Terms & Conditions

OPPURE OIL, LLC

Internet Sales and Delivery of Heating Oil Agreement

Terms and Conditions

PLEASE READ OUR SPECIFIC TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.   USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. BY ORDERING FROM THIS SITE, YOU ARE ENTERING INTO AN AGREEMENT WITH OPPURE OIL, LLC; A MASSACHUSETTS LIMITED LIABILITY  CORPORATION WITH A MAILING ADDRESS OF 300 High Street Winchendon, MA 01475.

THESE TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, ESTABLISHING LIMITATIONS ON LIABILITY OF OPPURE OIL, LLC. THESE TERMS BECOME EFFECTIVE, UPON YOUR CLICKING THE “COMPLETE ORDER” BUTTON TO SUBMIT YOUR ELECTRONIC ORDER.  THIS IS YOUR ACCEPTANCE.

Conditions of Ordering and Delivery of Oil:   

1. Oppure Oil, LLC does not accept emergency or “same day” orders at this time.

2. Oppure Oil, LLC office hours are – Summer: Monday – Friday 8:00 AM – 3:00 PM. Spring and Fall: Monday – Friday 8:00 AM – 5:00 PM. Winter: Monday – Friday 7:00 AM – 5:00 PM Saturday’s 8:00 AM – 12:00 PM eastern standard time. Offices are closed on all federal holidays and weekends.
3. Oppure is not responsible for a delay or failure to perform our obligations under these Terms if there is an event beyond our control, including without limitation any of the following types of events: fuel or labor shortage, an interruption in deliveries from our suppliers, embargoes, strikes, riots, war, terrorism, accidents, disorders, acts of God, or acts of any type by any governmental authority. In each and every case, we have the right either to cancel or to postpone any delivery without any liability whatsoever.
4. Please review your order before clicking “Complete Order.” By clicking “Complete Order” you agree that you have reviewed your order and all information, including quantity and delivery address are correct. We cannot return or remove heating oil once it has been delivered.
5. Do not click “Complete Order” more than once. If you think there may have been a problem with your order, please contact us before attempting to re-order. Clicking “Complete Order” more than once may result in a double charge to your credit card.
6. Your credit card will be charged immediately upon clicking “Complete Order”. You will be charged for the number of gallons ordered @ the price quoted at the time of order.
7. If your tank does not accept all ordered gallons, you may be entitled to a refund or account credit. If you are owed a refund, we credit your Oppure Oil account for future purchases if you do not wish to have your Oppure Oil account credited, a refund will be made to your credit card upon written request.

Customer responsible for Oil System Issues

Customer represents and warrants to Oppure Oil, LLC, the following:

1. The oil storage tank and associated piping (including oil lines) belong to you, or the property owner. As such, Oppure Oil neither assumes nor accepts any responsibility for this equipment or its maintenance. Remediation requirements resulting from spills, leaks or overfills due to the malfunction of this equipment are the sole responsibility of the tank owner.
2. You agree that Oppure Oil LLC may inspect your oil storage tank(s) fill and vent piping system whenever we see fit.
3. Oppure requires all oil storage tanks to be equipped with overfill protection, including the installation of an oil level vent alarm system at your expense.
4. Oppure accept no responsibility and Oppure will not be held liable for damages that may result from a heating failure, regardless of cause. Frozen oil lines, sludge or heating equipment failures remain your responsibility. By clicking “Complete Order”, you are representing that your fuel oil tank(s), and all connected piping and components are free of leaks, are functioning properly, and are in compliance with all Federal, State and Local Codes.
5. If you have more than one petroleum storage tank located anywhere on your property (either in active use or inactive), it is your responsibility to clearly label each tank to prevent accidental fuel delivery to an incorrect storage tank. Oppure is not responsible for deliveries to incorrect tanks when tanks are not appropriately labeled, and Oppure has not been notified in writing that multiple tanks are located on the property.

LIMITATION OF LIABILITY

IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY, ITS EMPLOYEES AND SUBCONTRACTORS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

THESE LIMITATIONS OF LIABILITY SHALL PREVAIL OVER ANY CONFLICTING OR INCONSISTENT PROVISION CONTAINED IN ANY ITEM OR DOCUMENT, WHICH COMPRISES THE AGREEMENT BETWEEN OPPURE OIL AND YOU. THE REMEDIES PROVIDED IN THESE TERMS ARE EXCLUSIVE.

WAIVER OF SUBROGATION

We both agree to waive any and all rights of subrogation and or recovery, against each other, related to loss or damage as a result of these terms or the delivery of heating oil, to the extent any loss or damage is covered by your or our insurance. If either of us have loss or damage that is covered by our own insurance, we have no right of recovery against each other, and our insurance carrier has no right of recovery by way of subrogation or assignment or otherwise.

MISCELLANEOUS

1. If you experience a problem with a fuel oil delivery, you should call 800-359-4802 and describe the problem to an Oppure Oil, LLC customer service representative. Alternatively, if you wish to put your comments in writing, your letter should be addressed to Oppure Oil, LLC 300 High Street Winchendon, MA 01475 or email your comments to info@oppureoil.com.
2. NOTE TO COMMERCIAL CUSTOMERS: Your heating oil purchases may be subject to various taxes; therefore www.oppureoil.com is a service for residential customers only. Commercial accounts are handled directly with Oppure Oil, LLC and not the www.oppureoil.com website. Please contact us at 800-359-4802 to set up your commercial account. In all events, taxes remain your responsibility and you will reimburse us if we are asked to pay them on your behalf.
3. UNSAFE CONDITIONS: If, at our sole discretion, Oppure determines for reasons of safety, either in equipment or site conditions, that Oppure cannot make the delivery, Oppure has the right to cancel or to postpone any delivery without any liability whatsoever.

PRIVACY NOTICE

This privacy notice discloses the privacy practices for www.oppureoil.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:

1. What personally identifiable information is collected from you through the website, how it is used, and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures are in place to protect against the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

Oppure are the sole owners of the information collected on this site. Oppure only has access to/collect information that you voluntarily give us via email or other direct contact from you. Oppure will not sell or rent this information to anyone. Oppure will use your information to respond to you, regarding the reason you contacted Oppure. Oppure will not share your information with any third party outside of our organization. Oppure may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control over Information

You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data Oppure has about you, if any.
• Change/correct any data Oppure has about you.
• Have Oppure delete any data Oppure has about you.
• Express any concern you have about our use of your data.

Security

Oppure takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever Oppure collects sensitive information (such as credit card data), that information is encrypted and transmitted in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. While Oppure uses encryption to protect sensitive information transmitted online, Oppure also protects your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Applications

Oppure requests information from you on our application form. To open an account with us, you must provide contact information (like name and address) and financial information (like credit card number, expiration date). This information is used for credit approval.

Cookies

Oppure uses “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Links

This website contains links to other sites. Please be aware that Oppure is not responsible for the content or privacy practices of such other sites. Oppure encourages our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

If you feel that Oppure is not abiding by this privacy policy, you should contact us immediately via telephone at 800-359-4802 or via email.