Cynch Terms and Conditions
Terms and Conditions
This Agreement is a legally binding agreement between you and AmeriGas Propane, L.P. DBA Cynch, a Delaware Limited Partnership having a principal place of business at 460 North Gulph Road, King of Prussia, PA 19406 (referred to herein as "Cynch"). You and Cynch are collectively referred to herein as "parties."
Cynch Service(s) will be provided to you and all persons who use the Service on the terms and conditions set forth in this Agreement (the “Agreement”) by Cynch and/or independent contractors hired by Cynch to complete delivery of the Service to you.
You may not modify this Agreement by making any typed, handwritten, or any other changes for any purpose.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION UNDER SECTION 14 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. YOU MAY OPT OUT OF ARBITRATION BY SENDING WRITTEN NOTICE WITHIN 30 DAYS OF YOUR FIRST NOTICE OF AN ARBITRATION AGREEMENT, AS DESCRIBED BELOW.
- Acceptance of this Agreement: Before clicking the checkbox displayed as part of the ordering and/or registration process, or by otherwise using the cylinders (as defined) you agree to the following Propane Cylinder Exchange Agreement ("Agreement") governing the use, receipt, and payment for the Cylinders provided by AmeriGas Propane, L.P. DBA Cynch or its designees and independent contractors. If you are entering into this Agreement on behalf of a company or other entity, you represent that you have the authority to bind that entity to this Agreement, in which case the terms “You,” “Your,” or any variation thereof shall refer to such entity, its officers, employees and contractors. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, or do not wish to receive the Services, do not proceed with the ordering and/or registration process and do not use the Services. The terms and conditions set forth in this Agreement are legally binding upon their acceptance.
- Services: (a) Cynch sells liquid petroleum gas in cylinders that are sold to or exchanged by its customers (“Cylinders”, each a “Cylinder”). You, the customer, can purchase Cylinder(s) by placing an Order (as defined below) for Cylinders on Cynch’s website located at https://www.cynch.com (the "Website"). On the Website, You can either purchase (1) an “Exchange” Cylinder, whereby you give Cynch your used 20lb cylinder and Cynch will provide you with a Cynch Cylinder or (2) a “Spare” Cylinder, whereby you purchase a Cynch Cylinder outright with no exchange. Each Cylinder purchased on the Website shall contain a net weight of 15lbs of propane. After receiving an Order, Cynch or its independent contractors will deliver and retrieve the Cylinders to and from your designated location (a "Customer Location"); these Cylinder sales and exchanges, delivery, and related offerings further described on the Website are collectively referred to herein as, the "Services." (b) Cynch shall provide the Services subject to and in accordance with the terms and conditions of this Agreement and the specifications, pricing, offers and other information found on the Website, which may be amended from time to time. The Services shall be provided upon your order or authorization thereof through the Website or as otherwise communicated by you and accepted by Cynch (each an "Order"). You agree to pay for the Services at the time of your Order. (c) Unless otherwise agreed to by you, a single Order does NOT obligate you to any future or additional Orders.
- Safety: (a) You acknowledge that there are hazards (disclosed and undisclosed, known and unknown) associated with the Cylinders, as well as the storage, use and handling thereof, including, without limitation, the potential for property damage, injury, or even death. You agree to review and comply with all labels and warnings on the Cylinders before using them. You acknowledge that you are familiar with the use of Propane and the Cylinders and are fully aware of such hazards whether or not articulated herein, on the Website or elsewhere by Cynch. You have reviewed and will continue to review on a regular basis the grill safety procedures displayed on the Website, which are provided by the Propane Education & Research Council, on the Cylinder itself (“safety tips”), and as otherwise provided by Cynch and you hereby disclaim any and all liability of Cynch in connection with the safety tips. Cynch makes no warranty now or in the future of any kind or nature in connection with its safety tips, nor will it be liable in any fashion to you or any third party for posting or not posting any safety tips or warnings in connection with the Cylinders or the Services. (b) You assume all responsibility for the suitability and the results of using the Cylinders alone or in combination with other equipment, articles and/or substances, and you hereby agree to indemnify and hold Cynch harmless for any such use, authorized or unauthorized.
