Tank Safety Terms & Conditions
Tank Safety TERMS AND CONDITIONS
Welcome to Heatable® and our online website and mobile application serving residential and commercial energy customers. By using our website or app and/or placing orders for energy products and services, you agree to our terms and conditions. Please read carefully these terms and conditions for doing business with Heatable®.
As used in these terms and conditions, "Heatable®" means Dead River Company, LLC, its affiliates, managers, directors, shareholders agents and assigns.
Condition and Location of Fuel Storage Tanks
Accurate delivery addresses and accurate tank fill locations are vital to Heatable’s ability to make safe and timely deliveries. As heating fuels represent environmental, combustion or explosive hazards, it is your responsibility to provide accurate physical delivery location information, including complete address, nearest cross-street and directions from the closest major intersection. Additional building identification is useful such as the color of the building or other identifying features. It is your responsibility to provide accurate location information for the tank and the fill pipe for the tank. If multiple tanks are located at the same location, all tanks must be registered and uniquely identified as to the tank locations and fill pipe locations.
All fuel storage tanks and associated piping must be in safe operating condition and installed in compliance with all local building codes and regulations. Fuel tank "vent alarms" or "whistles" must be in proper operating condition. Heatable® abides by a "No whistle, no delivery policy". It is in our driver’s sole discretion to determine if a delivery can be made in a safe manner.
Outside Tank Deliveries
- Clear snow and ice from roadways and driveways to allow safe access.
- Clear snow and ice from all walkway or paths to the fill location.
- Clear snow and ice from fill location.
- Clearly mark in-ground fill locations, especially during winter weather.
- All trees and shrubbery around fill locations must be reasonably trimmed.
- All vehicles or obstructions must be removed from on top of in-ground fill locations.
- Driver must have ready access to fill locations, unobstructed by locked gates, fences and other barriers.
- Fill locations cannot be located under decks or stairs if access is restricted.
- All pets and animals must be removed and restricted from the area of the fill location.
It is your responsibility to purchase and add an antigel heating oil additive to your outside tank to prevent waxing, clouding, or gelling. Heating oil will cease to flow when exposed to below freezing winter temperatures. Specifically, heating oil waxing, clouding, or gelling begins to occur at 16 degrees Fahrenheit. Waxing, clouding, or gelling of heating oil in either your tank, filter, or oil line will prevent the burner on your heating system from working and will require a qualified heating oil service technician to cure the waxing, clouding, or gelling and restart your burner. Heatable® is not responsible and shall not be liable for any damages or other expenses that occur due to heating oil being delivered to your outside tank.
Heatable® deliveries are typically made within 2-5 business days under normal weather and operational conditions. A business day is defined as Monday through Friday, excluding national holidays. It is possible, although unusual, that weather or operational circumstances may delay a delivery beyond 5 business days of the schedule day. Should such circumstances exist, Heatable® will use its best efforts to alert you to such circumstances at the time of order, or as soon after placing your order as those circumstances are made know to Heatable®. Heatable® is not responsible for any damages or other expense that should occur due to a delivery delay under these circumstances.
If Heatable® is rendered unable, wholly or in part, by force majeure to deliver your order, the obligations of Heatable® shall be suspended, but not longer than the continuance of the force majeure. Heatable® shall use all reasonable diligence to remove the force majeure as quickly as possible. The requirements that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes, lockouts, or other labor difficulty. The term "force majeure" shall mean an Act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, blackout, governmental restraint, unavailability of fuel, and any other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably within the control of Heatable®. If Heatable® is rendered unable to deliver your order, then you may cancel your order by notifying Heatable® by phone or email and receiving confirmation of such cancellation from Heatable®.
The price for your energy product or service is fixed at the time you place your order and receive your order confirmation. Because fuel is a commodity, the price may go up or down at any time and the HEATABLE® retail price for fuel and other energy services may change prior to the time you receive your delivery. Your effective price shall be the price posted at the time you place your order and listed on your order confirmation.
Minimum Delivery Guidelines
HEATABLE® does reserve the right to set minimum delivery requirements (in gallons). During periods where HEATABLE® enacts this right, a "Delivery Charge" may be applied to orders below the stated threshold and the customer will have the opportunity to opt to pay this fee or increase the ordered to the minimum volume.
You agree that allowing your fuel tank to run out of oil or to reach a level where fuel does not flow to your oil burner or other appliance, can create an unsafe condition and/or cause your system to malfunction. HEATABLE® is not responsible for any such condition and disclaims any liability. In the event that such a condition occurs, it may be necessary for you to arrange a Prime- and-Start service, or arrange a service call from a qualified heating contractor in order to restore your system to normal operating condition. HEATABLE® does not offer such services.
