within thirty (30) days of receipt. You agree to pay the Company’s price per gallon and all fees, rates and charges on or before the due date indicated on the invoice. If you fail to pay all amounts owed to the Company by the applicable due date, the Company may, unless prohibited by law, add a monthly late charge of 1.5% of the average daily balance until paid or a late charge of $36.00, whichever is greater. In the event you fail to make a payment on the outstanding amounted owned, the Company may, after providing any written notice to you as may be required by law, suspend service and/or place a lock on the Leased Equipment. If the Company places a lock on the Leased Equipment, all amounts outstanding (including the applicable Reconnect Fee) must be paid in full before service will be restored. The Company reserves the right to require you to pay for propane deliveries or services in advance and/or to post a cash deposit, which may be applied by the Company at any time to your outstanding balance, in whole or in part.
Deposit Requirement
The Company reserves the right to require an advance payment or deposit from you as a condition of providing propane service. The amount of the deposit shall be determined based on your credit history, payment record, and estimated monthly usage. The deposit shall serve as security for the payment of your propane bills and any other outstanding charges.
- Deposit Handling and Customer Notification. All deposits received by the Company shall be held in an interest-bearing account. The Company shall accrue annual interest on the deposit at a rate set by the state of Florida. Within 30 days of receiving the deposit, the Propane Company shall provide written notification to the customer detailing how the deposit is being held, including the name and address of the depository where the money is kept. The Company shall notify the customer in writing when the deposit becomes eligible for refund, including any accrued interest.
- Deposit Adjustment Clause. The Company reserves the right to adjust the deposit amount based on changes to the customer’s usage patterns or payment history. The Company shall review the deposit amount at least annually and notify the customer of any required adjustments.
- Application of Deposit to Outstanding Balance. The Company reserves the right to apply the customer’s deposit to any unpaid bills or outstanding charges at any time. The Company shall provide the customer with written notice prior to applying the deposit to the outstanding balance. The customer shall be responsible for maintaining the deposit amount as required by the Company.
- Unclaimed Deposit Handling. Upon termination of service, the Company shall refund the customer’s deposit, including any accrued interest, within a reasonable time. Any deposit that remains unclaimed for a period of one year after the termination of service shall be considered unclaimed property and shall be reported and remitted to the state of Florida in accordance with applicable laws.
Required Automatic Payment
You agree to enroll in the Company’s automatic payment program for your propane service payments at the request of the Company.
- Automatic Payment Requirement. You may be required to enroll in the Company’s automatic payment program for your propane service payments.
- Payment Method Options. You may choose to have your payments automatically deducted from either a valid credit or debit card or a designated bank account.
- Payment Due Date. Payments shall be due on the same day of each month designated in your customer contract and will be automatically deducted from your selected payment method on that date.
- Late Payment Fees. If your automatic payment is unsuccessful due to insufficient funds or an expired payment method, we will add a monthly late charge of 1.5% of the average daily balance until paid or a late charge of $36.00, whichever is greater. The Company reserves the right to suspend or terminate service for any account with outstanding balances.
- Notification of Changes. The Company shall provide you with at least sixty (60) days’ notice of any changes to the automatic payment program, including updates to payment due dates or late payment fee amounts.
- Termination of Automatic Payment. Unless you are required to be enrolled in automatic payment due to credit or prior payment issues, you may terminate your voluntary enrollment in the automatic payment program by providing the Company with fifteen (15) days’ written notice. However, you will remain responsible for timely payment of all outstanding balances. Any notice by you shall be sent by U.S Mail, postage prepaid, to the Company at BOX 635, Sanford, FL 32772-0635.
- Customer Responsibilities. You are responsible for maintaining valid and up-to-date payment information with the Company. You must notify the Company of any changes to your payment method or banking information.
- Propane Company Responsibilities. The Company shall securely store all your payment information and process payments in a timely manner. The Company shall also notify you of any unsuccessful payment attempts.
- Data Security. The Company shall implement and maintain reasonable security measures to protect your payment information from unauthorized access, disclosure, alteration, or destruction.
- Privacy Policy. Your payment information and personal data will be handled in accordance with the Company’s privacy policy, which is available on the Company’s website.
