EspriGas Independent Beverage Customer Terms of Service (ToS)

Terms of Service Summary:

Terms of Service

Thank you for becoming an EspriGas customer! By completing this form, you are engaging in our service and agree to the following service terms of service.

Pricing: EspriGas offers two convenient pricing packages for our beverage customers. Our “Annual Subscription” is designed specifically for businesses like yours to help you manage your gas supply as simple as possible. Because this is such a unique program, quantity limits do apply. If usage exceeds these limits, your pricing will automatically be adjusted to the “Pay-As-You-Go” option. 

• Cylinder Asset Ownership: 
• EspriGas owns & manages all cylinder tanks at customer sites, excluding some micro-bulk tanks. Each cylinder asset has a monthly rate at each customer location. These monthly rates may be referred to as “rent” or “lease” fees 
• Annual Membership Program Members – One of your perks is no rental fees! However, if service is discontinued for any reason, these rented assets will need to be returned to EspriGas as set forth in the “Loss of Use” section below.
• Pay-As-You-Go Members – Rental fees are charged monthly for each cylinder on balance for your account. It is important to ensure this number matches the number of cylinders you have on-hand each month to avoid “loss of use” fees at close of service or inaccurate rental bills! 
• Annual Membership Program – Your location may purchase up 600lb. of CO₂ within a 12-month calendar year (unless otherwise notified).  All CO₂ related rent and delivery are built into your tiered bracket of Monthly Membership Price.
• If you go over 600lb.(unless otherwise notified) of CO₂ within a 12-month calendar year, you will be switched to the Pay-As-You Go program
• We evaluate Membership accounts quarterly and move customers within their appropriate brackets as needed and with notification.
• Membership tiers within 600lbs may depend on your affiliate business; additional tiers are only available if agreed upon with EspriGas.
• The Annual Membership only covers CO₂ products; other gases, content and rent will be billed at the market rates.
• Rush or Emergency Delivery Charges:
• For all of our customers, off-route deliveries incur an additional fee starting at $75, which may vary depending on the market. An off-route delivery is defined as any order that is delivered outside of our standard ordering requirements (see “Ordering Guidelines” section below). As rush or emergencies occur, we work diligently with our supply network to route a delivery as soon as possible. In most cases, this means within 2 business days, but is not always guaranteed.. 
• Emergency Orders should be placed via our Customer Service Team at 1-800-720-1563. 
• Business Hours are Monday through Friday from 8 AM EST to 7 PM EST.
• After Hours Emergency Support provided 24/7 for urgent requests that cannot wait until business hours.
• Taxes
• Customers will be required to pay sales tax on all gas purchases unless a Tax Exemption Form is provided to EspriGas. All invoices processed prior to Espri receiving a Tax Exemption Form will include Tax, and EspriGas will not be able to refund older Tax that is assessed. The customer is responsible for sending EspriGas their Tax Exemption Form in a timely manner.
• Price Adjustment- Based on commodity changes and other market increases, EspriGas reserves the right to periodically adjust pricing.

Payment Options:

• We accept payment using major credit cards, debit cards and ACH. Payments will automatically be posted to the payment method you included on this form after a Content delivery has been confirmed from our end suppliers. Cylinder Asset Rent (Pay-As-You-Go customers)  or Subscription plan rates (Membership Program customers) will be charged or once per month.
• Each account must have an active default payment method saved on the portal to be able to order.
• If your account does not have a default payment method and you use a card to pay for your most recent purchase, your account will be updated with this payment method to be your default going forward.
• If you have a question about a payment or feel a payment was collected in error, please email billingsupport@esprigas.com for further assistance.

Ordering Guidelines: Once our team of experts receives your completed form, we will create your account in our system and schedule your first delivery. Once scheduled, you will receive an email containing your new account information along with ordering instructions and your EspriGas delivery day(s). 

• Delivery Days: For easy order planning, all our customers receive a scheduled delivery day(s) of the week (i.e., Monday, Tuesday, Wednesday, Thursday, or Friday). To receive a delivery on your scheduled delivery day, you must place your order prior to midnight local time the two (2) business days prior. For example, if your delivery day is “Monday”, then you must place your orders by 11:59PM local time each Thursday. Orders placed outside of this window or requested outside of the scheduled delivery day will qualify as an “emergency” and be subject to the terms listed above in the “Emergency Delivery Charges” section. 

