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- Delivery – We will deliver, subject to availability, fuel oil at our established price on the date of delivery unless another price has been established. Deliveries will be made to you at the address shown on this agreement, on an automatic basis according to Weather Controlled Degree Day System, unless our Credit Department has notified you that you must call for your oil. If your account is established as a will-call delivery type, then we require 2 business days’ notice to arrange for a delivery. Price agreement is terminated if account is not on automatic delivery.
- Payment – A metered ticket will be left or mailed to you after each delivery. The ticket will show the number of gallons delivered, the price per gallon and total dollars owed, which is to be paid within 7 days. If other payment terms are required by our Credit Department, you will be notified by them through written notification or telephone.
- If you maintain a Service Contract with us, or if you require chargeable service calls for repairs or maintenance, these will be billed to your oil account and are to be paid within days from the invoice date. Customer must pay a handling charge of $30 for any payment check dishonored.
- Finance Charges – Charges of thirty (30) days or more are considered past due. We will send you a statement, which will show the past due amount as well as your current month’s purchases, and the FINANCE CHARGE. FINANCE CHARGES are computed at the rate listed below:
- 5% per month (equivalent to an ANNUAL PERCENTAGE RATE OF 18%) applied to customer’s average daily balance commencing from the beginning of the invoice date on any account past due over 30 days.
- Default and Collection Costs – YOU will be in default if you do not pay a balance on time, file for bankruptcy, or make an assignment for the benefit of the creditors. Default means that we can demand immediate payment of the full balance. If we refer collection of the balance to a lawyer, you will pay all attorneys’ fees plus court costs.
- Irregular Payment and Delay in Enforcement – We can accept later payments, or checks and money orders marked “payment in full” without losing any of our rights under this agreement. We can also delay in enforcing our rights under this agreement without losing them.
- Amendment or Changes – We can change this agreement including FINANCE CHARGES and the ANNUAL PERCENTAGE RATE at any time provided we give you at least 30 days’ notice before the beginning of the billing period in which the change becomes effective.
- Cancellation – We or you can cancel at any time within 30 days written notice. You agree to remain responsible for payment for all deliveries and/or services made before the 30 day period expires. We also have the right to cancel your account without notice if you fail to make payments on time.
- If a price protection contract has been established then the terms and conditions of the price protection contract supersede these terms and conditions during the price protection period. Customer responsibilities will always apply.
- Liability – We are not responsible for damage or loss caused by failure to make delivery due to labor shortage, strikes or to conditions beyond our control. In the event of DEFAULT, and we do not deliver oil as a result of DEFAULT, we will not be liable for any damages in either direct or indirect manner.
- Black Bear Fuel Oil and/or Black Bear Plumbing, Heating and Air Conditioning shall be released of liability for “run-outs” when the customer’s fuel usage is erratic and/or if oil tank fill pipe or vent are inaccessible or if vent alarm does not work.
- It is the customer’s obligation to maintain modern, reliable heating equipment that is free of leaks and heavy corrosion, and to upgrade equipment as necessary so as to help prevent accidents and mitigate losses that may occur during fueling and regular use.
- As our valued customer, we would like to make you aware of a potential problem that could occur with an unprotected fuel delivery line. These unprotected fuel delivery lines are made of copper and if in contact with concrete or below ground, may deteriorate, resulting in a line leak. In the event of such a leak, oil could be released, causing environmental damage that will require a costly cleanup. To avoid this exposure, both financially and personally, we suggest that you have your fuel delivery line inspected and replaced with a sleeved line if necessary. Contact us to assist you with this upgrade.
- Heating system must be protected from harsh elements, including, but not limited to, water, snow and severe cold.
- Inspect system frequently for signs of corrosion, leakage, soot, unusual discoloration and noises; must be notified immediately of any defect or failure.
- Black Bear Fuel Oil and/or Black Bear Plumbing, Heating and Air Conditioning shall be released of liability for loss of heat or any damage resulting from a freeze-up in an occupied or unoccupied dwelling. It is the customer’s responsibility to arrange for a daily house check if customer is away from the premises.
- The home’s chimney must be maintained to ensure proper system operation.
- The homeowner should be proactive in protecting personal property, finished areas, dirt floors and sump pumps; and controlling potential spills by secondary containment for oil tanks and oil-burning equipment.
- Failure of the homeowner to take these preventive measures will release Black Bear Fuel Oil and/or Black Bear Plumbing, Heating and Air Conditioning of any responsibility for any damages or losses suffered.
- Customer must provide safe and unimpeded access to the heating system.
- Black Bear Fuel Oil and/or Black Bear Plumbing, Heating and Air Conditioning will attempt to deliver oil to you while parked on a public road. However, if your fill pipe is more than 15 feet from a public road, you must provide a suitable driveway for use by Black Bear Fuel Oil and/or Black Bear Plumbing, Heating and Air Conditioning, which is wide enough for, and can sustain the weight of, an oil truck. You must keep such driveway free of snow, ice, overhanging shrubs or trees and other impediments. Black Bear Fuel Oil and/or Black Bear Plumbing, Heating and Air Conditioning will not be held responsible for damages caused by the weight, width or height of the oil truck.
- Per Service Plan terms & conditions, if you cease to be an automatic oil delivery customer or burn less than 600 gallons of fuel per annum we will rebill any past products or services at our prevailing rates. Special offers and promotions are null and void.