Monitor Requirement
The Company may require the installation of a monitor on a customer-owned propane tank (“Tank”) to ensure compliance with safety standards and regulations as mandated by the Florida Department of Agriculture and Consumer Services.
- Safety Compliance. The installation of the monitor is necessary to meet the safety standards and regulations set forth by the Florida Department of Agriculture and Consumer Services, which are in substantial conformity with the generally accepted standards of safety, such as those published by the National Fire Protection Association (NFPA).
- Notification and Consent. The Company shall notify you in writing of the requirement to install a monitor on the Tank. You must provide written consent for the installation within seven (7) business days from the date of notification.
- Cost and Maintenance. The cost of the monitor and its installation shall be borne by the customer. The Company shall be responsible for the maintenance and periodic inspection of the monitor to ensure its proper functioning.
- Access to Tank. You shall grant the Company reasonable access to the Tank for the purpose of installing, inspecting, maintaining, and, if necessary, removing the monitor.
- Non-Compliance. Your failure to consent to the installation of the monitor or denies access to the Tank, the Company reserves the right to suspend or terminate the supply of propane to the Tank until compliance is achieved.
Personal Guaranty
At any time during the term of this Agreement, the Company may require you and any principal of your business to execute a personal guaranty for any amounts which may come due hereunder. Failure to promptly execute such personal guaranty on request of the Company shall result in your default under this Agreement any entitle the Company to terminate propane service as set forth herein.
Right To Assign
You agree that the Company shall have the right to assign , in whole or in part, your customer contract to any third party. The customer does not have a right to assign their rights in the customer contract to any third party.
- Conditions for Assignment. The Company or its assignee or designee shall provide you with written notice of assignment at least thirty (30) days prior to the effective date of the assignment. The notice shall include the name and contact information of the assignee.
- Release of Liability: Upon assignment, the assignee shall assume all rights and obligations of the Company under your customer agreement, and the Company shall be released from any further liability or responsibility.
- Continuation of Service. You shall continue to receive propane services from the assignee under the same terms and conditions.
- Termination Rights. You may elect to terminate the Agreement within thirty (30) days of receiving the notice of assignment if you object to the assignment.
Licenses, Permits and Taxes
You agree to pay for all licenses, permits and taxes associated with the sale or use of the propane and Leased Equipment or service covered by the Terms and Conditions.
Idemnification
Customer agrees to indemnify, defend and hold the Company harmless from and against any and all claims, liens, demands, suits, damages and liabilities for personal injuries and/or property damage, arising out of or caused by any negligent act or omission of the customer, its agents, employees, or invitees.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT, OR OTHERWISE. COMPANY IS NOT LIABLE FOR ANY LOSS SUSTAINED BY YOU AS A RESULT OF THE EXHAUSTION OF COMPANY’S SUPPLY OF PROPANE.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, TANK, CYLINDER, AND/OR RELATED CUSTOMER-OWNED EQUIPMENT OR LEASED EQUIPMENT OR SERVICE PREFORMED UNDER THE CUSTOMER CONTRACT OR THESE GENERAL TERMS AND CONDITIONS OR ANY PRIOR AGREEMENT OF UNDERSTANDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SOME STATES (CT, KS, ME, MS, NH, WA, and WV) DO NOT ALLOW THIS EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Termination of Propane Service
Unless otherwise specified, your propane service may be terminated for convenience at the end of the Initial Term or Renewal Term, as defined and specified in your customer agreement, upon the provision of thirty (30) days prior written notice to the Company
- For Leased Equipment customers only: If propane service is terminated prior to the end of the Initial Term (defined in your customer agreement), Company may recover from you its lost profits that it was projected to receive had you fulfilled your obligations under these Terms and Conditions, and other applicable damages, including any installation charges which were waived at the time of contract. The Company may also charge you a Service Dispatch Charge, the Pump-Out/Restocking Charge if the supply of propane remaining in the tank is greater than 5% water capacity, and the HazMat and Fuel Recovery Fee, if applicable. If propane service is terminated after your Initial Term, the Company will charge you a Service Dispatch Charge, the Pump-Out/Restocking Charge if the supply of the propane remaining in the tank is more than 5%, and the HazMat and Fuel Recovery Fee, if applicable.
