Terms, Conditions & Customer Responsibilities
The J.M. Walsh Oil Co., Inc. (Company) Terms, Conditions & Customer Responsibilities become immediately effective upon receipt of account approval and this document (Guidelines). Acceptance of fuel deliveries, service or installation of equipment by J.M. Walsh Oil Co., Inc. shall also constitute acceptance of these Guidelines. These Guidelines supersede any previous agreements between J.M. Walsh Oil Co., Inc and the Customer.
These Guidelines cannot be modified by the customer unless submitted in writing and accepted by an authorized representative of the Company. They may be modified by the company without notice.
Please call our office to obtain a copy of the most recent Terms, Conditions & Customer responsibilities.
Company will exercise reasonable best efforts to deliver fuel during normal business hours to customers on a Will Call or Automatic Schedule, as requested by the Customer. A service charge may apply to deliveries outside of normal business hours. This includes run-outs due to non-payment and failure of automatic delivery customers to notify company of a change in usage.
Rates and Charges
Customer agrees to pay J.M. Walsh Oil Co., Inc.’s current rates and charges in effect at the time fuel is delivered or service is rendered. The price per gallon for fuel delivered shall be the established retail price in effect on the date of delivery. The price per gallon of fuel will be posted on the delivery ticket provided to Customer. J.M. Walsh Oil Co., Inc. reserves the right to change rates and charges from time to time without notice.
All fuel charges are due and payable, at the discounted price, within seven (7) days of the date imprinted on the delivery slip. After 7 days. the price increases by 0.30 cents per gallon. Service charges are due and payable within thirty (30) days of service rendered. Installations are scheduled upon receipt of a 50% deposit and due and payable in full upon completion.
Automatic delivery is based on a calculation using the weather/outdoor temperature and the use pattern of the customer. The size of your home, location and other heat sources are considered, then our computer system tracks the last 3 deliveries and weather to “flag" customers who are ready for their next delivery. While this system is very accurate, it cannot determine unforeseeable fluctuations in use. We always suggest that you also keep an eye on the level of oil in the tank and let us know if you may be using more than expected. An illness, a new family member, visitors and construction can all change the amount of oil that you use. It is ultimately your responsibility to check the tank and ensure that you have an adequate supply of fuel.
Will Call Delivery
Will Call delivery means that we do not track consumption or schedule your next delivery. It will be your responsibility to monitor the fuel in your tank and request a delivery. The best time to call and schedule a delivery is when the gauge reads between ¼ and ½ full. Please give us 48 hours' notice for weekday deliveries. There is a 100-gallon minimum delivery, 150 for Green Energy customers. A chargeable service call could result in the event of a run-out outside of business hours.
Company makes a reasonable effort to initially and then periodically visually inspect accessible above ground oil tanks. Visual inspections assess the condition of the tank at the time of inspection and do not predict the tank’s condition in the future. Since tank conditions may change, as the owner with ongoing access, it is the Customer’s responsibility to monitor the tank for wear and tear and/or leaks and notify the Company immediately.
J.M. Walsh Oil Co., Inc. makes every effort to deliver fuel in a timely and safe manner. It is the responsibility of the Customer to ensure there is safe access to the property at all times. Driveways and paths to, and surrounding, the fill pipe should be clear and free of obstructions, shrubs, snow, ice or debris.
Smart Oil GaugeTM Tank Monitoring
This remote monitoring system is intended for indoor use and the Smart Oil Gauge requires a WiFi connection to relay readings to both the app and, if opted into, J.M. Walsh Oil’s internal tracking dashboard. It is the customers’ responsibility to track and report any disruption of electrical or WiFi services that would prevent your Smart Oil Gauge reading to be transmitted. This includes replacing batteries in the unit as needed. In the event of such an interruption, the customer is responsible to ensure that you have an adequate supply of heating oil even with automatic delivery services. J.M. Walsh Oil Co. accepts no liability for damages to premises or equipment due to an oil run out or inaccurate readings. J.M. Walsh Oil Co accepts no liability for damages or issues related to the installation of the Smart Oil Gauge by the customer or any third-party. Any issues with the Smart Oil Gauge app or warranty questions should be directed to the Smart Oil Gauge company. If the Customer chooses the optional internal tracking system, there is a standard annual fee. This fee is not prorated should the Customer no longer want to be linked to the internal tracking dashboard or discontinue services with the Company. The Smart Oil Gauge itself is not returned to J.M. Walsh Oil Co in either circumstance.
Unoccupied/Vacant Primary Residence or Rental Property
J.M. Walsh Oil Co., Inc. will not be responsible for any loss, damage or injury due to, or resulting from, the failure of any heating system or fuel run-out in a property that the Customer has left unoccupied or vacant for any period of time. The Customer is responsible for monitoring the operation of the heating system on a day-to-day basis and notifying Company of any problem which arises. If the property is unoccupied or vacant, the Customer is responsible for making arrangements for daily monitoring and that there is an adequate amount of fuel in the tank even if the Customer is on automatic delivery.
Seasonal or Second Home
Since occupancy is inconsistent in seasonal and second homes, temperature and fuel monitoring is the responsibility of the Customer even if on automatic delivery. A heating system can breakdown for a variety of reasons and fuel consumption is difficult for the Company to monitor on automatic delivery. The Customer is required to arrange for daily monitoring of their property to make certain the heating equipment is operating properly, that the tank has adequate fuel and that there is safe access. J.M. Walsh Oil Co., Inc. will not be responsible for any loss, damage or injury due to, or resulting from, the failure of any heating system or run-out in a seasonal or second home.
Release and Waiver of Subrogation
Company and Customer will each look to its own insurance for recovery of any loss and 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.
J.M. Walsh Oil Co., Inc. shall not be held liable if prevented from performing any of its obligations due to cause beyond its reasonable control including, but not limited to obstructions, acts of God, or government, fires, floods, droughts, snow emergencies, earthquakes, wars, acts of terrorism, rots, labor disputes, delays in transportation, embargoes, or shortages of product.
This agreement may be terminated at any time if either side fails to meet the terms and conditions of this agreement or if it is determined that a threat to health or safety exist. Either party may also terminate this relationship at any time with written notice. If Customer’s account is terminated by either party, then company will no longer be responsible for making fuel deliveries or providing service of any kind to Customer. Service plans will become null and void and will be canceled as of the date of termination and are not totally or partially refundable. If account is terminated, by either party, Customer is responsible for all amounts owed to Company.
By phone number: (978) 283-4815
By mail: J.M. Walsh Oil Company, Inc. 6 Cleveland Place Gloucester, MA 01930