Fuel Oil & Propane Delivery Terms & Conditions

Supply of Fuel Oil, Propane and Related Services

Terms & Conditions

These Supply of Fuel Oil, Propane and Related Services - Terms & Conditions (this “Agreement”) are effective immediately upon receipt by customer (“Customer”) from Scott Energy. Acceptance by Customer of deliveries of fuel oil, propane gas, service work, or installation or placement of equipment owned by Scott Energy also constitute acceptance of this Agreement.

1. Provisions Unique to Fuel Oil.
   1. Fuel Oil Supply. Scott Energy will use commercially reasonable efforts to deliver fuel oil on the schedule requested by Customer.
   2. Fuel Oil Tank Inspection. Company will use commercially reasonable efforts to periodically perform a visual inspection of aboveground fuel oil tanks. Any inspection by Scott Energy only represents the visible condition of the tank at the time of inspection and is not a prediction or opinion of the tank’s condition in the future. If the tank is in an enclosure, or inaccessible to Scott Energy personnel for any reason, it is the Customer’s responsibility to provide access to the tank and to set up a time for an inspection. Since tank conditions may change at any time, the Customer owns the tank and has ongoing access it is ultimately Customer’s responsibility to check the tank for wear and tear and/or any leaks and notify Scott Energy immediately of any concerns.
2. Provisions Unique to Propane 
   1. Propane Supply. Customer agrees that only propane sold by Scott Energy will be used with the Scott Energy tanks, cylinders and/or related equipment. Scott Energy will exercise commercially reasonable efforts to deliver propane on the schedule requested by Customer.
   2. Equipment. Scott Energy will provide the Customer with the propane storage container(s) and related equipment that Scott Energy deems necessary to provide service. Customer agrees to pay equipment rental or minimum usage charges in effect at the time under Section 2(c) below.
   3. Minimum Usage Policy Scott Energy may charge the customer a rental charge for the use of propane gas equipment owned by Scott Energy if Customer does not purchase the minimum required amount of propane in a twelve (12) month period. For these purposes, the period of April 1 to March 31 is used annually. The minimum usage and rental charge is based on the type and size of equipment provided by Scott Energy to Customer. The minimum rental charge may be changed at any time by Scott Energy upon reasonable prior notice.  Customer agrees to pay the then-current minimum usage and rental charge.
   4. Title to Equipment. The propane container(s) and related equipment provided to Customer by Scott Energy remain at all times the property of Scott Energy. All containers and related equipment are considered separate from the real property on which they are located and are not deemed to be a fixture. Scott Energy (and National Fire Prevention Association (NFPA) 58) expressly prohibits Customer (directly or indirectly) from adjusting, connecting, disconnecting or removing any equipment owned by Scott Energy without Scott Energy’s prior written consent. Customer must notify Scott Energy immediately if the equipment malfunctions, is damaged or has been tampered with in any way.
   5. Access to Equipment. Scott Energy may enter Customer’s property to deliver propane, install, service or remove any Scott Energy-owned equipment in order to provide services that Scott Energy reasonably deems necessary. The Customer agrees to promptly surrender to Scott Energy all equipment provided by Scott Energy upon termination of this Agreement or Customer’s account for any reason.
   6. Ownership of Interior Piping and Appliances. Customer acknowledges that it owns and is responsible for the maintenance and safe operation of all piping and propane consuming appliances and other adjoining systems downstream of the outlet of the first stage regulator. Customer represents that such piping, appliances and adjoining systems are safe, operate properly and are installed, maintained and operated in accordance with all applicable codes and regulatory requirements and that all interior piping and connections, including those on propane burning appliances and equipment, are tight and free of leaks.
   7. Release. To the extent permitted by law, the customer agrees to release and hold harmless Scott Energy or its’ agents for all claims for bodily injury or property damage arising from the Customer’s use of propane gas, including, but not limited to, any act or omission committed by the Customer in its use of propane gas and any propane consuming appliances and other adjoining systems.
3. Rates and Charges. Customer agrees to pay Scott Energy’s current rates and charges in effect at the time fuel oil or propane is delivered or service is rendered by Scott Energy to Customer.  The price per gallon to be paid by Customer to Scott Energy for fuel oil or propane delivered to Customer shall be Scott Energy’s established retail price for Customer in effect on the date of delivery. The posted price per gallon for fuel oil or propane for each delivery will be set forth on the delivery ticket provided to Customer. Scott Energy reserves the right to change rates and charges from time to time without notice.
4. Delinquency, Disconnection. If a valid bill remains unpaid thirty (30) days after the date on the delivery ticket or other invoice, Scott Energy may provide Customer with (i) a delivery hold notice for fuel oil; or (ii) a disconnection or delivery hold notice for propane gas. The Customer will be given at least fourteen (14) days, but no more than twenty (20) days, before the date on which a disconnection or delivery hold is to take place. Thereafter, Scott Energy may refuse, interrupt or disconnect service as provided by applicable state and federal law.  A complete outline of Company’s credit terms is found on our credit application and is published on our website.
5. License, permits, and taxes. Customer agrees to pay all license, permit and inspection fees and all taxes associated with the sale, installation or use of fuel oil, propane gas and related equipment supplied by Scott Energy (other than Scott Energy’s income tax obligations).
