1. Scope and 12-Month Term.
This Agreement governs residential heating-oil Automatic Delivery to the Service Location. The Initial Term is twelve (12) months beginning when Supreme accepts the account for Automatic Delivery. Fixed Price, Cap, Pre-Buy, equipment service, and other special programs require a separate written agreement or addendum.
2. Automatic Scheduling.
Supreme will use commercially reasonable efforts to estimate delivery timing from available delivery history, weather/degree-day information, tank size, routing, inventory, safety information and account updates. New customers may be asked to monitor tank level and communicate usage during the first three deliveries so estimates can be calibrated. Deliveries are normally fill deliveries to a safe working level; no exact date, time, top-off, or gallon quantity is guaranteed.
3. Customer Monitoring and Storm Notice.
Automatic Delivery reduces run-out risk but is not a guarantee. Customer must reasonably monitor fuel level and promptly report material usage or access changes. Before forecasted severe weather, Customer should check the tank and, if the gauge reads approximately one-quarter (1/4) or less, promptly contact Supreme. Notice does not guarantee a pre-storm delivery.
4. Exclusivity; Annual Usage.
During the 12-month term, Supreme is the exclusive supplier of covered heating oil for the Service Location and Customer will accept commercially reasonable Automatic Deliveries. This program is intended for accounts using approximately 1,000 gallons or more annually. Supreme will not intentionally overfill a tank or force an unsafe or unnecessary delivery merely to reach a gallon target. If actual annual use is materially lower, Supreme may decline future Automatic Delivery enrollment or renewal.
5. Price, Payment and Credit-Card Fee.
Each delivery is priced at Supreme's standard Automatic Delivery price for the same heating-oil product and Service Location in effect in Supreme's pricing system on the delivery date, less any written discount. ALL FUEL INVOICES ARE DUE AND PAYABLE ON THE DATE OF DELIVERY. Customer must maintain an approved payment method. If Customer elects to pay by credit card, Supreme may charge a disclosed credit-card convenience or surcharge fee only to the extent permitted by applicable law and card-network requirements. The total credit-card price, inclusive of any permitted fee, will be disclosed before payment is completed. No fixed percentage is guaranteed by this Agreement.
6. Delivery Refusal / Unsuccessful Delivery.
A $75 Delivery Refusal charge may apply when Customer wrongfully refuses a conforming scheduled Automatic Delivery after Supreme has committed routing or dispatch resources. A $150 Unsuccessful Delivery charge may apply when an avoidable failed trip results from a Customer-controlled obstruction or condition, including an uncleared driveway or fill path when reasonably capable of being cleared, locked access, unreported fill/tank changes, or inaccurate site information. The charge does not apply solely because a public road closure or storm condition beyond Customer control prevents safe access.
7. Safe Access; Snow and Ice.
Customer will provide safe, reasonably unobstructed access to the designated fill and, where Customer controls the access, will reasonably plow/clear and sand or treat snow and ice on the driveway, private road, gate area, stairs/path and fill area. Drivers are not required to shovel, remove ice, move vehicles, or enter an area they reasonably determine is unsafe. Customer remains responsible for the tank, fill, vent, piping and gauge.
8. Severe Weather; Inaccessible Property; Emergency Supply.
Supreme may delay, reschedule or decline delivery when a road, driveway, bridge, grade, turnaround, fill path or premises cannot be safely reached by a fuel truck because of snow/ice, flooding, fallen trees, road closure, emergency restriction or similar conditions. Supreme is not responsible for a run-out to the extent caused by such conditions outside its reasonable control. Customer must monitor fuel. If Supreme cannot safely make a needed delivery, Customer may obtain a reasonable temporary quantity from another lawful heating-fuel supplier without breaching exclusivity and should notify Supreme when practicable. Customer must never place gasoline or another unapproved product in a heating-oil tank. Supreme may offer emergency, overtime or special-access delivery when feasible for a separately disclosed charge accepted in advance. Nothing waives nonwaivable liability or Supreme's responsibility for gross negligence or willful misconduct.
9. Cancellation / Will Call / Early Exit.
Customer may request cancellation or conversion to Will Call at any time; Supreme will process the request without unreasonable obstruction. Cancellation does not erase amounts already earned or any lawful, separately disclosed settlement obligation. Buying covered heating oil elsewhere, deliberately avoiding scheduled deliveries, or converting to Will Call during the 12-month term without Supreme's written approval may constitute an Early Exit, except for the limited emergency-supply exception in Section 8.
10. Sale / Move / Property Transfer.
Customer should notify Supreme as soon as practicable and preferably at least 15 days before a closing, permanent move, or long-term change of occupancy. A new owner or occupant is not automatically bound. Supreme may approve a transfer, new agreement, or written accommodation. Unpaid earned amounts remain due through the effective termination/transfer date.
11. Nonpayment; Delivery Hold.
Because all fuel invoices are due on the date of delivery, any unpaid invoice is delinquent after that date. Supreme may place the account on delivery hold, require COD or secured payment, reduce/revoke credit, or request adequate assurance as permitted by law. Automatic Delivery does not obligate Supreme to make another delivery while the account is delinquent or on lawful credit hold. Termination for nonpayment will follow any notice/cure required by applicable law.
12. Disputes; Evidence.
Customer should promptly report suspected quantity, price, tank-selection, billing or delivery issues. The amount charged for delivered fuel remains due on the delivery date unless Supreme confirms a billing adjustment or applicable law requires otherwise. Supreme may investigate using delivery tickets, truck meter data, GPS/route data, photographs, driver/dispatch notes, communications and CRM records. A requested on-site diagnostic/investigation visit is $150 when disclosed in advance, but the charge is waived if the visit confirms a Supreme delivery/billing error. No fee is imposed merely because Supreme disagrees with a complaint.
13. Records and Delivery Tickets.
Heating-oil deliveries will be measured and documented as required by applicable law. Required delivery records may be retained in paper or permitted electronic form. Customer should promptly compare the ticket/receipt with the account record and report discrepancies.
14. Supply Interruption; Force Majeure.
Supreme may reasonably delay, reduce, allocate or decline delivery because of terminal/supplier interruption, governmental order, labor disruption, cyber/communications failure, emergency or other cause beyond Supreme's reasonable control. Supreme will use commercially reasonable efforts to mitigate when practicable, but does not guarantee uninterrupted supply or a particular delivery date.
15. Entire Agreement; Changes; Electronic Acceptance.
New York law governs without waiving nonwaivable consumer rights. This Agreement and any signed written addendum are the entire agreement for Automatic Delivery. Material economic terms, credit exceptions, or special pricing may be changed or waived only in writing/electronically by an authorized Supreme representative. Electronic acceptance/signatures may be used to the extent permitted by law.
16. Post-Term Service.
At the end of the 12-month term, Supreme and Customer may continue Automatic Delivery on then-current terms or enter a new written agreement. Any covered automatic renewal or continuous-service arrangement must follow applicable disclosure, consent, notice and cancellation requirements. Fixed, Cap, or Pre-Buy pricing never renews merely because Automatic Delivery continues.