- For Customer Owned Equipment Only: If propane service is terminated prior to the end of the Initial Term, Company may recover from you its lost profits that it was projected to receive had you fulfilled your obligations under these Terms and Conditions, and other applicable damages, including any installation charges which were waived at the time of contract.
- Repurchase of Propane: Unless required by law, the Company does not repurchase propane remaining in the tank or provide customer refunds for any unused propane. The Company, may however, in its sole discretion, repurchase the propane remaining in the tank in certain circumstances. If the Company determines to repurchase the remaining propane, the repurchase price will be based upon the lower of the price per gallon that you paid or the Company’s current daily market price.
- For Leased Equipment Customers Only: We reserve the right to terminate services if you fail to pay any amounts due.
- Notice of Termination. We will provide the Customer with written notice of termination at least seven (7) business days prior to the effective date of termination. The notice shall specify the amount due and the deadline for payment to avoid termination and shall be sent via certified mail, hand delivery with signature required, or facsimile transmission.
- Effective Date of Termination: If the Customer fails to pay the outstanding amounts by the specified deadline, the termination of services shall become effective on the date indicated in the notice.
- Right to Remove Equipment: Upon termination of services due to non-payment, you agree that we shall have the right to enter your property to remove all Leased Equipment.
- Access to Property: You agree to grant the Company and its authorized representatives access to your property for the purpose of removing the Leased Equipment. You agree to ensure that the Leased Equipment is accessible and that there are no obstacles preventing its removal.
- Removal Process: You agree to promptly surrender to Company all Leased Equipment upon termination of service and agree to take all necessary steps to assist Company with the retrieval of any Leased Equipment.
- Payment of Outstanding Amounts: You remain liable for all outstanding amounts due, including any fees including, but not limited to, those associated with the removal of the equipment.
- Return of Equipment: You agree to return all Leased Equipment in good condition, subject to normal wear and tear. You will be responsible for any damage to the Leased Equipment beyond normal wear and tear.
- For Customer Owned Equipment only: We reserve the right to terminate services if you fail to pay any amounts due.
- Notice of Termination. We will provide the Customer with written notice of termination at least seven (7) business days prior to the effective date of termination. The notice shall specify the amount due and the deadline for payment to avoid termination and shall be sent via certified mail, hand delivery with signature required, or facsimile transmission.
- Effective Date of Termination: If the Customer fails to pay the outstanding amounts by the specified deadline, the termination of services shall become effective on the date indicated in the notice.
- Payment of Outstanding Amounts: You remain liable for all outstanding amounts due, including any applicable fees.
- The Company may terminate service with you at any time, without prior notice, unless otherwise stated, if you fail to satisfy any of these Terms and Conditions or if the Company determines, in its sole discretion, that a condition exists that poses a health or safety threat.
- After the initial term, customer has 30 days to cancel service with the company. The cancellation must be written and mailed to the company. If customer does not cancel in the 30-day window, the contract will automatically renew for 12 months, every year in perpetuity.
Excused Performance
The Company 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, labor disputes, pandemics, epidemics, wars, hostilities, compliance with laws or regulations, the Company’s inability to obtain propane or equipment from its customer suppliers, terminal refinery or pipeline disruptions, allocation programs, lack of or inadequate transportation facilities, other supply chain disruption, or acts of terrorism. Under any of these or similar circumstances, the Company may allocate propane and equipment among its customer in any manner that the Company, in its sole judgement, deems reasonable.
Terms and Conditions
From time to time, the Company issues new and/or updated Terms and Conditions. The issuance of the updated Terms and Conditions will replace the prior terms and conditions thirty (30) days after publication on the Company’s website (www.thermotane.com/tandc) or receipt of an email from the Company advising of the updated Terms and Conditions, whichever is earlier. By accepting delivery of propane, or by paying any invoice, fees rates, or charges, you are deemed to have accepted the Terms and Conditions and such acceptance shall not require your signature.