Order Placement Methods: You may place orders three convenient ways.

• Order using our online ordering portal. Access will be provided in the email mentioned in the “Ordering Guidelines” section above.
• Email your order details to beverageorders@esprigas.com 
• Leave a voicemail order in our fast order processing inbox by calling 1-800-720-1563 and following the prompts. 
• Note: We do not accept beverage orders through our Customer Service team

Loss of Use

• If service is discontinued for any reason, all applicable Cylinder assets will need to be returned to EspriGas. If the cylinder assets are not returned in a timely manner, you will be charged a “loss of use” fee of $105/per cylinder. For this reason, it is very important that you ensure your cylinders are not transferred to any other locations or misplaced.

Term

• The customer will enter a 1-year Term with EspriGas. Early termination will require a sixty (60) day notice prior to termination, and all applicable Cylinder assets much be returned prior to termination date. The 1-year term will automatically renew at the EspriGas-Customer anniversary date. 

Legal, Health, and Safety Concerns

• You acknowledge that the Gas Products (the “Products”) and the Rental Equipment are hazardous, and you understand and accept responsibility for those hazards.  Material Safety Data Sheets are made available by EspriGas on our website, Ordering Portal, and upon request.
• If EspriGas determines that the delivery of Product to one of your locations may be unsafe or in violation of any laws, standards, or safety requirements due to a condition present at the location, EspriGas may refuse to make deliveries of Product at such location until you remedy the condition.
• You warrant that you have obtained and will maintain all necessary licenses and approvals required to purchase, sell, store, and use the Products.

Warranty, Sole Remedies, and Limitation of Damages

• EspriGas warrants to you that Products delivered to you conform to the specifications agreed upon in the ordering process. EspriGas does not make any other express warranty regarding the Products or services provided. Your sole remedy, and the sole obligation of EspriGas for a breach of EspriGas’ warranty is for EspriGas to replace, free of charge, any Product that does not conform to EspriGas’ warranty if you give EspriGas notice of the breach of warranty within the 15-day period starting on the date of delivery of the Product. 
• ESPRIGAS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES FOR THE PRODUCTS AND THE RENTAL EQUIPMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
• In all events, regardless of the legal theory (e.g., breach of contract or warranty, negligence, strict liability, etc.): (1) ESPRIGAS IS NOT LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ECONOMIC LOSS, INCLUDING ANY LOSS OF BUSINESS, PRODUCTION, OR PROFITS; and (2) the total amount of damages that you may recover from EspriGas resulting from any occurrence arising in connection with the relationship contemplated by this Agreement is limited to an amount equal to the payments made by you to EspriGas under this Agreement during the 12-month period ending on the date of the occurrence. Except for any claim that EspriGas has that is based upon its invoices, a Party must commence an action for a breach of contract within one year after the action or occurrence has accrued.

Force Majeure

• EspriGas shall NOT be responsible or considered in breach of this Agreement for any delay or failure in the performance of any obligation of this Agreement to the extent that such failure or delay is caused by acts of God, pandemics, fires, explosions, labor disputes, accidents, civil disturbances, material shortages or other similar causes beyond its reasonable control, even if such delay or failure is foreseeable

SMS

• EspriGas and its affiliates, agents, and service providers, may contact the signed-up & opted-in user at the phone number(s) provided, or any phone number(s) provided at a later date, using an automatic telephone dialing system or text message, to provide messages, including account matters, informational, and marketing. You acknowledge that providing the phone number(s) is not a condition of receiving any services. By providing the phone number(s), you certify that the phone number is accurate and that they own the rights to use that phone number and to give consent to call or text the phone number(s) provided as well as any phone number(s) provided at a later date. PLEASE NOTE: if you do not to agree to be contacted for the matters described above, you understand that we may still contact you at the phone number(s) you have provided to service your account.

Other Terms

• Georgia law governs all matters pertaining to the validity, construction, and effect of this Agreement, without giving effect to any principles or rules of conflict of laws that apply the laws of another jurisdiction.
• The Parties do not intend to confer any contractual rights or benefits upon any third party.
• A waiver of any breach of this Agreement does not constitute a waiver of any succeeding or other breach.
• If a court holds any part of this Agreement to be invalid, the remainder of the Agreement will remain in force with only the invalid part deleted.