Delivery and Tank Inspection Terms & Conditions
For the purposes of these terms and conditions, “fuel” refers to distillate products and propane.
Welcome to Ayer & Goss and our online website and services– serving residential and commercial energy customers. By using our website and any of its functionality, you agree to our terms and conditions. Please read carefully these terms and conditions for doing business with Ayer & Goss.
Ayer & Goss Defined
As used in these terms and conditions, Ayer & Goss is a subsidiary of Dead River Company, LLC.
Condition and Location of Fuel Storage Tanks
Accurate delivery addresses and accurate tank fill or propane placement locations are vital to Ayer & Goss' 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/or 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/or 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. Ayer & Goss 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.
- 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.
Outside Heating Oil Tank Deliveries
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. Ayer & Goss 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.
Ayer & Goss 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, Ayer & Goss 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 known to Ayer & Goss. Ayer & Goss is not responsible for any damages or other expense that should occur due to a delivery delay under these circumstances.
If Ayer & Goss is rendered unable, wholly or in part, by force majeure to deliver your order, the obligations of Ayer & Goss shall be suspended, but not longer than the continuance of the force majeure. Ayer & Goss 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 Ayer & Goss. If Ayer & Goss is rendered unable to deliver your order, then you may cancel your order by notifying Ayer & Goss by phone or email and receiving confirmation of such cancellation from Ayer & Goss.
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 Ayer & Goss 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
Ayer & Goss does reserve the right to set minimum delivery requirements (in gallons). During periods where Ayer & Goss 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 order to the minimum volume.
As a will call customer, who has selected to take responsibility for monitoring fuel/tank gauge and contacting Ayer & Goss to schedule a delivery, you agree that allowing your fuel tank to run out of fuel or to reach a level where fuel does not flow to your burner or other appliance, can create an unsafe condition and/or cause your system to malfunction. Ayer & Goss 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.
In order to avoid a system malfunction if you are low on heating oil/kerosene, or out-of-heating oil/kerosene, 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. Ayer & Goss recommends annual service to your heating oil/kerosene storage tank, fuel line and burner to minimize unexpected system malfunction.
In the event there’s an interruption of service, federal regulations require a leak check be performed. A leak check requires a walk through of the structure to identify all appliances that use propane for fuel, uncapped or unplugged lines, as well as any unsafe conditions or appliances.
In the event of a propane runout, if we arrive and the propane tank is shut off, or has little or no pressure, the propane tank will be locked out, and you will need to contact the office to schedule a leak check for which we will need access or you will need to be present for.
Due to the automated and real time nature of the Ayer & Goss 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 Ayer & Goss or another fuel company, contact Ayer & Goss 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
Ayer & Goss 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 Ayer & Goss will authorize your card for the total usable gallons of your 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 Ayer & Goss 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 Ayer & Goss you will receive an email delivery notification which contains all details of your order, including your actual cost for the fuel delivered.
No Responsibility to Sell Mispriced Products or Services
Ayer & Goss 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. Ayer & Goss 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, Ayer & Goss shall immediately issue a credit to your credit card account in the amount of the charge.