Although we had a contract for automatic oil delivery, while we were away we ran out of oil and were then charged for repairs of frozen pipes.For several years now we have had contracted services with D.F. Richard Energy for automatic delivery of home heating oil for our home.
Because we do not occupy the house on a full time basis we had in place a guaranteed automatic delivery service with D.F. Richard Energy. This winter due to failure to deliver oil prior to the tank running out, several pipes froze in our home. On Saturday Feb. 8, 2014 no one was at home when D.F. Richard delivered 265.4 gal of home heating oil; this amount exceeds our listed oil tank capacity, indicating a previously empty tank. On Tuesday evening Feb. 11 when we discovered that the heating system was not in operation, D. F. Richard was contacted and they made arrangements to restart the burner only to discover that 2 zones in the house were frozen. Plumbing repairs were arranged for and requested directly by D.F. Richard and were completed on two separate days at the house. In conversations with D.F. Richard we made it clear that we considered it their contractual and financial responsibility to arrange for and make repairs as these were necessitated by failure to deliver oil as promised. On February 18, 2014 we received and paid a bill dated 2/8/14 for the 265.4 gal delivery of oil delivered. On Wednesday February 19, 2014 D. F. Richard contacted us by phone and said they wanted to send us an invoice for the repairs. We did not accept their offer to receive the bill and reiterated that we felt that the financial responsibility for the repairs belonged to D.F. Richard Energy. The gentleman from D.F. Richard suggested that I should claim the repair costs on my home owner's insurance and my insurance company would contact D.F. Richard's lawyers. I explained that as we were not at fault for the late delivery of oil, the burden of the repair cost was theirs and not our responsibility, and hence not something we were willing to make a claim for on our insurance; we would prefer they utilized whatever insurance arrangements that D.F. Richard might have available to them. A bill dated Feb. 13, 2014 for $1,085.76 to repair frozen pipes was sent to us for payment.
On March 25, 2014 we called D.F. Richard Energy. We explained that we would be happy to continue contracted service with D.F. Richard for automatic delivery of oil but were NOT willing to accept financial responsibility for the service charges now billed to our account and further stated that if D.F. Richard were not willing to assume responsibility for the damage and repairs as a result of their late delivery of oil in fulfillment of their contract for automatic delivery and protection effected by such contract, we would then take our business elsewhere. We asked that our message be relayed to the office manager. I gave her a phone number to reach me at either the same day before 11 am or the following day, but did not receive a return call. On April 3, 2014 we sent a certified letter to D.F. Richard stating that we did not assume financial responsibility for damage to our home caused by breach of contract for automatic delivery; in that same letter we discontinued our contract with D.F. Richard for automatic oil delivery service.
D.F. Richard continues to bill us including additional finance charges for the heating system repairs and has now contacted a collection agency for payment of the outstanding repair balance; we have disputed that in writing. It is our opinion that we are not financially responsible for the cost of repairs ordered and arranged for directly by D.F. Richard to our heating system which were caused by failure to provide timely automatic delivery of home heating oil.
Although we had a contract for automatic oil delivery, while we were away we ran out of oil and were then charged for repairs of frozen pipes.For several years now we have had contracted services with D.F. Richard Energy for automatic delivery of home heating oil for our home.
Because we do not occupy the house on a full time basis we had in place a guaranteed automatic delivery service with D.F. Richard Energy. This winter due to failure to deliver oil prior to the tank running out, several pipes froze in our home. On Saturday Feb. 8, 2014 no one was at home when D.F. Richard delivered 265.4 gal of home heating oil; this amount exceeds our listed oil tank capacity, indicating a previously empty tank. On Tuesday evening Feb. 11 when we discovered that the heating system was not in operation, D. F. Richard was contacted and they made arrangements to restart the burner only to discover that 2 zones in the house were frozen. Plumbing repairs were arranged for and requested directly by D.F. Richard and were completed on two separate days at the house. In conversations with D.F. Richard we made it clear that we considered it their contractual and financial responsibility to arrange for and make repairs as these were necessitated by failure to deliver oil as promised. On February 18, 2014 we received and paid a bill dated 2/8/14 for the 265.4 gal delivery of oil delivered. On Wednesday February 19, 2014 D. F. Richard contacted us by phone and said they wanted to send us an invoice for the repairs. We did not accept their offer to receive the bill and reiterated that we felt that the financial responsibility for the repairs belonged to D.F. Richard Energy. The gentleman from D.F. Richard suggested that I should claim the repair costs on my home owner's insurance and my insurance company would contact D.F. Richard's lawyers. I explained that as we were not at fault for the late delivery of oil, the burden of the repair cost was theirs and not our responsibility, and hence not something we were willing to make a claim for on our insurance; we would prefer they utilized whatever insurance arrangements that D.F. Richard might have available to them. A bill dated Feb. 13, 2014 for $1,085.76 to repair frozen pipes was sent to us for payment.
On March 25, 2014 we called D.F. Richard Energy. We explained that we would be happy to continue contracted service with D.F. Richard for automatic delivery of oil but were NOT willing to accept financial responsibility for the service charges now billed to our account and further stated that if D.F. Richard were not willing to assume responsibility for the damage and repairs as a result of their late delivery of oil in fulfillment of their contract for automatic delivery and protection effected by such contract, we would then take our business elsewhere. We asked that our message be relayed to the office manager. I gave her a phone number to reach me at either the same day before 11 am or the following day, but did not receive a return call. On April 3, 2014 we sent a certified letter to D.F. Richard stating that we did not assume financial responsibility for damage to our home caused by breach of contract for automatic delivery; in that same letter we discontinued our contract with D.F. Richard for automatic oil delivery service.
D.F. Richard continues to bill us including additional finance charges for the heating system repairs and has now contacted a collection agency for payment of the outstanding repair balance; we have disputed that in writing. It is our opinion that we are not financially responsible for the cost of repairs ordered and arranged for directly by D.F. Richard to our heating system which were caused by failure to provide timely automatic delivery of home heating oil.