Is a customer liable for paying for an unwanted heating oil delivery?
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Is a customer liable for paying for an unwanted heating oil delivery?
We called our oil company to request they take us off automatic delivery and off monthly budget while exploring options to either switch to another company or convert to gas. They acknowledged request, said they would call before delivering any more oil. They said we weren’t due for another delivery until next month. Decided to convert to gas and made arrangements about 10 days ago; a day after returning from a trip. They delivered oil anyway after leaving 2 messages requesting a call back. We never returned calls since we weren’t home. They refuse to remove oil. Do I need to pay for oil?
Asked on October 21, 2011 under General Practice, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, if it is their error--they either intentionally delivered oil, knowing you did not want it, trying too trick or force you into paying for it; or they negligently (carelessly) delivered it when you'd provided notice you did want it--then not only would you not need to pay for the oil, but they have to pay to remove it. (Note: you can't keep the oil and resell it to someone; if you do that, you'll make yourself liable to pay for it.)
If the fault was yours, then you may be liable for the oil. The issue could be the facts then: if they said they would call before delivering and they tried to call but you did not respond, depending on the exact circumstances, that may mean that you are responsible for the oil--the arrangement may have been that they would call to confirm delivery, but would go ahead if you did not object. So exactly what was said, the exact arrangement or agreement left in place after you contacted them to take you off automatic delivery, and the exact timeline will determine responsibility.
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