If Rent is selected please fill out the following fields
Home Heating Information
*Type Of Occupancy
*Tank Location (Describe where we can find your fuel tank on your property)
*Amount Left In Tank
*Are you interested in a Service Plan? (We will have our Service Dept. contact you)
*What type of heat do you have?
*What type of hot water?
*Do you have supplemental heat?
Check all that apply
If other please specify
*Name of Employer
*Type of delivery account requested
(Choose one only)
Automatic (required for propane)
(requires credit card or COD;
NOT AVAIL. FOR PROPANE)
*Type of billing account requested (Choose one only)
Credit Card (Delivery and Service)
Cash/Check at time delivery
*Would you like to set your account to Auto Pay with your Credit Card for fuel delivery and heating service? (If yes someone will contact you for your credit card information)
*How are you paying for your first delivery or service?
*Do you have any contractual obligations with your existing fuel supplier?
*I HAVE READ AND ACCEPT JESSE E. LYMAN'S CREDIT TERMS AND CONDITIONS (below)
Heating Oil, Propane and Heating Service Agreement
1. This application does not guarantee that credit will be extended. Application must be reviewed by Jesse E. Lyman, Inc. prior to establishing a credit account.
2. PURCHASES: Jesse E Lyman, Inc. will deliver, subject to the conditions in paragraph #4 below, fuel to you, on an automatic degree day basis, unless otherwise noted on this Agreement. A meter-printed ticket will be left each time a delivery is made. You agree to accept each delivery and to pay the amount due on your delivery ticket within 30 days (.10 discount/Net 10 Days) from the billing date or prior to next delivery, which ever event occurs first.
3. AUTOMATIC DELIVERY ENROLLEES agree to notify Jesse E. Lyman, Inc. in writing of any changes that may effect fuel consumption, including: increases/decreases in living space, use of supplemental heat, changes to occupancy and any requests to stop delivery..
4. NON-DELIVERY CONDITIONS: Jesse E. Lyman, Inc. will not be responsible for any failure to deliver fuel which is scheduled for delivery for any of the following reasons: fuel shortages, scarcity of labor, delay in deliveries by our suppliers, embargoes, strikes, riots, accidents, disorders, Acts of God, acts of any type by any governmental authority or for any reason beyond our reasonable control. In each and every case, Jesse E. Lyman has the right to either cancel or postpone any delivery without any liability whatsoever.
4A. If Jesse E. Lyman, Inc. deems the customer's credit unsatisfactory, or in the event of non-payment of any bill due, Jesse E. Lyman may automatically suspend deliveries and service under this order to terminate the order with or without notice and without further responsibility.
5. SERVICE PLAN AGREEMENT: If you have a Service Plan Agreement with Jesse E. Lyman, you may also charge the price of the Service Plan Agreement to your credit account with us. If you do so, you agree to pay the full amount of the contract within 30 days of the statement/invoice on which this charge appears.
6. SERVICE CHARGES: If you require service work, including parts and/or labor, which are not covered by the Service Plan Agreement, warranty or guarantee, you agree to pay for this billable service by paying the service invoice which is mailed to you directly after the service is performed or charge this amount to your charge account with us. If you do add this to your charge account, you agree to pay the full amount due for this service work within 30 days of receipt of the billable service invoice on which this charge appears.
7. FINANCE CHARGES: You agree that if you fail to make payments within 30 days of the statement/invoice, then you will pay a FINANCE CHARGE to be added to your account at the end of the first monthly billing cycle following the month in which those charges are incurred. The FINANCE CHARGE is calculated at the rate of 2% monthly or 24% annually), or the highest interest permitted by law, whichever is lower. You agree that if you fail to pay the amount when due under the terms of this Agreement, default will have occurred. If you are in default, Jesse E. Lyman, Inc can demand immediate payment of your outstanding balance. You agree that if Jesse E. Lyman hires an attorney or collection agency to collect your outstanding balance, you will have to pay all costs of collection. These costs will include Court fees, Sheriff's fees and a 33% attorney's and collection fee.
8. WAIVER OF SUBROGATION: Jesse E. Lyman and the Customer each hereby waive any and all rights of recovery against each Other, including our officers, members, agents, and employees, occurring On or arising out of this Agreement, the delivery of heating oil and any System maintenance or repair at your premises to the extent such loss or damage is covered by proceeds received from casualty, homeowners or other insurance carried by the other party. The party sustaining such loss shall have no right of recovery against the other party; or the agents, Servants, or employees of the other party; and no third party shall have any right of recovery by way of subrogation or assignment or otherwise. Jesse E. Lyman Inc. and the Customer shall indemnify the other party against any loss or expense, including reasonable attorneys' fees, resulting from the failure to obtain such waiver. This mutual waiver shall be in addition to, and not in limitation or degradation of, any other waiver or release contained in this Agreement with respect to any loss of, or damage to, property of the parties hereto.
9. IRREGULAR PAYMENT & DELAY OF ENFORCEMENT: Jesse E. Lyman can accept late payments, partial payments or payments marked "payment in full" without losing any of our rights under this Agreement. Jesse E. Lyman can also delay enforcing our rights under this Agreement without losing any of our rights under this Agreement.
Jesse E. Lyman, Inc. may order a consumer report in connection with this application and subsequent consumer reports in connection with updating, renewing existing, or future extensions of credit. Upon your request, Jesse E. Lyman. Inc. will provide the name and address of the consumer credit reporting agency furnishing such a report to us. The Federal Equal Credit Opportunity Act prohibits us from discriminating against you in any way in the granting of credit. The Federal Agency which administers compliance with this law is the Federal Trade Commission, Washington, D.C., 20580. Your signature on the enrollment form constitutes your acceptance of all the terms and conditions set forth herein. There shall be no changes, verbal or written, accepted to the terms and conditions set forth herein.
10. TITLE AND ACCESS TO EQUIPMENT: Propane tanks, meters and regulators used by our customers are the property of JEL. Other equipment used for storage, distribution, regulating and metering of fu le may be specified as the property of JEL. The applicant hereby grants JEL the right to enter upon his/their/it's property for the purpose of installation, maintenance, repair, and replacement of JEL equipment, as well as access for the purpose of removing same upon termination of this service. A 40% restocking fee (calculated using the prevailing wholesale cost of LP per gallon) may apply on propane should JEL have to return to physically remove our tanks if the customer chooses another supplier or JEL chooses to terminate their services. In addition, a tank pick up fee may be assessed: minimum fee for aboveground tanks is $89; minimum fee for underground tanks is $269.
Fuel Oil and K1 tanks are and remain the property of the customer and JEL assumes no liability for the maintenance of these tanks.
NOTICE TO BUYER: Do not accept this Credit Agreement before you have read and understand it in its entirety.