Customers With Underground Leased Tanks
At the time of installation and removal of the Leased Equipment, you will mark or otherwise accurately identify the location of all underground systems that are not marked by your State’s “Call Before you Dig” program, including, but not limited to, sprinkler lines, septic systems, leach pits, underground ponds and similar underground features. You are responsible for all costs of the evacuation and removal of the Leased Equipment and the Company is not responsible for furnishing fill, resurfacing, landscaping or restoring your property to its previous condition upon removal. You will be billed on an hourly basis for this work with local labor rates prevailing unless other agreements are provided. The charge to remove an underground tank can vary greatly and is affected by numerous factors, including the size of the tank, access to the tank, the soil conditions and other impediments. The Company may at its option charge you for the value of the underground tank in lieu of physically removing the tank from your property.
Training
Customer will properly train each of its employees, or any individual who handles propane or uses the customer-owned equipment or Leased Equipment, as to how to safely fill containers, if applicable, and use propane. customer will not allow anyone to handle propane or use customer-owned or the Leased Equipment unless and until that individual has been properly trained to do so. It is customer’s responsibility to provide Company with written notice if customer or any of the its employees or agents, need additional training in order to comply with this provision. If customer fails to comply with any portion of this provision, then customer agrees it shall be solely responsible for any and all injuries or damages that result, and customer will indemnify, defend and hold Company harmless from all claims, suits, demands and judgements, including those claims brought by customer’s employees, agents, and invitees.
Notice
Any notice by you shall be sent by U.S Mail, postage prepaid, to the Company at BOX 635, Sanford, FL 32772-0635. Notice to you may be in the form of a bill insert, stand-alone mailing, email or other written notification.
Waiver
If we delay in exercising any of our rights contained in these Terms and Conditions or your customer contract, the Company will not be prevented from exercising our rights at a later date. The Company’s waiver of any breach of the Terms and Conditions or your customer contract at any time shall not excuse any future breaches by the customer.
Survival
Paragraphs 1,5,11,12,13,14,15,19,20 and 22 shall survive termination of your relationship with the Company.
Customer Owned Equipment
The following provisions do not apply to Customer- Owned equipment:
- Paragraph 1 – Leased Equipment
- Paragraph 4(2)(2) – Pump-Out/Restocking Charge as it relates to the pick-up of the Company-owned Leased Equipment; however, the remaining provisions of this paragraph apply
- Paragraph 10 – Licenses, Permits and Taxes as it relates to permits for tank installation; however, the remaining provisions of this paragraph apply.
Contact and Payment Information
You hereby represent and warrant that the name, address, telephone number(s), and other contact and payment details provided to the Company are accurate, complete, and up-to-date. You further agree to promptly notify the Company of any changes to such information without delay.
Attorney’s Fees and Costs
In the event of any mediation, arbitration, injunctive relief, trial, appeal, bankruptcy, or other proceeding, between the parties arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party all costs incurred and reasonable attorneys’ fees, including attorneys’ fees and costs incurred in all investigations, mediations, arbitrations, injunctive relief, trials, bankruptcies, appeals, or other court proceeding of any kind or nature, including but not limited to pursuing all causes of action, any appeals, any hearings to determine the reasonableness of attorneys’ fees and/or costs, and any post-judgment collection efforts. The parties agree to reserve jurisdiction to the trial court for the purpose of making such award and such judgment shall accrue interest at the highest rate allowed by law.
Governing Law; Consent to Jurisdiction
This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with, the substantive laws of the State of Florida, without regard to any choice of law, rules or principles. Customer hereby submits to the jurisdiction of the state and federal courts in or for Seminole County, Florida, and said courts shall have exclusive jurisdiction and venue to adjudicate the rights and obligations of the parties relating in any manner to this Agreement.
Jury Trial Waiver
COMPANY AND CUSTOMER EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY ACTS OR OMISSIONS OF EITHER PARTY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR AGENTS OR ANY PERSON IN CONNECTION THEREWITH.
Severability
If any provision of this Agreement is held by any court to be invalid or unenforceable, such provision shall be deemed to be modified or deleted, but only to the extent necessary to enable that and the remaining provisions of this Agreement to be valid and enforceable.
No Assignment
You may not assign any rights or obligations under this Agreement without prior written consent of the Company.