PROTECTION OF CONSUMERS AGAINST CARELESS AND ERRONEOUS BILLINGS
(as provided by chapter 860, Sect. 1 Chapter 93C of Act of 1971)
If you believe that any amount shown as owing on the enclosed statement is in error, please notify the Company promptly in writing, specifying the amount you dispute and your reason for believing it to be erroneous. By Massachusetts law, the Company is required to acknowledge your notice within 14 days after receiving it and if further information is needed, to request it in writing within 30 days. The Company is also required to correct the amount or send you a written explanation why it is correct as stated within at most 120days after receiving your notice. If information is required, adjustment must be made within 60 days. If information is requested from you, the 60 days will be extended by the time required to obtain the information from you. If Information is required from a third party, adjustment must be made within 90 days excluding the time to obtain the information.
RETAIL CREDIT AGREEMENT
PURCHASES: We deliver, subject to availability, fuel oil at our established price, which is determined at the time of delivery. Deliveries will be made to you at the address shown on this agreement, on an automatic delivery basis, unless otherwise noted on this agreement, according to a Weather Controlled Degree Day System. A meter printed delivery ticket will be left or mailed at the above address each time a delivery is made. You agree to accept each delivery and to pay the full amount of heating oil on each delivery ticket at our established price within 30 days from the delivery date.
EQUIPMENT SERVICE CHARGES: If you maintain a service contract with us, or you elect to skip coverage of our service contract and you require service call, repairs or maintenance, which are not covered under the service contract, you may be charged for the service contract, service calls, repairs or maintenance to your account. If you do so require these services, you agree to pay the full amount due within 30 days from the time you are charged for the service contract, service calls, repairs or maintenance.
DEFAULT AND COLLECTIONS: You will be in default if you do not pay a balance on time, file for bankruptcy or make an assignment for the benefit of creditors. Default means we can demand immediate payment of the full balance due. If we refer collection of the balance to a lawyer, collection agency or district court, you will be responsible for all attorney, agency or court related costs and/or fees.
CANCELLATION: We or you can cancel your account at any time on a 30 days written notice. You agree to remain responsible for payment of all remaining balances or potential delivery, service or purchase charges made before the 30 days period expires. We also retain the right to cancel your account without notice if you fail to make payments on time.
LIABILITY: We are not responsible for any direct or indirect damage or loss caused by failure to make delivery due to labor shortage, strikes, or to any conditions beyond our control. In the event of DEFAULT, and we do not deliver oil or perform service repairs as a result of DEFAULT, we will not be liable for any damages in either direct or indirect manner.
AMENDMENT OR CHANGES: We can change this agreement including payment terms, finance charges and the periodic rate, at any time, provided we give you at least 30 days’ notice, before the beginning of the billing period in which the change becomes effective.
A DELIVERY INVOICE WILL BE GENERATED AND SENT TO YOU THE DAY AFTER OIL HAS BEEN DELIVERED. A SERVICE INVOICE WILL BE GENERATED AND SENT TO YOU AS A RECORD OF PARTS REPLACED, WORK PERFORMED AND BALANCE DUE. A STATEMENT WILL BE GENERATED AND SENT TO YOU ON A MONTHLY BASIS IF AN OPEN BALANCE EXISTS. THERE WILL BE A FINANCE CHARGE COMPUTED ON BALANCES EXISTING AFTER THIRTY (30) DAYS FROM THE CLOSING DATE. THE PERIODIC RATE OF FINANCE CHARGE IS 1½% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18%. FINANCE CHARGES MAY BE AVOIDED BY PAYING THE “NEW BALANCE” BEFORE THE BILLING DATE OF THE NEXT MONTH.
A STATEMENT WILL BE GENERATED AND SENT TO YOU ON A MONTHLY BASIS AS RECORD OF TRANSACTIONS AND FOR BILLING PURPOSES. A SERVICE INVOICE WILL BE GENERATED AND SENT TO YOU AS A RECORD OF PARTS REPLACED OR WORK PERFORMED. NO FINANCE CHARGE WHEN PAYMENTS ARE MADE IN ACCORDANCE WITH BUDGET TERMS.