Open an Oil Delivery Account - Terms and Conditions
General Terms: This (electronic) agreement is a contract for the purchase of home heating oil between the PURCHASER and the seller, Patten Oil Co., Inc. Accounts with any past due balances or un-paid program fees are subject to program cancellation. All other charges or outstanding balances must be paid in full before purchaser can participate in any program.
Inability to deliver caused by outside forces, acts of nature, or Force Majeure: Should a failure occur in any part of the supply chain due to natural or man-made events beyond the control of Patten Oil Co., Inc., this contract may be voided.
Performance security for heating oil purchased below has been provided by the purchase of Nymex futures contracts/options.
Automatic Delivery: All Oil Price Protection programs require automatic delivery. Purchaser agrees to purchase all heating oil exclusively from Patten Oil Co., Inc. until all of the Contract Gallons of heating oil have been delivered to the Purchaser. If there is evidence that the delivery location is no longer on automatic delivery, or is receiving oil deliveries from another supplier, the contract will be cancelled, and liquidated damages as noted below will be charged. Upon expiration of this contract, the oil delivery account will remain active on automatic delivery. If an oil price protection agreement is not renewed, oil deliveries will be made at the prevailing retail rate. Patten Oil Co., Inc. provides degree-day automatic delivery of heating oil as a customer convenience only. Due to the inability of Patten Oil to know if other sources of heat exist, or in the change of thermostat settings,we are not liable for any damages caused by failure to deliver heating oil for any reason.
Program definitions: FIXED OR PRE-BUY PRICE; A fixed or pre-buy price does not change. It remains the same from the start of the contract, until the expiration date. CAPPED PRICE: A cap price program will not exceed the price cap price per gallon, but may go down if market conditions decline. The program will commence on the START DATE noted above. The program will expire on END DATE noted above. All sales are final, and are not subject to change or alteration.
Un-delivered FIXED or PRE-BUY gallons: Any un-delivered fuel remaining past the delivery term is subject to a storage fee of 20 cents per gallon.
Program Fees: All program fees are non-refundable. A LIQUIDATED DAMAGES VALUE WILL BE CHARGED TO THE PURCHASER OF FIXED OR PRE-BUY GALLONS IF THIS CONTRACT IS CANCELLED PRIOR TO THE END DATE NOTED ABOVE. LIQUIDATED DAMAGES WILL ALSO BE CHARGED FOR ANY UN-DELIVERED FIXED OR PRE-BUY CONTRACT GALLONS AFTER THE END DATE NOTED ABOVE. Liquidated damages are calculated by subtracting the total starting contract value (price per gallon X gallons purchased), from the remaining contract value (price per gallon of that program type at the time of termination X remaining undelivered gallons of contract). Example: A contract is signed for the purchase of 1,000 gallons at a fixed price of $4.00 per gallon. At the time of the purchaser's early termination, the price of oil for the same program type is $3.00 per gallon, if the remaining undelivered volume of the contract is 500 gallons, the total liquidated damages charged to the purchaser would be ($1.00 dollar per gallon X 500 gallons)= $500.00.
Telephonically executed agreements: If an agreement is executed by telephone, the customer first confirms that they have read, understand, and agree to these terms and conditions. The term, rate and cost of the program will then be confirmed over the phone, and will be telephonically recorded and time stamped. A confirmation number will be generated and a copy of the contract will then be mailed or e-mailed to the customer. The purchaser has the right to rescind a telephonic agreement in writing within 3-days of receipt of the confirmation.
IMPORTANT: THIS CONTRACT IS NOT VALID UNTIL A CONTRACT CONFIRMATION NUMBER IS GENERATED. THE CONFIRMATION NUMBER IS CREATED AND A CONFIRMATION E-MAIL IS SENT TO YOU WHEN YOU CLICK ON "SUBMIT". IF THE CONTRACT IS BEING EXECUTED OVER THE PHONE, A PATTEN OIL CO., INC. AGENT WILL READ AND RECORD THE CONFIRMATION NUMBER WHICH WILL BE INCLUDED IN A COPY THAT WILL BE MAILED OR E-MAILED TO THE PURCHASER.
Back to Open an Oil Delivery Account page