Davenport Energy Incorporated

Customer Owned Tank Agreement

To be completed by all new customers who own LP tank, or customers purchasing LP tank from Davenport Energy and maintaining LP supply from Davenport Energy.

The undersigned “Customer” hereby acknowledges the following conditions concerning the purchase of a Davenport Energy propane tank, the purchase of a new propane tank provided by Davenport Energy Inc., or the acknowledgement of an existing “customer owned” tank.

  1. The purchase or ownership of a propane tank means that you assume all liability and the total maintenance responsibility for the tank itself, the related piping and the equipment attached to the tank. Davenport Energy will conduct a safety inspection of the tank prior to the sale or the continued service of an existing customer owned tank to insure that the tank meets applicable safety standards. Upon receipt of the tank Bill of Sale or inspection of an existing claimed customer owned tank, you will accept the tank and installation “as is.”
  2. Customer responsibility for the tank includes, but is not limited to the following. Customer is responsible for abiding by all applicable local, state, and federal regulations and abiding by all applicable codes established for the tank location.
    • Tank surface including removal of surface rust and upkeep of paint, including the metal surface next to the ground. Maintenance of all regulators and pigtails. Regulators go out of date and must be replaced according to manufacturers’ recommendations. (12-20 years depending on manufacturer)
    • Integrity of tank valves and gauges.
    • Integrity of the supply lines running to and from tank.
    • ASME tanks do not have to be re-qualified. They must have a date plate attached, and DOT tanks have to be re-qualified twelve years from the date of manufacture. Thereafter, visual re-qualifications are allowed and are good for five years.
  3. Davenport Energy will charge applicable service rates for any maintenance to the tank or tank attachments.
  4. A Bill of Sale or copy of inspection of claimed customer-owned tank, which includes tank information, will be applicable.

The undersigned understands that Davenport Energy delivers to tanks on an automatic basis. Should the undersigned enter into a supply agreement with Davenport Energy, the undersigned agrees to notify Davenport Energy prior to any propane delivery made by Davenport Energy, if another propane supplier has filled or serviced the tank. Any out-of-gas situation will warrant a leak test/system inspection prior to restoring service to your system. There is a fee for this service. ALWAYS ARRANGE FOR A DELIVERY PRIOR TO AN OUT-OF-GAS SITUATION.

By signing this agreement, the undersigned understands and accepts the provisions contained herein and acknowledges receipt of a copy of this agreement (front and back) and of the regulations and instructions referred to herein. Further, the undersigned shall indemnify and save harmless Davenport Energy, its successors, and assigns of and from any and all liability for claims of loss, damages, or injury to persons or property caused or occasioned by any failure of tank and tank attachments and/or the product stored in the tank.

Terms and Conditions

  1. Customer must provide easy access to tank and equipment. Customer agrees to indemnify and hold harmless from and against any and all claims of damage to property connected with the delivery of the fuel. Customer acknowledges that customer owned driveways and parking areas are capable of withstanding the weight of an LP/fuel delivery truck. Any damage to same is totally customer’s responsibility.
  2. Neither party hereto shall be liable to the other for any failure to perform any provision or obligation of this contract (except customer’s obligation to pay for fuel delivered) if such failure is caused by or results directly or indirectly from any act of God, Federal state or Municipal order, legislation or regulation, fires, floods, storms, strikes, war, accidents, interruption to or discontinuance of production, railroad embargoes, breakdown or failure of transportation facilities, preemption by any governmental agency of the products covered hereby or the facilities of either party hereto, or any other cause beyond the control of the party failing to perform. COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR OTHERS FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY DUE TO COMPANY’S INABILITY TO DELIVER FUEL. Company may distribute its available supply of liquefied petroleum gas to a given location or in a stated area among its customers in such reasonable manner as it may determine.
  3. Customer hereby authorizes Company to fill tank when Customer is not at home and to provide regular delivery service until such time as Company is notified in writing.
  4. This agreement contains the entire contract between the parties as to equipment, service and delivery and supersedes all agreements, warranties or representations, oral or otherwise. This agreement cannot be changed or any of its provisions varied except in writing, signed by the Customer and accepted by the Company. Any waiver of any of the terms or conditions of this agreement shall not be deemed to be a continuing waiver of such terms or conditions or a waiver of any other terms or condition hereof.

Davenport Energy Representative: _____________________________

Account #: ____________________

CSR Initial: _______

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Signature Certificate
Document name: Customer Owned Tank Agreement
lock iconUnique Document ID: 801349c382497f32efe0a2c8bb1fe1795882c68f
Timestamp Audit
April 12, 2018 9:09 am EDTCustomer Owned Tank Agreement Uploaded by Tim Davis Davis - tdavis@davenportenergy.com IP
July 6, 2018 4:14 pm EDTTim Davis - tdavis@davenportenergy.com added by Tim Davis Davis - tdavis@davenportenergy.com as a CC'd Recipient Ip: