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    ComplaintsforCaywood Propane Gas Inc.

    Propane
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    Complaint Details

    Note that complaint text that is displayed might not represent all complaints filed with BBB. See details.

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    Complaint Status
    Complaint Type
    • Complaint Type:
      Customer Service Issues
      Status:
      Answered
      I called today (9/30/24) to ask how much propane had to be left in my tank for me to not be charged for a pickup of their tank. The lady I spoke with said that they could pick it up whenever I wanted. I roughly still have 35% in this tank so I said I would call back to schedule a pick up of the tank. I was not off the phone 5 minutes when they charged my debit card for $225. I called them back and told them that I did not authorize this charge nor have I told them to come get the tank. She said that she can charge my card as soon as I said I was going to switch companies. I will gladly pay for the tank removal when I request it but not before then. The 35% in my tank will last me more than 60 days before I need their service removed. I believe this is totally unethical for a business to do
    • Complaint Type:
      Billing Issues
      Status:
      Answered
      7/20/22 I sent 50.00 payment to Caywood propane the owner of the company sent a letter out to everyone and said the 50 dollar payment was to lock in a price of 1.89 a gallon well I seen that price of 1.89 for 2 fills then on 9/27/22 it went up to 2.25 after that they said they stopped credit to everyone and I had to pay in advance I said I was on a fixed income the girl on the phone said they didn't care this was the end of Dec.and 1/19/23 I pd 407.32 at 2.40 a gallon and it wasn't delivered until 1/27/23 sure wasn't the 1.89 it was supposed to be now talking with other people he pulled the same scam on them and they are leaving them also.I see he keeps trying to pull money out of my bank for a tank removal fee and I won't authorize it if he keeps doing it I'm filing fraudulent charges on him,

      Business response

      04/24/2023

      Please see the detailed written response attached. It is incorporated herein by reference.

      Business response

      04/24/2023

      [BBB Transcription via Attachment]

