FUEL DELIVERY CUSTOMER WAIVER & TERMS OF SERVICE

Authorization

By requesting and accepting fuel delivery, Customer authorizes Fuel South Georgia, LLC and its employees to enter the designated delivery area for the limited purpose of accessing the vehicle, equipment, tank, or approved fuel receptacle identified by Customer and dispensing the requested fuel.

Customer represents that Customer is the owner of, or is authorized by the owner, to access and receive fuel for the property, vehicle, equipment, tank, or fuel receptacle identified in the order.

Customer is responsible for providing accurate delivery information, including the correct address, fuel type, vehicle or equipment information, and any other information reasonably necessary to safely complete the delivery.

Safe And Accessible Delivery Location

Customer is responsible for ensuring that the delivery location is reasonably safe, accessible, and suitable for fuel delivery.

Fuel deliveries will not be performed to vehicles parked along the street or in roadway areas, including vehicles parked in downtown areas, curbside parking spaces, traffic lanes, shoulders, or other locations where the delivery vehicle, fuel hose, Customer, or surrounding public may be exposed to traffic or other safety hazards, with the exception of an emergency situation (vehicle disabled due to being out of fuel).

Customer must ensure that the delivery area is free of hazards and obstructions, including but not limited to:

People, children, and pets

Vehicles or equipment blocking access

Debris, construction materials, or other obstructions

Unsafe terrain or unstable surfaces

Conditions that could interfere with the delivery vehicle, hose, or fueling equipment

Fire, ignition, smoking, or other hazardous conditions

Any other condition that a reasonable fuel-delivery professional would consider unsafe.

Fuel South Georgia, LLC may refuse, postpone, or terminate a delivery if, in Fuel South Georgia, LLC’s reasonable judgment, the location or circumstances present an unsafe condition or do not comply with applicable laws, regulations, codes, or company safety procedures.

Customer shall indemnify, defend, and hold harmless Fuel South Georgia, LLC, and its officers, directors, members, managers, employees, agents, and contractors from and against any and all claims, demands, actions, damages, injuries, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) any hazard or condition at the delivery location that Customer knew or should reasonably have known existed, (b) Customer’s breach of these Terms, or (c) Customer’s negligent or willful acts or omissions, including damage to property or injury to any person, except to the extent caused by Fuel South Georgia, LLC’s negligence or other conduct for which Fuel South Georgia, LLC cannot legally disclaim responsibility.

Tank, Vehicle, And Equipment Condition

Customer is responsible for ensuring that the vehicle, fuel tank, equipment, fuel system, fill port, fittings, piping, caps, valves, and other components receiving fuel are properly maintained and suitable for the fuel being delivered.

Fuel South Georgia, LLC does not inspect, certify, repair, maintain, or guarantee the condition of Customer's vehicle, tank, equipment, fuel system, or related components.

Fuel South Georgia, LLC may refuse delivery if equipment appears damaged, defective, leaking, improperly identified, incompatible with the requested fuel, or otherwise unsafe.

Customer understands that Fuel South Georgia, LLC is not responsible for pre-existing defects, deterioration, contamination, leaks, improper installation, defective equipment, or failures of Customer-owned equipment.

Fuel Type And Delivery Instructions

Customer is responsible for ordering the correct fuel type and providing accurate instructions.

Customer agrees not to request or accept fuel for a purpose, or into equipment, for which that fuel is not intended.

Fuel South Georgia, LLC may refuse delivery if there is uncertainty regarding the appropriate fuel type, receiving equipment, quantity, or safe method of delivery.

Fuel South Georgia, LLC is not responsible for damage, loss, repair costs, downtime, towing, mechanical failure, contamination, or other expenses resulting from Customer's selection of an incorrect fuel type, providing inaccurate or incomplete information, identifying the wrong vehicle or equipment, or requesting fuel that is incompatible with the receiving vehicle, equipment, tank, or fuel system.

Customer knowingly and voluntarily assumes all risks associated with misfueling or other improper fueling resulting from any incorrect, inaccurate, incomplete, or misleading information or instructions provided by Customer, including all resulting damage, loss, repair costs, downtime, towing, mechanical failure, contamination, and other expenses, except to the extent caused by Fuel South Georgia, LLC’s negligence or other conduct for which Fuel South Georgia, LLC cannot legally disclaim responsibility.

Nothing in this agreement, including this section, shall be construed to waive or limit liability to the extent such liability cannot legally be waived or limited under applicable Georgia or federal law.

Except as expressly provided in these terms, Fuel South Georgia, LLC disclaims all warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, and any warranties arising from course of dealing, usage of trade, or performance, to the maximum extent permitted by Georgia law, with respect to all services and products provided hereunder. This disclaimer is intended to satisfy the conspicuousness and other requirements of O.C.G.A. § 11-2-316.

Pricing And Payment

Fuel prices may vary based on market conditions, supplier pricing, location, taxes, fees, and other applicable costs.

The price quoted at the time an order is placed may be subject to change if the order is modified, delayed, rescheduled, or otherwise affected by circumstances disclosed at the time of ordering.

Customer agrees to pay all applicable fuel charges, emergency delivery fees, membership fees, taxes, and other disclosed charges. Customer must notify Fuel South Georgia, LLC of any dispute concerning a charge within 15 days after the charge is posted or invoiced; otherwise, Customer waives the right to dispute that charge to the maximum extend permitted by law. All fees and charges are nonrefundable except as required by applicable law or expressly provided in these terms.