- Fees and Payments: (a) You agree to pay all fees or charges in connection with the provision of the Services in accordance with the terms set forth herein and on the Website. All payments shall be made in advance and must be guaranteed through the use of a valid and approved credit card pursuant to the ordering and registration process on the Website, and any requirements imposed by third party carriers associated with your use of a credit card. You authorize all charges to your credit card account in connection with any Order or receipt of the Services, or purchase and/or replacement of the Cylinders. All other invoices or billings, if any, are due upon receipt. In the event your credit card is rejected or payment is not received in a timely manner as solely determined by Cynch, Cynch reserves the right to suspend access to your account and the Services. (b) In addition to the fees set forth on the Website in connection with your account for the provision of the Services, Cynch reserves the right to charge, and you agree to pay, any and all taxes, levies, or duties associated with the Services as required by any jurisdiction from or in which an Order is placed or filled. Please review all fees and the amounts of each of them on the Website. (c) All fees and charges associated with the provision of the Services are subject to change after the changes are posted on the Website. You may receive the most up-to-date pricing for the Services on the Website and obtain any then current additional fees and taxes from the company by email at email@example.com. Unless otherwise agreed by Cynch, Cynch will provide you with a receipt for all charges to your account via email.
- Entrance Upon Customer Location: (a) Until expressly revoked, you hereby grant to Cynch and/or its contractors a right to enter upon the premises of the Customer Location to provide the Services and to remain there for a reasonable period of time to perform the Services. (b) You agree that Cynch may refuse to provide the Services or exchange or deliver Cylinders to the Customer Location if Cynch, in its sole discretion, believes the use or delivery of the Cylinders at the Customer Location is unsafe, unlawful or otherwise not advisable or if Cynch is unable to reasonably access the Cylinders. The immediately foregoing does not create a duty or require Cynch to inspect the Customer Location or any equipment with which you may or may not intend to use the Cylinders, and Cynch makes no warranty of any kind or nature that it will, nor will it be liable in any fashion to you or any third party for making or failing to make any such inspection. You agree that it is your responsibility to make sure that the use and storage of the Cylinders is safe and lawful and you agree to keep the Cylinders in a safe location at the Customer Location.
- Title to Equipment and Propane: (a) You agree that in any exchange of Cylinders, title to the Cylinder retrieved from the Customer Location transfers from you to Cynch upon retrieval of the Cylinder. Title to the Cylinder delivered to the Customer Location transfers to you upon delivery of the Cylinder by Cynch.
- Your Responsibilities and Warranties: Along with the other representations and warranties made by you, both expressly herein and implied by law, you hereby make the following representations and warranties and expressly agree to indemnify and hold Cynch harmless in connection with each of your representations and warranties. (a) You acknowledge that Cynch has no means of control over the Cylinders or their use after they are delivered to you, and that you shall be liable for any and all use or storage of the Cylinders after they are delivered to the Customer Location (including any tampering or unauthorized use of the Cylinders). (b) You warrant that you have the legal right to have the Cylinders installed, delivered and/or used at the Customer Location, and that your use, maintenance and storage of the Cylinders is and shall remain in compliance with all applicable regulations, laws, codes, permits and/or requirements of any authority having jurisdiction. (c) You warrant that Cynch will have adequate access to the Customer Location for the provision of the Services, including, but not limited to, where any Cylinder is located. (d) You represent and warrant that you are fully aware of all hazards associated with the use of the Cylinders whether or not articulated in this Agreement, on the Website or elsewhere.