      Re: Complaint #******** ***********
      Dear Better Business Bureau:
      This letter is a response to the above-referenced complaint filed with you on 17 April 2023 and
      provided to us on 18 April 2023. For the reasons set forth below, ***** ***********’s (the
      “Customer’s”) claims are without merit and Customer is indebted to Caywood Propane Gas, Inc.
      (the “Company”) for $225 plus and interest and cost accrued thereon.
      Background and Information
      Our response is based on the following facts and information. Kindly note that red, bold
      highlights are provided for convenience and were not part of the original documents:
      • Customer signed a Customer Agreement with Company on June 18, 2019 that
      provides, in relevant part:
      o “All of Customer’s business with Caywood Propane is governed by Caywood
      Propane’s Standard Terms and Conditions, which are subject to change without
      notice and Customer will be bound by the Standard Terms and Conditions from
      time-to-time amended and in effect…”
      o If Customer is leasing a tank and related equipment from Caywood Propane,
      Customer also will be subject to the terms of Caywood Propane’s Equipment
      Lease, which is subject to change without notice and Customer will be bound by
      the Equipment Lease, which is subject to change without notice and Customer
      will be bound by the Equipment Lease from time-to-time amended and in
      effect…”
      • Company’s Standard Terms and Conditions, which are available for review by clicking
      the link at the bottom of any page on its website at
      www.caywoodpropane.com/standard-terms provide, in relevant part:
      o Price-Cap Definition:
      § “Unlike Fixed-Price Pricing, which is a fixed price for the heating season,
      Price-Cap Protection pricing is made at the lower of our Market Price or
      the Price-Cap Protection price. Price-Cap Protection requires a
      CAYWOOD PROPANE GAS, INC. Page 2
      Albion Coldwater Hudson
      minimum purchase of five hundred (500) gallons. The Price-Cap
      coverage period begins October 1 and ends March 31.” [Standard
      Terms: Propane Pricing Options, section 3 Price-Cap Protection, p. 19]
      o Price-Cap Terms and Conditions (from Standard Terms – Price-Cap Terms and
      Conditions, pp 24-25):
      § “Price-Cap Coverage Fee. You agree to make a nonrefundable payment
      of the amount established by us for the Price-Cap propane specified in
      the Price-Cap order submitted by you or on your behalf on our website at
      www.caywoodpropane.com (the “Price-Cap Application”.
      § Delivery. You agree to take delivery of Price-Cap propane between
      October 1 and March 31 of the delivery year for which you are
      purchasing Price-Cap Price Protection. You also agree that we may
      make a Price-Cap delivery before October 31 if you are on the Auto-Fill
      delivery method.
      § Minimum Annual Purchase Obligation. You agree to purchase a
      minimum of five hundred gallons of propane from us at a price equal to
      the lower of our Market Price at the time of delivery or the Price-Cap
      Price applicable to your delivery area, plus applicable taxes.
      Delivery must be made at your principal place of business or residence
      and the maximum quantity of gallons available under this Agreement will
      be (i) the gallons specified in your order if you own your tank; or (ii)
      based on your past usage and our sole discretion if you lease a tank
      from us. You agree that you will be subject to the additional fee set forth
      in this Agreement if you fail to meet this minimum gallon requirement.
      Payments and orders may be eligible for our discount programs
      published from time to time on our website and set forth in this
      Agreement.”
      o Termination Fee: “We may enter your Property, remove the Equipment and
      charge you two hundred twenty-five dollars ($225) plus the propane that remains
      in the tank at the time of removal, or such other amount as may be established
      by us from time to time, for a Termination Charge” [Standard Terms –
      Equipment Lease Terms and Conditions, paragraph 5, page 23]
      o Payment Authorization Terms: (from Standard Terms – Credit Card, Debit Card
      and eCheck Authorization, p. 8):
      § “You represent, warrant and agree that/to:
      • We are doing business with you on the basis of your
      authorization. You represent, acknowledge and agree that we are
      doing business with you in consideration, among other things, of
      prompt payment using the payment method(s) you have on file.
      CAYWOOD PROPANE GAS, INC. Page 3
      Albion Coldwater Hudson
      • Provide valid payment method information. You will provide us
      with a valid credit card, debit card or checking account (each
      individually a “payment method”) to secure payment of all
      amounts due or that may become due on your account. You
      agree that this information may be kept on file for future
      transactions and charges. You represent and warrant that you are
      an authorized user of the payment method(s) on file for your
      account.
      • Authorize us to charge payment method(s) on file. You authorize
      us to charge the payment method(s) on file on your account for
      any amounts that are due or may become due under this
      Agreement, including by way of example and not limitation, prebuy purchases, pre-paid cap purchases, price-cap fees, tank
      rental fees, termination fees, delivery fees, special delivery
      charges, charges for parts, service or propane, interest charges,
      late fees, insufficient fund fees and any other charges that may
      be due or become due under this Agreement.
      • Prior notification not required. We are not required to provide prior
      notification of any charges made to the payment method(s) on file
      on your account.
      • Agreement not to dispute. You represent, warrant and agree that
      you will not dispute any payments with your bank or credit card
      company and that disputes will be brought in accordance with the
      Governing Law, Jurisdiction and Venue provisions of paragraph
      twenty of the General Terms and Conditions of this Agreement.
      Should you violate this provision you agree to pay for any fees or
      consequential costs or damages, in addition to any other amounts
      to which we might be entitled under this Agreement. By way of
      example and not by way of limitation, this includes fees, penalties
      or other charges assessed to us, or expenses incurred by us, as
      a result of your violation of this provision.
      • Authorization cancellation. You represent, warrant and agree that
      your authorization remains in effect until cancelled in writing at
      least thirty (30) days before the next scheduled billing date. You
      also represent, warrant and agree that your payment(s)
      authorization(s) may not be cancelled with respect to any
      amounts we determine to be due or become due under this
      Agreement. By way of example and not by way of limitation, we
      may assess your payment method for a termination fee or other
      amounts due or to become due upon receipt of any notice of
      cancellation, even if you intend to continue to purchase propane
      using cash, to insure that amounts that will become due to us
      CAYWOOD PROPANE GAS, INC. Page 4
      Albion Coldwater Hudson
      (such as a Termination Fee or security deposit) are secured or
      paid.
      • Update information on file. You agree to maintain at least one
      valid payment method on file at all times and to update or change
      the payment method information on file as changes occur and,
      when possible, in advance.”
      o Payment: (from Standard Terms, Payment provisions, p. 15, paragraphs 2 and
      4):
      § “Timely Payment. You agree to pay all amounts you owe us at the time
      you are required to pay.
      § Late Payment Charges. If you do not pay all amounts you owe us at the
      time you are required to pay, we will charge you a late charge equal to
      one and one-half percent (1.5%) per month (or, if lower, the highest legal
      interest rate) of the amount past due if you have not paid for deliveries or
      other amounts billed to you for the first time on each statement (including
      late charges from preceding statements) by the date that is thirty (30)
      calendar days after the date shown on that statement or the end of the
      calendar month to which the statement or invoice relates, whichever is
      earlier.”
      o Credit and Payment Options: (from Standard Terms, Credit and Payment
      Options, pp 15 – 17):
      § “Credit Billing and Pay-at-Delivery Billing are subject to credit approval
      by us and may be discontinued in our discretion at any time for any
      reason or for no reason at all. Credit Billing no longer is being
      offered to new customers or to customers who own their tanks.”
      § “Credit Billing. Credit Billing is no longer available to current or new
      customers who do not currently have it. Customers who have Credit
      Billing privileges revoked, or who have elected or at some future date
      elect to participate in a Price Protection or Level-Pay Plan will no longer
      be eligible to return to Credit Billing. If you were approved for Credit
      Billing, an invoice may be left at your home or place of business, or
      emailed to you, at the time of delivery. In addition, you will receive a
      Statement following the close of the month in which a delivery is made,
      or if you have an outstanding balance due to us. We must receive
      payment from you within fifteen (15) calendar days of the date of
      delivery. Payments received more than fifteen (15) calendar days after
      the date of delivery are subject to additional charges. For the avoidance
      of doubt, a payment is not “received” simply by being placed in a mailbox
      or other form of third party delivery. It must physically be received by us
      and credited to your account to be considered “received.” Payments
      made using the Auto-Pay or Pre-Pay payment options are eligible for a
      price discount. The price discount is made entirely in our discretion and
      CAYWOOD PROPANE GAS, INC. Page 5
      Albion Coldwater Hudson
      may be discontinued at any time without notice. We also may, at our
      discretion and at any time, discontinue your Credit Billing
      arrangement and require you to pay using other methods and
      remove you from Auto-Fill status. For purposes of clarity, an “invoice” is
      the document left at your home or place of business at the time of
      delivery, or emailed to you. A “statement” is a summary of your account
      activity for a period, usually a month, that typically is delivered to you by
      regular mail, email or hand delivery.”
      o Will-Call or Call-In Delivery Option: (from Standard Terms – Delivery Options,
      paragraph 1, page 14): “Deliveries must be requested by you and accepted by
      us. You should call us and request delivery as soon as your tank level reaches
      30%, earlier if you are a high usage customer. Once your order is accepted
      we generally will deliver your propane within ten (10) business days. We
      reserve the right to make deliveries more than ten (10) business days from the
      date that the order is placed and accepted by us. Delivery routes and dates are
      determined by us in our discretion.”
      o Waiver: (from Standard Terms – General Terms and Conditions, paragraph 13,
      page 12): “Our waiver or delay of enforcement of any of our rights under this
      Agreement shall not prevent us from enforcing those rights at a later date and
      shall not constitute a waiver of any subsequent breach of this Agreement by
      you.”
      • Company invoiced Customer $50 for a Price-Cap Fee on 14 July 2022, and Customer
      paid the fee on Company’s website on 20 July 2022.
      • Company’s website and all communications to all of its customers, including Customer,
      provide that the Price-Cap Price for winter 2022-2023 was $2.80/gallon or the Market
      Price at time of delivery if lower.
      • Customer received 200.5 gallon delivery on 27 September 2022 at then prevailing
      Market Price of $2.25/gallon plus sales tax, for a total sale of $469.18. An invoice was
      left at Customer’s door, and Customer was sent a statement reflecting the unpaid
      delivery on 4 October 2022.
      • Customer paid $234.59 on Company website on 20 October 2022, leaving a balance of
      $234.19.
      • Company assessed a $3.52 finance charge on 1 November 2022, increasing the
      balance on Customer’s account to $238.11. Customer was sent both a statement and a
      friendly reminder that his account was 30-days past due on 1 November 2022.
      • Customer paid $238.11 on Company website on 29 November 2022, clearing his
      account balance 62 days after delivery.
      • Customer’s terms were changed from Credit Billing to Pay-at-Order, which requires
      payment before release of a delivery ticket.
      • Customer objected to Company’s change in his payment method in phone calls on (a)
      27 December 2022, (b) 19 January 2023, (c) 24 January 2023, (d) 13 April 2023.
      CAYWOOD PROPANE GAS, INC. Page 6
      Albion Coldwater Hudson
      • Customer placed order for, paid for and received a delivery of 170 gallons at
      $2.30/gallon, before sales tax and after application of the $0.10/gallon prompt payment
      discount. The price paid by Customer was Company’s Auto-Fill Market Price in effect at
      the time of delivery, even though Customer should have been charged $2.40/gallon.
      The order was placed 19 January 2023 and completed on 27 January 2023 – 8 days.
      • In a phone call on 13 April 2023 Customer demanded return of non-refundable $50
      Price-Cap Fee and removal of Company’s tank. Customer also claimed he was
      supposed to receive propane for $1.89/gallon, refused to pay the $225 termination fee
      and said he would file a complaint with the Better Business Bureau.
      • Company removed the tank from Customer’s premises on 14 April 2023 and has
      attempted to collect the $225 termination fee with the payment method Customer has
      on file.
      Response
      Based on the foregoing information and background, Customer’s complaint is without merit and,
      candidly defamatory. A perusal of the Company’s website, all communications with customers,
      and its Standard Terms and Conditions, the notes of conversations with Customer, and
      recorded calls with Customer unequivocally establish that:
      1. Customer was not provided a “lock in” price of $1.89/gallon. The only fixed price offered
      to residential Customers by Company was a $2.50/gallon fixed price pre-buy that
      required customers to pay for a minimum purchase of at least 500 gallons in advance.
      2. Customer’s deliveries were made under the terms of the Price-Cap Plan that the
      Customer agreed to.
      3. The Will-Call delivery completed on January 27 was 8 calendar days following the date
      the Customer placed the order, well within the 10 business day commitment set forth in
      Company’s Standard Terms and Conditions.
      4. The Customer’s signed Customer Agreement and Standard Terms and Conditions
      clearly provide that Company may attempt to collect amounts due on Customer’s
      account using the payment method on file. Customer wrongfully claims that he did not
      authorize it when, in fact, he did make such an authorization and further agreed not to
      withdraw the authorization.
      5. The $50 Price-Cap Fee is non-refundable.
      6. Customer owes Company $225 for a Termination Fee.
      7. The Company has, in fact, stopped offering Credit Billing to all new customers and
      ended it for all current Customers who do not lease a tank from Company. The
      Company also has restricted and withdrawn Credit Billing to Customers who lease tanks
      from the Company and is in the process of ending it for nearly all of its Customers.
      The Customer’s claim that the Company “doesn’t care” that he is on a fixed income is both
      inaccurate and unfortunate. The pandemic has been a very difficult event for our nation that
      stretches well beyond the terrible loss of life and the negative impact on the health and well-
      CAYWOOD PROPANE GAS, INC. Page 7
      Albion Coldwater Hudson
      being of millions who survived it. It also has had severe economic and business consequences.
      Inflation has ravaged the purchasing power of all Americans, especially those like Customer
      who are on a fixed income. Propane marketers, including the Company, have experienced
      dramatic increases in propane costs, labor costs and the cost of steel tanks. In the face of these
      dramatic cost pressures, and the desire to provide products and services to its customers at an
      affordable price and reasonable rate of return, the Company made a decision to end Credit
      Billing. We care deeply about Americans who struggle on a fixed income, including the
      Customer. However, the Company and, frankly all propane marketers and small businesses,
      simply can’t afford to extend credit in the current economic climate given the risk of nonpayment. The Customer deserves further elaboration on this.
      Credit billing is a disappearing feature on the American business landscape. Credit cards, debit
      cards and other forms of credit issued by banks and other finance companies largely have
      displaced the need for small businesses to extend credit. There was a time, decades ago at this
      point, when that was not the case, which is why small businesses extended credit to begin with.
      The Company is not a bank and, in fact, simply is not capable of making the appropriate
      business judgments like banks and other finance companies on whether to extend credit.
      Witness this situation. The Customer not only gave us his word at the outset of the business
      relationship, he signed a customer agreement that created a number of obligations both for us
      and the Customer. We have honored all of our obligations to the Customer, but the unpaid $225
      Termination Fee, not to mention Customer’s unfortunate defamatory statements, clearly
      demonstrate that the Company did not make a good business decision when it extended Credit
      Billing to the Customer. One need look no further than this complaint for an illustration of the
      perils of credit billing for businesses large and small.
      Finally, please note that the Company is willing to provide signed documents, copies of notes,
      correspondence, pricing history, website history and even recorded calls that still may be
      available to support the information and background upon which its response is based.
      We wish the Customer good health and keenly appreciate his economic situation, but we also
      would appreciate prompt payment of the Termination Fee obligation he agreed to in writing.
      Respectfully submitted,
      *********** ** *******

      Customer response

      05/01/2023


      Complaint: ********

      I am rejecting this response because: the  only thing I signed was a credit agreement and it was signed electronically that's all I signed, so now he is using that for everything else . I should of listened to all my neighbors about this company being rude and not very customer friendly they were right.I should of looked up the companies reviews they say a lot about the company ,complaints! I would cringe when I got a bill for propane every time they would come out never knew what the price was, he  mentioned in response price cap and market price I received one letter  July 08 2021 and the message for paying 50 dollars and that was an e-mail, I bet he's not claiming that on his taxes since he mentioned about a ponzi scheme.I never gave him authorization to take any money out of my bank with-out my authorization .I want this resolved by giving me my 50 dollars back since I am no longer with this company and to STOP trying to take money out of my bank account I will file a fraud charge if he keeps doing it,and also the owner of my house told me he owned the tank I shouldn't be charged for him taking it and I never received any paperwork showing a charge for removal in anything and I don't want to be charged for the removal either I didn't cause this problem he did ,he lost a lot of customers for taking away the credit  

      Business response

      05/02/2023

      [BBB Transcription via Attachment]

      Dear Better Business Bureau:
      Caywood Propane Gas, Inc. (the “Company”) submits this supplemental response to
      the above-referenced complaint as a result of the unfortunate rejection of our initial
      submission by ***** *********** (the “Customer”). As detailed below, the Customer
      will not receive a $50 refund of a non-refundable fee that was used to defray the cost of
      purchasing call options to hedge the Price Cap protection that was provided to him, and
      the Customer owes Company $225.
      Following is the detailed response to this Customer’s statements:
      1. The Customer signed a Customer Agreement, not a credit agreement as alleged
      wrongfully by the Customer. A copy is attached as Exhibit 1.
      2. Digital signatures, including “check the box” or type in the field signatures are
      treated as if written by hand under the Michigan Uniform Electronic Signature
      Act, Michigan Compiled Laws Section 450.831 et seq. Customer’s rejection of
      Company’s response intimates that electronic signatures somehow are less
      binding than a signature written by hand when stating “and it was signed
      electronically.” The Customer’s intimation is incorrect. The validity of electronic
      signatures under both federal and Michigan law have been settled now nearly a
      quarter century now. Paragraph 22 of the General Terms and Conditions of
      Company’s Standard Terms and Conditions also provide that both Company and
      Customer agree to do business with electronic signatures.
      3. The Price Cap Letter clearly states that it’s both optional and subject to
      Company’s Standard Terms and Conditions. A copy of the Price Cap Fee
      CAYWOOD PROPANE GAS, INC. Page 2
      Albion Coldwater Hudson
      referenced in Customer’s rejection of Company’s response is attached as Exhibit
      2. Kindly note that our software system has changed the date, but the letter
      otherwise is identical to the letter emailed to Customer on July 16, 2022 (not July
      8, 2021 as alleged by Customer – see attached Exhibit 3 screen shot of
      Company’s software system record as proof of date of emailing). As previously
      noted in Company’s initial response (see page two of Company response or pp.
      24-25 of Company’s Standard Terms and Conditions), the Price-Cap Fee is nonrefundable. The Company uses the Price Cap Fees to defray the cost of
      purchasing call options to hedge its Price Cap obligations to Customers. These
      call options ensure that Company will have the financial resources to honor its
      contractual commitments to customers in the event of price spikes. The actual
      cost of the hedge is higher than the fees paid by customers. Please note that the
      second bullet point in the attached Price Cap Letter to Customer alludes to this.
      The June 24 Price Protection email referenced by Customer is attached as
      Exhibit 4. The Website details mentioned in the June 24 email are attached as
      Exhibit 5. Click this sentence to watch the brief video also available both on
      YouTube and our Website that explains Company’s Price Protection Programs,
      describes how they work, and clearly discloses that the Price Cap Fee is nonrefundable and that the programs are subject to Company’s Standard Terms and
      Conditions.
      4. Customer paid the Price-Cap Fee online on July 20, 2022 (See attached Exhibit
      6). This is important because website payments include the following language:
      “If you are satisfied and wish to complete the payment as shown, click the
      [Process Payment] button. Your payment method will be processed and when
      approved you will receive a confirmation the payment has been successfully
      placed. At this point you will have the option to print a receipt. You must read and
      agree to the Online Payment Policy and our Standard Terms and Conditions to
      pay online. Click here to view: Standard Terms and Conditions.” (see Attached
      Exhibit 7).”
      The online Payment Policy provides as follows:
      “You agree that all of your business with us is subject to our Standard Terms and
      Conditions, which includes our payment options and payment policy.
      Our Standard Terms and Conditions are incorporated by reference here as if
      they were fully set forth in this window. Please click the links to review the full
      CAYWOOD PROPANE GAS, INC. Page 3
      Albion Coldwater Hudson
      terms of the documents. In those documents, among other things, and
      here, you agree that: (1) Caywood Propane is authorized to charge the
      payment method on file in your account for any amounts determined by
      Caywood Propane to be due and payable under the Standard Terms and
      Conditions; and (2) your authorization survives termination of the customer
      relationship until all amounts due and owed to Caywood Propane have
      been paid.” (see attached Exhibit 8).
      Customers, including the Customer in this complaint, must check the box to
      agree to the above two quotes before they are able to process a payment (see
      Exhibit 7). As noted in paragraph two of this supplemental response to
      Customer’s rejection of Company’s initial response, checking the box is the same
      as handwriting a signature under both federal and state law.