Membership fees are required to be paid at time of registration. Fuel charges are required to be paid upon delivery.

Fuel South Georgia, LLC may use third-party payment processors to process Customer payments. Customer authorizes Fuel South Georgia, LLC and it’s payment processors to charge the payment method provided for authorized charges.

Delivery Times

Delivery may be delayed by weather, traffic, road conditions, equipment problems, fuel availability, emergencies, governmental restrictions, unsafe conditions, unusually high demand, or circumstances beyond Fuel South Georgia, LLC’s reasonable control.

Fuel South Georgia, LLC will make reasonable efforts to communicate delivery delays when practicable.

Cancellations And Rescheduling

Customers may cancel or reschedule an order subject to Fuel South Georgia, LLC’s applicable cancellation policy.

Unless otherwise stated at the time of ordering, cancellations made less than 1 hour before the scheduled delivery may be subject to a cancellation or service fee.

Fuel South Georgia, LLC may waive or modify a cancellation fee at its discretion.

Any refund will be processed according to Fuel South Georgia’s refund policy and applicable law.

Compliance With Law

Company and Customer agree that fuel deliveries are subject to applicable federal, state, and local laws, regulations, fire codes, environmental requirements, transportation requirements, and safety standards.

Company may modify, restrict, refuse, or discontinue services when necessary to comply with applicable requirements.

Customer agrees not to request that Company perform any delivery in a manner that would violate applicable law or safety requirements.

Electronic Orders And Communications

Customer agrees that orders and communications may be made electronically through Fuel South Georgia, LLC’s website/app, text message, email, telephone, or other approved communication methods.

Customer agrees that electronic records of orders, confirmations, delivery information, payment records, and communications may be maintained as business records.

Privacy

Fuel South Georgia, LLC may collect information reasonably necessary to process and fulfill Customer orders, including Customer name, address, telephone number, email address, vehicle or equipment information, payment information, delivery history, and information relating to website or application usage.

Subscription/Membership

Recurring charges, renewal terms, cancellation requirements, and benefits will be disclosed to Customer before enrollment.

Unless otherwise stated, recurring memberships automatically renew until canceled in accordance with the applicable membership terms.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY GEORGIA LAW, FUEL SOUTH GEORGIA, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY FUEL DELIVERY, UNDER ANY LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO FUEL SOUTH GEORGIA, LLC FOR THE SPECIFIC DELIVERY GIVING RISE TO THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY GEORGIA LAW, FUEL SOUTH GEORGIA, LLC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF COVER, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY DELIVERY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR WAIVED.

Force Majeure

Fuel South Georgia, LLC shall not be liable for any delay, interruption, suspension, or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic or pandemic, public-health emergency, war, terrorism, civil unrest, labor disputes, governmental actions or restrictions, utility or telecommunications failures, transportation interruptions, fuel shortages, supplier failures, supply chain disruptions, equipment failures, or unsafe conditions. Fuel South Georgia, LLC may extend delivery times, suspend services, or cancel an affected order without liability while the event continues and for a reasonable period thereafter.

Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be reformed and enforced to the minimum extent necessary to make it valid and enforceable, if permitted by law, and the remaining provisions shall remain in full force and effect.

Governing Law And Venue

These Terms and any dispute arising out of or relating to these Terms or any fuel delivery shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws principles. The parties agree that the exclusive venue for any such dispute shall be the state or federal courts located in Lowndes County, Georgia, and Customer irrevocably consents to the personal jurisdiction and venue of those courts.

Dispute Resolution

Before filing or commencing any claim or action arising out of or relating to these Terms or any fuel delivery, Customer shall provide Fuel South Georgia, LLC with written notice describing the claim at least 30 days in advance and allow Fuel South Georgia, LLC a reasonable opportunity to resolve it. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or any fuel delivery must be commenced within one (1) year after the cause of action accrues, or the claim shall be deemed waived by Customer and Customer shall be permanently barred from bringing such action.

Waiver Of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUEL SOUTH GEORGIA, LLC AND CUSTOMER KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, ANY FUEL DELIVERY, OR THE PARTIES’ BUSINESS RELATIONSHIP.

No Class Action

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY FUEL DELIVERY MAY BE BROUGHT ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN SUCH A PROCEEDING.

Modification And Amendment

Fuel South Georgia, LLC may modify or amend these Terms upon reasonable notice to Customer, including by providing at least 310 days’ notice through the website, mobile application, email, text message, or another reasonable communication method. Any modification shall become effective on the date stated in the notice, and Customer’s continued use of the services, placement of an order, or acceptance of a delivery after that date constitutes Customer’s acceptance of the modified Terms.

Entire Agreement

These Terms, together with any applicable order confirmation, pricing terms, membership terms, and Fuel South Georgia, LLC policies incorporated by reference, constitute the agreement between Fuel South Georgia, LLC and Customer concerning the applicable fuel-delivery service.

Right To Refuse Or Stop Service

If Fuel South Georgia, LLC stops a delivery for safety or legal reasons, Customer agrees to cooperate with Fuel South Georgia, LLC’s instructions.

Customer Acknowledgment

By registering for membership or placing or accepting delivery, Customer acknowledges that Customer has read, understands, and agrees to these Terms & Conditions and the applicable Fuel South Georgia, LLC policies.

Customer acknowledges that fuel delivery involves inherent risks associated with flammable and combustible products and agrees to follow all applicable safety instructions.