- Liability/Indemnification: You expressly, and without any reservation or other carve out, release in all manner whatsoever and agree to indemnify and hold Cynch, its employees, officers, directors, contractors and affiliates, as well as those of its parent, subsidiaries, contractors, affiliates, agents and its and their successors and assigns, harmless from and against any claim, liability, loss, damage, personal injury (including wrongful death), property damage or other consequence to any person or entity (including reasonable attorneys' fees) and other non-economic and economic loss including lost profits and revenue (collectively "Claims") resulting, either directly or indirectly, from (a) your use or storage of the Cylinders; (b) the tampering or unauthorized use of the Cylinders; (c) breach of any of your representations or warranties set forth in this Agreement or implied by law; (d) any defects or liabilities caused by equipment owned or used by you; and/or (e) your negligent acts and/or omissions and willful misconduct. Cynch shall not be liable to you or any third party for any Claim unless directly caused by Cynch's negligence or willful misconduct.
- Limitation of Liability: EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYNCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF GOODWILL (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR RELATED TO THE CYLINDERS, SERVICES OR THIS AGREEMENT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT OR ANY OTHER FORM OF ACTION, EVEN IF CYNCH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. YOU ACKNOWLEDGE THAT THE PRICES SET FORTH IN THIS AGREEMENT AND ON THE WEBSITE REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF LIABILITY.
- Limited Warranty: (a) Cynch warrants that it has good and sufficient title to the Cylinders sold hereunder, and that the propane delivered in the Cylinders will meet nationally recognized specifications for commercial grade propane. (b) THERE ARE NO EXPRESS WARRANTIES BY CYNCH OTHER THAN THOSE SET FORTH AND SPECIFIED IN THIS SECTION 10. CYNCH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, HOWEVER, CYNCH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION CONTAINED ON THE WEBSITE, NOR THAT THE WEBSITE WILL BE AVAILABLE FOR YOU TO PLACE ORDERS. NO WARRANTIES BY CYNCH WILL BE IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW AND CYNCH DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS OF A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPANE AND EQUIPMENT ARE OTHERWISE PROVIDED ON AN "AS IS" BASIS.
- Force Majeure: Cynch shall not be liable to you or any other person for failure to supply any Cylinder or for any delay, loss or damage, or any failure to perform this Agreement due to any condition beyond its reasonable control, including, but not limited to, flood, fire, earthquake, volcanic action, explosion, power blackout, weather storm, strike, labor dispute, embargo, inability to obtain sufficient or suitable materials, acts or omissions of carriers or transportation facilities, governmental regulation, civil or military authority, acts of God, war, or terrorism.
- Successors/Assignment: This Agreement shall inure to the benefit of and binding upon the parties and their respective successors, legal representatives and assigns, except that you shall not assign this Agreement without the written consent of Cynch. You agree that Cynch may assign this Agreement at any time.
- Notices: All communications and notices provided for or permitted by this Agreement to Cynch shall be in writing and received by Cynch either via mail or sent by a reputable overnight delivery service with fees prepaid to the address set forth above, or as otherwise provided for on the Website. All communications to you shall be in the form of electronic mail to the email address associated with your account. Cynch is not responsible for any communications or notices not received by you in the event you have provided an inoperable email address.
CLAIMS AND ARBITRATION. The most current version of this Agreement as found on the Website shall be the applicable Agreement between you and Cynch.
A. Arbitration Agreement. Upon the election of either party (or any other entity or individual with the right to invoke arbitration under this provision, including without limitation those entities or individuals named in this Section 14(A)(2), a Dispute shall be resolved by binding arbitration. “Dispute” means any claim or controversy arising from or relating to this Agreement or the relationship between you and Cynch, including without limitation any and all: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims against Cynch or its parents, subsidiaries, affiliates, predecessors, successors or assigns and any of their directors, officers, employees and agents (any of whom may elect arbitration of claims to which they are a party pursuant to this Agreement); (3) claims that arose before this Arbitration Agreement; (4) claims that arise after the expiration or termination of this Arbitration Agreement; and (5) claims that are the subject of a purported class action or other representative or collective action. “Dispute” shall not, however, include claims filed by you or Cynch on an individual basis in small claims court if the amount claimed is within the jurisdiction of that court.
