Terms and Conditions

You (“Customer”) are entering into a relationship with My Propane Butler, Inc. (“My Propane Butler”) (collectively “the Parties”) by ordering a propane cylinder and related services online or through a separate document. These terms and conditions, together with all other documents executed or approved by the Parties and the Website as referenced below) (“the Agreement”) define and control the Parties’ relationship and all goods, services, transactions, rights, and obligations that exist or may arise out of this relationship (“the Relationship”).

My Propane Butler agrees to diligently and competently provide propane cylinders and services that Customer orders as described on its website (www.mypropanebutler.com) (“the Website”). Customer agrees to timely pay for cylinders and services provided, properly care for the cylinders, and comply with Customer’s obligations as described on the Website and the Agreement. Customer understands all the Parties’ rights and obligations described on the Website.

My Propane Butler warrants that it has good title to the cylinders provided to Customer and that the propane will meet nationally recognized specifications for commercial grade propane. Otherwise, except as set forth on the Website, My Propane Butler provides no warranty (express, limited, or implied) and expressly disclaims such warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Customer’s damages arising out of the Relationship (if any) are limited to the amounts Customer has paid for product or services. Consequential or exemplary damages are excluded.

The Agreement and the Relationship may be modified only by a writing signed by the Parties. The Relationship is personal as between My Propane Butler and Customer and may not be assigned without the prior written consent of My Propane Butler.

The Parties agree that they will first attempt in good faith to resolve disputes by exchanging information, documents, contentions and trying to informally resolve the dispute. No formal mediation is required but arbitration may not proceed until the parties have in good faith been unable to informally resolve the dispute. All disputes not resolved informally shall be resolved exclusively by binding arbitration as provided by North Carolina’s Revised Uniform Arbitration Act (N.C. Gen. Stat. § 569.1 et seq.). Venue is exclusively in Johnston County. Each party shall submit a list of three AOC certified mediators or arbitrators to the Senior Resident Superior Court Judge for Judicial District 13 who shall select one to serve as the arbitrator of the parties’ dispute. Appointment by the Court is an administrative act not requiring a formal lawsuit. It shall be handled through “Communications with the Court” under the Local Rules for Judicial District 13. The arbitrator’s award shall be binding. The parties will pay their own arbitration costs, expert fees, and attorney’s fees (arbitration expenses). The arbitrator may not tax arbitration expenses.