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Welcome to Smart Touch Energy ("Smart Touch") and our online website serving residential and commercial energy customers. By using our website and/or placing orders for energy products and services, you agree to our terms and conditions. Please read carefully.

Condition and Location of Fuel Storage Tanks

Accurate delivery addresses and accurate tank fill locations are vital to our dealer's ability to make safe and timely deliveries. As many 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. Smart Touch abides by a "No whistle, no delivery policy". It is in our dealer's sole discretion to determine if a delivery can be made in a safe manner. In the event that our dealer determines that a delivery cannot be made in a safe manner, you may be liable for a minimum delivery fee at the discretion of Smart Touch not to exceed $150.00.

In some jurisdictions, and as a requirement of some dealer's insurance companies, a "first delivery tank inspection" may be required. If this is the case for your delivery you will be notified and a convenient time will be arranged for the dealer to conduct your tank inspection. You must provide our dealer's representative with access to your tank for this inspection. This inspection is only required prior to the first delivery, unless conditions change for your tank or location. There is no charge for this inspection.

You are also required to provide safe and reasonable access to your tank or fill pipe at all times. This includes, but is not limited to, the following circumstances. In the event that our dealer determines that a delivery cannot be made due to unsafe or restricted access, you may be liable for a minimum delivery fee at the discretion of Smart Touch, not to exceed $150.00.

  • 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 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.

Delivery Timeframe

Smart Touch deliveries are made within 3 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 3 business days. Should such circumstances exist, Smart Touch 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 Smart Touch. Smart Touch is not responsible for any damages or other expense that should occur due to a delivery delay under these circumstances.

If Smart Touch or its delivery dealer is rendered unable, wholly or in part, by force majeure to deliver your order, the obligations of Smart Touch shall be suspended, but not longer than the continuance of the force majeure. Smart Touch 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 by Smart Touch. 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 Smart Touch. If Smart Touch is rendered unable to deliver your order, then you may cancel your order by notifying Smart Touch by phone or email and receiving confirmation of such cancellation from Smart Touch.

Please note: during the off-season schedule of our local delivery partners (March 1st through September 1st) the time frame for delivery may exceed 3 business days.

Fuel Pricing

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 Smart Touch 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.

Smart Touch uses tiered pricing brackets, based upon the quantity of your delivery that provides discounts for larger orders and deliveries. Your actual delivery quantity determines your cost per gallon. In the event that your actual delivery quantity is less than the minimum order quantity, you will be billed a higher price per gallon and may also incur a minimum delivery fee.

Automatic Deliveries

Automatic delivery customers will receive email notifications when their tank is estimated at 75%, 50%, and 33%. The customer is responsible for manually updating their tank level to ensure that the tank does not run out of fuel. Update tank level by logging into your online account. Emergency Delivery and Prime-and-Start charges may apply if tank level is not updated by customer.

Out-of-Oil Deliveries

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. 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 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. Smart Touch recommends annual service to your fuel storage tank, fuel line and burner to minimize unexpected system malfunction.

Smart Touch will not be held responsible for any issues that arise because the system is out of fuel (even if the delivery is later than the expected delivery date). This includes both one time and automatic deliveries.

Propane

Customer must own the propane tank and have the proof of ownership in order for deliveries to be made through Smart Touch Energy. Access to Property- Customer agrees that our representatives may enter your Property (even if you are not present) for the purpose of making deliveries of Propane, for gaining access to equipment into which Propane is delivered, and for any other purpose related to the Service. We may refuse to provide Service if we believe that we cannot safely make delivery due to conditions on or approaching your Property, including unsafe road conditions, dangerous animals, or locked gates. You agree to maintain the Property in a condition so that the weight of our vehicle will not damage your driveway or yard, and agree not to hold us responsible for any such damage. You agree to provide ingress and egress to the equipment. You agree not to erect structures, fences, or other improvements and not to plant or grow trees or shrubs that restrict access to the equipment.

Customers requesting and/or in need of a whole house system check must be present at time of service.

Cancelling Orders

Due to the automated and real time nature of the Smart Touch 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 Smart Touch or another fuel company, contact Smart Touch 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.

Receiving More Fuel Than Ordered

Although unusual, it may be possible that you will receive more fuel than you ordered. This situation may occur do to a mechanical meter-stop overage, a meter-stop malfunction, a delivery error, or the registration of your tank for a capacity smaller than its actual capacity. In any event, you are responsible for the fuel that you receive including any amount in excess of what you ordered. If you do receive more fuel than you ordered, you have 2 options:

  1. Smart Touch will make arrangements to remove the excess gallons from your tank at no cost to you. You will receive a metered ticket showing the number of gallons removed from your tank, or
  2. You may opt to keep the additional gallons and arrange for payment at a mutually agreeable price and payment terms.

Promotional Discount Codes

Smart Touch occasionally makes available promotional codes to customers for discounts on products and services. In order to receive credit for promotional codes, all promotional codes must be entered while placing your order. Due to the automated nature of our ordering process; credit cannot be issued if the promotional code is not entered at the time of your order. In addition, Smart Touch Energy may offer promotions through a referral program. Smart Touch Energy reserves the right to alter the terms of this program at any time.

Payment Methods and Procedures

Smart Touch provides various online payment methods including credit cards, debit cards and electronic checks. When ordering fuel, your account is charged (settled) at the time you place your order. Depending upon your order quantity, the amount charged and any credits are determined as follows:

  1. If ordering a "fill", your account is charged for the gallon capacity of your tank X the price per gallon.

When your actual delivery quantity is posted by the delivering dealer, your account is automatically credited for any overpayment. You are only charged for the amount of fuel you actually receive. You will receive a delivery ticket from the driver which shows the number of gallons delivered. In addition, once your delivery is posted by the dealer (usually the next day) 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

Smart Touch Energy 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. Smart Touch Energy 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, Smart Touch Energy shall immediately issue a credit to your credit card account in the amount of the charge.

Security, SSL Certificates and Privacy

Please review our Privacy Policy, which explains how we use your information. Smart Touch uses a variety of security measures to protect your information. The SSL certificate posted on our site is your assurance that Smart Touch has taken appropriate measures to protect your information.

In addition, Smart Touch does not store any credit card information on our website or in the Smart Touch database for your protection. Smart Touch also maintains Payment Card Industry (PCI) compliance as required by the credit card companies.

eCommunications

Smart Touch is an online e-commerce business and as such uses email and other electronic means to communicate with customers. As a user of Smart Touch 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.

Copyright

All content on this site is the property of Smart Touch, or third party providers and are protected by U.S. or international copyright law.

Disclaimer of Liability and Limitation of Liability

The Smart Touch site, content and functionality are provided to you royalty free and on an "as is" and "as available" basis. Smart Touch 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, Smart Touch disclaims all warranties, express or implied. Smart Touch does not warrant that any services provided or emails sent are free of viruses or other harmful components and Smart Touch 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.

Questions or Concerns

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@smarttouchenergy.com.

Effective Date: December 7, 2016

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