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Peter_5129 · May 11, 2010, 05:51 PM

We built our house in 2000 and siged an agreement with AGWAY to supply us Propane and they agreed to provide us an underground tank for free if we purchase gas from them for (1) year.

AGWAY is no longer in business and was bought out by SUBURBANE PROPANE. When we questioned SUBURBANE about our propane cost we found out we were paying a premium cost which said we did not own our tank. I contacted there manager and he aplogized and promised to reduce our passed invoices and provide us with a new rate.
They have since continued to chage us a higher propane rate and we would like to have another supplier provide us with propane. The suppliers name is Galway Co-Op.

Galway Co-Op will not fill an underground tank unless we can provide owership. I signed a letter which states that I own the tank. SUBURBANE PROPANE says they own the tank.

Who is responsible to remove the 500gl. Underground propane tank and return the site to its existing condition?

I have a copy of our signed agreement with the original supplier AGWAY if it will help!

I am switching Propane Gas suppliers and was under the impression the we owned the 500 gl. Underground tank.

Fr_Chuck · May 11, 2010, 06:22 PM

?? You state that you agreed to them providing a tank if you buy gas for a year ( they own the tank) then you say you thought you owned the tank, can't have it both ways.

If the first company was actually bought out, then they own the old accounts and all of thie old accounts equpment.
Often they may be willing to sell the tank at a cheaper price.

GalwayCoop · Jan 20, 2013, 08:29 PM

It appears that Agway has allowed you to use their tank without a rental fee as long as you purchase propane from them. This is not uncommon in the industry. Suburbane purchased Agway, normally that would mean they also acquired all Agway’s liabilities and assets.

Having a propane distributor’s tank buried in your yard is normally a very bad idea. Without a contract outlining what you will be paying per gallon in the future gives the propane company to charge you whatever they want. When you finally get to the point that you want out, as it appears you have, the question is, who's going to remove the tank? Typically, the langue in their contracts requires the homeowner to remove the tank. It can be expensive and can also make a mess of your yard. There are exceptions where the homeowner is not responsible.

If you can purchase the tank from the distributor, you should. You can then shop for fuel, and normally owning your own tank will get you a better deal. If you have any additionally questions, call the Galway Fuel Co-op. 882-5445 www.Galwayco-op.com[/URL]