      5. Customer wrongfully claims that he never gave authorization “to take any money
      out of [his] bank account with-out [his] authorization. As noted in Company’s
      initial response to Customer’s complaint, the Customer represented, warranted
      and agreed that we could charge his payment method on file. The Customer
      further agreed that he could not withdraw the pre-authorization for any amounts
      determined to be due by Company.
      It also is worth noting that Customer agreed to this authorization each time
      Customer made an online payment. As noted in paragraph 4 to this supplemental
      response, electronic payments require agreement to the Online Payment Policy,
      with provides for Customer’s authorization of payment. In addition, checking the
      box is the same as writing a signature by hand under both applicable federal and
      state law. As shown in the attached Exhibit 9, the Customer’s payment record
      with Company shows 22 website payments, which amounts to 22 electronic
      signatures agreeing to Company’s Payment Policy.
      6. The previous owner of the house does not own the Company’s tank. Attached
      are the following:
      a. Application/Lease Agreement from Prior Customer (Exhibit 10). This
      combined application/agreement was submitted on a prior version of
      Company’s website. Please note that the prior customer asked for a
      leased tank and it was replacing a tank leased from Ferrellgas.
      CAYWOOD PROPANE GAS, INC. Page 4
      Albion Coldwater Hudson
      b. NLT Word order (Exhibit 11). Company’s internal work order provides that
      Company is making an “NLT set”. This is shorthand for a New Leased
      Tank Set.
      c. Photograph of Tank at Installation (Exhibit 12). Company has a policy of
      taking photographs at installation to demonstrate compliance with certain
      legal standards (e.g., placement of tank at minimum distance from
      structures). Attached as Exhibit 12 is a photograph of Company’s tank on
      Customer’s property on the day it was installed for the prior owner, which
      is replacing an aging tank.
      7. Contrary to Customer’s allegations, Customer received invoices for removal at
      the time of removal and in a recently sent monthly statement. Please see
      attached Exhibit 13 with copies of the invoice and statement sent to Customer.
      Kindly note that the software automatically changes the dates on these
      documents when they are printed, so by referencing the software
      communications record attached as Exhibit 14, the date the invoices and
      statements were sent may be confirmed.
      8. Contrary to Customer’s allegations, Customer requested that the tank be picked
      up on April 13, 2022. Please see attached Exhibit 15. Also submitted to BBB on
      its website is a recorded call between Customer and Company, in which
      Customer requests removal of the tank, incorrectly summarizes the terms of
      business with Company, uses profanity, and makes defamatory claims about the
      Company. It’s worth noting, however, that the question of whether Customer or
      Company decided to remove the tank is irrelevant. Paragraph 5(c) of the
      Equipment Lease provisions of Company’s Standard Terms and Conditions
      provides for a Termination fee if “We or you terminate the lease of our Equipment
      under this Agreement or the terms of any Equipment Lease that we have with
      you.”
      The Customer makes a number of qualitative observations and accusations in his
      rejection of Company’s initial response. The Company declines to respond with
      specifics, but does wish to make the following general observations:
      • Customer’s statements about the Company’s compliance with applicable law,
      especially the tax laws, are false and defamatory. Customer’s statements about
      the Company operating a ponzi scheme similarly are false and defamatory.
      CAYWOOD PROPANE GAS, INC. Page 5
      Albion Coldwater Hudson
      • Customer’s statement about never knowing what the price is could have been
      addressed by Customer with a simple phone call or simply looking at the publicly
      posted prices on Company’s website.
      • Customer’s statements about Company’s reputation in the marketplace may be
      colored by Customer’s experience with the Company. The Company is rated
      among the top Propane companies by Yelp and other, similar services. The
      Company’s average of its Google ratings for its 3 locations is 4.1, compared to a
      competitor average of 3.4 for the three counties where Company’s offices are
      located. Perhaps most important, the Company’s residential business, especially
      its leased tank business continues to grow significantly in a market where the
      number of homes heated by propane has declined by approximately 12% over
      the past 10 to 15 years. The Company attributes its continued growth and
      success to hard work and technology to deliver lower costs, superior service and
      a promise to never let customers run out of propane. As evidenced in the
      documentation provided in this response, which includes materials from the
      Company’s website, the Company uses web content, explanatory videos and
      transparent access to its agreements, terms and conditions to provide reliable,
      transparent and value-priced service to its customers. The Company proudly
      traces its roots back to 1939.
      Finally, the Company stands by its decision to end house credit, and notes that
      Customer, in his recorded call, stated that the Company was disrespectful. A simple
      listen to the recorded call submitted with this supplemental response reveals that
      Company and its customer service representatives have been respectful to Customer,
      even in the face of Customer accusations about ponzi schemes, use of profanity and
      repeated demands that clearly were contrary to every single communication made with
      Customer.
      We continue to wish the Customer good health and keenly appreciate his economic
      situation, but respectfully request payment of the Termination Fee he agreed to and
      demand that Customer cease making false, defamatory statements.
      Respectfully submitted,
      *********** ** *******
      President

      Customer response

      05/02/2023


      Complaint: ********

      I am rejecting this response because He can keep the fifty dollars he needs it more than I do, he has his propane tank and we shall call it even now I will listen to my neighbors more and look at reviews, he has bad reviews on his website.

       

                                 Respectfully,

                            ***** ***********

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