In order to avoid a system malfunction if you are low on fuel, or out-of-fuel, it may be helpful for you to turn off your system prior to delivery and do not turn your system on for at least 30 minutes after your delivery is complete. This practice helps to prevent any particulates or other contaminates that may be in the bottom of your tank from being drawn into your fuel filter, strainer or nozzle. HEATABLE® recommends annual service to your fuel storage tank, fuel line and burner to minimize unexpected system malfunction.
Due to the automated and real time nature of the HEATABLE® order and delivery process, we are unable to cancel orders once the order is confirmed, except as a result of force majeure (see Delivery Timeframe). Should you inadvertently place more than one order with HEATABLE® or another fuel company, contact HEATABLE® immediately by phone or email. Multiple deliveries to the same tank can cause an unsafe condition and could result in an accidental fuel release resulting in environmental contamination or an otherwise hazardous situation.
Payment Methods and Procedures
Heatable® provides various online payment methods including credit cards and debit cards. When ordering fuel, your card is authorized for the full amount of the order (gallons ordered x price per gallon) upon checkout. If you order a “fill” then Heatable® will authorize your card for the total usable gallons of your tank. If you do not know your tank size, Heatable® will use the available gallons for a 275 gallon tank.
Upon confirmation of actual gallons delivered, your order will be "settled" to your card. The actual charge to your credit card will never exceed the authorized amount and in some instances will be less should the actual delivered amount be less than the amount ordered. In situations where actual delivery quantity exceeds the ordered gallon volume, the overage amount will be handled as described above.
All Heatable® deliveries are accompanied by a delivery ticket from the driver which shows the actual number of gallons delivered. In addition, once your delivery is officially posted to Heatable® you will receive an email delivery notification which contains all details of your order, including your actual cost for the fuel delivered. On rare occasions, Heatable® will accept cash, but only when hand-delivered to our office. Our drivers are not permitted to accept cash.
No Responsibility to Sell Mispriced Products or Services
Heatable® shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Heatable® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Heatable® shall immediately issue a credit to your credit card account in the amount of the charge.
Security, SSL Certificates and Privacy
In addition, Heatable® does not store any credit card information on our website, app or in the Heatable® database for your protection. Heatable® also maintains Payment Card Industry (PCI) compliance as required by the credit card companies.
Heatable® is an online e-commerce business and as such uses email and other electronic means to communicate with customers. As a user of Heatable® you agree to maintain an active and deliverable email address in your profile and agree to receive communications from us electronically. Standard eCommunications include such notices as order confirmations, scheduled delivery notifications, and delivery confirmations. In addition, you may opt to receive other eCommunications such as newsletters, promotional offers and similar, but are not required to do so.
Heatable® is owned and operated by Dead River Company, LLC, its affiliates, managers, directors, shareholders agents and assigns. All content on this site is the property of Dead River Company, LLC or third-party providers and is protected by U.S. or international copyright law.
Disclaimer of Liability and Limitation of Liability
You hereby assume liability for, and release Heatable®, its affiliates, successors, assigns, employees, agents, and directors (“Us”) from any liability and agree to indemnify and hold Us and our representatives, agents and contractors harmless from and against any and all liabilities, claims, damages, costs and expenses of any kind or nature, including arising from or in connection the delivery, storage or use of the heating oil delivered in connection with your order.
HEATABLE® AND ITS PARENT COMPANY, REPRESENTATIVES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH ALLEGED DAMAGES ARE BASED ON TORT, CONTRACT, WARRANTY, INDEMNITY, STRICT LIABLITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN INCONSISTENCY BETWEEN THIS LIMITATION OF LIABILITY AND ANY OTHER PROVISION OR DOCUMENTS, THIS PROVISION SHALL PREVAIL.
The Heatable® site, content and functionality are provided to you royalty free and on an "as is" and "as available" basis. Heatable® makes no representations or warranties, express or implied, as to the operation of the site or the content or functionality provided. By using the site, you agree that your use is at your sole risk. To the fullest extent permissible by law, Heatable® disclaims all warranties, express or implied. Heatable® does not warrant that any services provided or emails sent are free of viruses or other harmful components and Heatable® is not liable for damages of any type arising from the use of the site. Certain state laws do not allow limitations and if these laws apply, you may have additional rights.
Waiver of Subrogation
We each agree to waive any and all rights of subrogation and/or recovery, against each other and each other’s insurance company, to claim any loss or damage resulting from delivery of oil or under the terms of this agreement to the extent such loss or damage is covered by each of our own insurance.
Questions or Concerns
If you have any questions, complaints, or claims with respect to the Services, you may contact us at [email protected]
or by calling us at (888) 338-4477
The Heatable Team