TERMS AND CONDITIONS OF SERVICE:
All of the Terms and Conditions of Service contained herein are subject to the Company’s Quality of Service Rules on file with the Railroad Commission of Texas (“Quality of Service Rules”), which shall control in the event of any conflict in terms with this Application. A copy of the Company’s Quality of Service Rules is available at the Company’s address below and on the Company’s website at www.txgas.net. The term “Premises” means the service address set forth above. The term “Company” means the gas distribution utility company whose service area covers Applicant’s proposed service address. Upon Company’s assignment of a customer account number to an Applicant for gas service (“Applicant”), a contract shall exist between the parties and thereafter Applicant shall be considered a Customer of Company until such time as gas service is terminated. The terms “Applicant” and “Customer” refer to the same person(s) within the context of the subjects addressed herein. Customer agrees to take and use the gas in accordance with Company’s Rules, Regulations, Tariffs, and Schedules in effect at all times. Gas Service may not commence, and no person shall be authorized to take and use gas until a completed Application for Gas Service is actually received by Company together with payment of all invoices related to commencing, restoring, or continuing service, including payment of a Service Deposit, if required.
Subject to the Quality of Service Rules, Company may require a service deposit (or letter of credit/reference letter from Applicant’s previous natural gas utility showing acceptable payment history) as security for gas delivered hereunder and the equipment, pipe, fittings, and services which may be furnished by the Company. Applicant/Customer authorizes Company to obtain and verify his/her credit report from the merged credit repositories of Experian, Equifax, and Transunion one time within fifteen (15) days after receipt of Applicant’s completed Application for Gas Service. If a Customer’s gas service is terminated and if the Customer still owes Company for previously provided gas service after application of any Service Deposit, then Company is authorized to obtain one additional Credit Report to assist in the collection of Customer’s debt. A copy of this document, to obtain and release information, may be accepted by all parties as an original. Applicant/Customer shall be entitled to a copy of each credit report free of charge upon request. Applicant/Customer expressly declines to have any personal information released by any credit repository (Experian, Equifax, and Transunion) for both Individual References or Look-up Services, and Direct Marketing Lists.
Customer agrees that upon failure to pay any bill by its due date, Company may apply Customer’s cash service deposit, if any, to the payment and liquidation of such bills, and the remaining balance of such service deposit shall then be returned to the Customer together with accrued interest thereon. If the amount of the deposit is insufficient to pay such bills in full, then the Customer shall, upon demand, promptly pay Company the amount of such deficiency.
Customer shall provide Company with not less than three (3) days’ advance notice (telephone, website, e-mail or U.S. Mail) prior to moving out or terminating service. Customer shall be liable for gas delivered until the earlier of: (i) three days after Company receives notice of Customer’s discontinuance of service; or, (ii) the date Company receives a completed Application for Gas Service from the new Applicant; or, (iii) the date the gas is shut-off. Customer may not assign this contract.
Customer agrees to pay for all gas measured at Company’s gas meter together with other fees and charges authorized by tariff, rule and regulation on or before the due date each month. Payments not received by the due date shall be deemed past due which may result in termination of this contract and shut-off of gas service. If gas service is terminated due to failure to pay a bill by its due date, then prior to turning service back on Company will require payment of all past due and current amounts due, a service deposit (unless already on deposit with Company), and all fees associated with connection and turning on service, subject to certain exceptions contained in the Company’s Quality of Service Rules. The Company shall not be liable for actual or consequential damages for the failure or refusal to deliver gas.
The Company shall make the necessary connections between its gas main and its gas meter. The gas hereunder shall be measured through a meter furnished and owned by the Company located at a point to be selected by Company on or adjacent to the Premises.
Customer owns and is responsible for the cost, risk, expense and liability of installing all piping, regulation, valves and related equipment after the gas outlet of Company’s meter. The Customer, at his own cost and expense, shall keep all yard lines, building piping, fixtures and appliances in safe operating condition and good repair.
In order to promote and secure the safety of Customer and other consumers of gas, and in order to provide both safe and reliable natural gas service, Customer agrees that: Company, its agents and employees shall, at all times and without prior notice, have the right to enter upon the Premises but only for the limited purposes of: reading the meter, turning gas on or off, and repairing, replacing, inspecting, performing maintenance and removing its meter and other equipment. As a continuing condition of Service hereunder, Customer shall not erect or maintain any fences, plants, locked gates, or other impediment, including but not limited to pets on Applicant’s property, that could interfere with Company’s unlimited, unrestricted access to the meter and related equipment at any time of the day or night throughout the year. Company shall have the right to restrict deliveries or shut-off gas to Customer for any of the following reasons, subject to the further provisions of the Quality of Service Rules: (a) repairs needed on or off the Premises of Customer; (b) failure or shortage of supply; (c) termination of this contract; (d) discontinuance by the Customer of the use of gas on the Premises; (e) non-payment of gas bills or bills for work performed at Customer’s expense; (f) violation of any of the terms of this Application, or any of Company's rules and regulations. Applicant/Customer will furnish at his cost sufficient space in Company’s opinion in which to locate its gas meter and related equipment, any necessary easements, and safe access at all times of the day or night as may be required by Company personnel to safely and reliably serve the Premises. If gas service is shut-off due to Customer’s failure to comply with these Terms and Conditions (subject to the Quality of Service Rules), then the Company may refuse to restore service until the fault is remedied, a new Application for Gas Service has been executed, and Applicant has paid Company all sums then due, and including a service Deposit, if applicable. Whenever the Company discontinues the delivery of gas, it may enter upon the Premises and remove its meter and all its other property at any time thereafter.
The quantity of gas delivered hereunder shall be ascertained by the measurement of such meter and the quantity recorded thereby (adjusted for temperature and pressure) shall be conclusive upon both the Company and the Customer, excepting when such meter is found defective or ceases to register, in which cases, until it is repaired or replaced, the quantity of gas delivered shall be ascertained by the average of another meter, or by the amount delivered for the same service during a previous corresponding period, subject to the provisions of the Company’s Quality of Service Rules.
The Customer shall not at any time tamper, meddle or interfere with the said meter, regulator, fittings, meter indices, locks, or any part of the property of the Company on the said Premises, nor permit anyone else to do so. If gas service has been shut off, Customer shall not cut or remove Company’s lock as the same could cause a hazardous condition that could result in property damage or injury or death to persons. Customer shall be liable for the repair and/or replacement of any meters, pipes, regulators, locks or other equipment located on Customer’s property that become damaged. Customer shall not initiate or restore gas service by tampering with the gas meter or any of Company’s equipment. If Customer does so, then such action shall be considered theft of utility services and Company shall discontinue service to such address until such time as Customer pays all fees for damages and destruction of Company’s equipment.
The gas delivered under this Contract is for the use of the Applicant solely at the premises and is not to be piped off the Premises and not to be sold or delivered to any other person.
In case a landlord's warrant or any writ of execution is issued against the Customer or levied upon the said Premises, or any property thereon, or in case an assignment for benefit of creditors is made or committed by the Applicant, the Company may, at its option, discontinue service to Customer and the claims for gas previously delivered shall, subject to applicable law, immediately become due and payable.
No agent, representative, or employee of the Company has authority to make any promise, agreement or representation not incorporated in the Application for Natural Gas Service, and Company shall not be bound thereby.
Subject to compliance with the Quality of Service Rules and other applicable laws, rules and regulations, Company may amend these Terms and Conditions for Natural Gas Service from time to time to become effective no earlier than thirty days after written notice is mailed to Customer postage prepaid to Customer’s mailing address for gas bills.