6. Automatic Delivery. As a convenience to customers, Scott Energy offers automatic delivery. Scott Energy’s computerized automatic delivery program is designed to project future fuel deliveries based on a customer’s historical fuel consumption, daily temperature data, and other information; provided, however, that differing amounts of fuel may be used due to factors beyond our control and for which we are not responsible. If Customer selects this automatic delivery option, then Scott Energy’s fuel oil and propane dispatch teams use best efforts to ensure that Customer has an adequate supply of fuel; provided, however, that Scott Energy does not  guarantee that Customer will never run out of fuel oil or propane.  Customer remains responsible to ensure that Customer has an adequate supply of fuel oil or propane at all times consistent with the terms and conditions of this Agreement.
7. Will Call Delivery. If Customer does not select automatic delivery, Scott Energy will deliver fuel oil or propane on a will call basis. Under will call, Scott Energy does not track Customer’s historical consumption or anticipate when customers need fuel. Scott Energy will only deliver fuel upon Customer’s request. Customer is responsible for monitoring the fuel level in Customer’s tank and to order a fuel delivery is when the tank gauge reads 30% full [Fuel Oil - between ¼ and ½ full]. Scott Energy requires at least 24-hour notice for weekday deliveries to be delivered on Scott Energy’s regular schedule without additional fees. Weekend delivery may be available during the heating season (November to April) but cannot be guaranteed. If Customer runs out of fuel, a delivery request for fuel oil or propane could result in a chargeable service call or additional fees.
8. Driveway and Property Access; Safety. Customer will ensure that Company can access the property to provide service in a safe manner and avoid property damage, including:
   1. Customer’s driveway is cleared of snow, debris and other materials to a width of at least 12 feet to accommodate access by Scott Energy service vehicles and personnel (or less if Customer’s driveway is not that wide);
   2. A path is cleared of snow, debris and other materials to a width of at least 3 feet to enable a path to provide access to the equipment requiring service by Scott Energy personnel (or less if Customer’s property is not that wide);
   3. A path is cleared to and around Customer’s propane tank or fill pipe or the underground tank for fuel oil tanks;
   4. Customer must secure all pets and other animals at all times while Scott Energy personnel are on site at Customer’s premises;
   5. Service area for Customer’s equipment must be clear of standing water.
9. Unoccupied/Vacant Primary Residence, Rental, Seasonal or Vacation Property. Customer is responsible for monitoring the proper operation of the heating system and temperature on Customer’s property on a daily basis and notifying Scott Energy of any problem which arises.   If all or any portion of the Customer’s property (including, without limitation, seasonal homes, second homes, or vacation homes) is unoccupied or vacant at any time or for any period of time, the Customer is responsible for monitoring and making arrangements for monitoring the proper operation of the heating system and temperature within that property at all times.  Scott Energy is not responsible for any loss, damage or injury due to, or resulting from, the failure of any heating system in any property that the Customer has left unoccupied or vacant for any period of time.
10. Release and Waiver of Subrogation. Company and Customer will each look to its own insurance for recovery of any loss. Company and Customer release one another from such claims. Company and Customer waive any right of recovery of insured claims by anyone claiming through them, by way of subrogation or otherwise, including their respective insurers.
11. Force Majeure. Scott Energy is not liable if prevented from performing any of its obligations under this Agreement due to causes beyond its reasonable control including, but not limited to, acts of God or government, fires, floods, droughts, snow emergencies, earthquakes, wars, acts of terrorism, riots, labor disputes, delays in transportation, embargoes, pandemics or shortages of product.
12. Termination. Either party may terminate this Agreement at any time for default if the other party fails to meet any of the materials terms and conditions of this Agreement and fails to cure that default within a reasonable period of time after that failure, but not more than 30 days.  In addition, either party may terminate this Agreement for its convenience by giving the other party 30 days prior written notice (provided, however, that no notice is required for termination by a party if it is determined that a threat to health and safety exists). If Customer’s account with Company is terminated for any reason, then Company is no longer responsible for providing service of any kind to Customer. Service plans are not totally or partially refundable. If Customer’s account is terminated for any reason, Customer remains responsible for all amounts owed to Company.
13. Gas Return on Termination. Scott Energy may refund 50% of the retail value of propane gas returned in containers removed from the buyer’s premises upon termination. Cylinders sized 50 gallons and smaller will not be refunded returned gas.
14. Miscellaneous.  This Agreement supersedes all previous communications, understandings and other agreements, written or verbal, between Scott Energy and Customer with respect to its subject matter. Please read this Agreement carefully and retain a copy for your records. This Agreement cannot be modified by Customer unless that modification is submitted in writing to, and accepted in writing by, an authorized representative of Scott Energy. Agreement may be modified at times by Company without notice. Please refer to our website or contact our office to obtain an updated version of this Agreement.