B. Right to Opt Out of Arbitration. Notwithstanding anything in this Agreement to the contrary, you may opt out of Arbitration. To do so, you must send Cynch written notice by mail postmarked no later than thirty (30) days after your first receipt of notice of an Arbitration Agreement to Box 965, Valley Forge, PA 19482, Attn: General Counsel. Your opt out notice must be signed, must state that you opt out of Arbitration and must include your name and address. Your decision will not adversely affect your relationship with or receipt of goods or services from Cynch.
C. Procedures for Arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act. Arbitrations shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) in effect when notice of a Dispute is given. If your claim is less than $10,000, you may choose whether the arbitration will be decided on the papers or after a telephonic or in person hearing. At your election, arbitration hearings will take place in the federal judicial district of your residence.
D. Right to Attorneys’ Fees and Costs. You may hire an attorney to represent you. You are responsible for your attorneys’ fees and costs. You may recover them from Cynch to the same extent as in court. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. Cynch will be responsible for any additional arbitration fees.
E. Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. BY THIS ARBITRATION AGREEMENT, YOU AND CYNCH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND CYNCH AGREE OTHERWISE IN WRITING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION OR COLLECTIVE BASIS, AND NEITHER THE ARBITRATOR NOR THE JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT INDIVIDUAL PARTY. THIS CLASS AND COLLECTIVE ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION AGREEMENT.
- Your Contact and Payment Information. You agree to provide Cynch with complete, accurate and current billing and contact information through the Website. This information shall include, but not be limited to, your name, address of the Customer Location where you want a Cylinder(s) delivered, accurate and up to date credit card information, a functional e-mail address, and the name and telephone number of an authorized billing and delivery contact where necessary. It is your sole responsibility to update this information prior to any scheduled delivery. You agree to notify Cynch immediately if there is any change to any of that information. FAILURE TO DO SO IS A BREACH OF THIS AGREEMENT.
- YOUR CONSENT TO BEING CONTACTED. By providing a telephone number or email address, now or in the future, you agree that Cynch (and others on its behalf) may contact you at that email address by emailing you or at your telephone number via text message (whether manually or automatically dialed) and telephone call (whether manually or automatically dialed, and whether using a live, artificial, or prerecorded voice) regardless of whether you will incur charges. You further agree that such communications may include, without limitation, delivery reminders, delivery confirmations, past-due account notices, account notifications, and attempts to collect any debts from you. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO SUCH COMMUNICATIONS IS A MATERIAL AND ESSENTIAL PART OF THIS AGREEMENT AND THAT YOU PROVIDED IT AS PART OF A BARGAINED-FOR EXCHANGE.
- WAIVER. If we delay in exercising any of our rights, Cynch will not be prevented from exercising our rights at a later date. Cynch’s waiver of any breach of this Agreement at any time shall not excuse future breaches by you.
SEVERABILITY. If any provisions of this Agreement are determined to be invalid under applicable law or unenforceable by a court, such provision shall be deemed to be restated to reflect, as nearly as possible, the original intention of this Agreement in accordance with applicable law. The remaining terms will remain unaffected by the invalid or unenforceable term, and each term will continue to be valid and enforceable to the fullest extent of the law.
- SURVIVAL. Paragraphs 4, 5, 7, 8, 9, 10, 14, and 18 shall survive termination of your relationship with Cynch.
- CHANGES TO THE AGREEMENT. Cynch reserves the right to amend or add to this Agreement at any time by posting a new version of the Agreement on the Website. This Agreement may not be modified orally and describes the entire agreement between Cynch and You with respect to its subject matter. Any prior arrangements, agreements, contracts, representations, warranties, purchase orders, bids, proposals, offers, or other communications, written or oral, that are inconsistent with this Agreement, are superseded and of no force or effect.