Residential Terms & Conditions
Updated August 2026
1.Limitation of Liability and Purchaser Responsibilities
2. This Agreement ("Agreement") is specifically for [Residential Customer] hereinafter referred to as "CUSTOMER", and DW dba DWP doing business as DBA DWP, hereinafter referred to as DW. Please read these agreement terms carefully as they contain important information regarding your rights and obligations, and DW
2.1. Customer
2.1.1. CUSTOMER agrees DW will not be liable for non-delivery of fuel or any damage resulting from inadequate supply for any reason beyond its control.
2.1.2. Including without limitation related to product shortage, strikes, work stoppages/slowdowns & adverse weather conditions).
2.1.3. In no event shall DW be liable for indirect, special, punitive, or consequential, lost profit or lost revenue damages on account of the non-delivery of fuel.
2.1.4. CUSTOMER agrees DW will have no obligation to deliver fuel when CUSTOMER account has a past due balance beyond 30 days.
2.1.5. CUSTOMER agrees that DW will not be liable in the event CUSTOMER fails to notify DW of the times and dates the [Dwelling] will be vacant for any period, or of any factor that will alter historical fuel consumption rates
2.1.6. CUSTOMER understands if CUSTOMER utilizes wood stoves or other sources of heat other than oil, an interruption of such use (i.e., mid-winter vacation and/or discontinued use of wood or supplemental heating sources) can result in a sudden change in consumption without reasonable notice to DW.
3. Delivery Site Access Requirements
3.1. The customer must ensure adequate ingress and egress at the delivery location for DW to safely complete the delivery.
3.2. Gates must be unlocked before arrival, or DW must be provided with keys or access codes in advance.
3.3. DW’s truck hose must reach the tank fill point without obstruction, and each tank must allow level monitoring before and during filling.
3.4. If access is inadequate, the driver cannot verify the tank level, or the delivery pathway is unclean or obstructed; DW has no obligation to deliver to the customer’s location.
3.5. DW has no obligation to deliver to the CUSTOMER location during temporary service interruptions or force majeure events, including floods, fire, utility outages, snow, icy conditions, or any other condition that prevents safe access to the fill location.
3.6. CUSTOMER agrees that DW is not liable or responsible for unsafe site conditions that may pose a risk to the driver, delivery truck, personal property, or the environment.
3.6.1. CUSTOMER is responsible for property damage and driveway-surface recovery if the driveway is not adequately maintained to support a fully loaded fuel truck weighing up to 70,000 pounds.
3.6.2. CUSTOMER is responsible for maintaining its heating system, including all related tank storage, piping, metering, and monitoring equipment. CUSTOMER agrees to indemnify and hold DW harmless from any equipment failure arising from damage to, or lack of maintenance of, the CUSTOMER fuel storage system.
3.6.3. CUSTOMER agrees that DW is not liable for leaks, spills, overfills, water intrusion, property damage, or other fuel-storage-system issues beyond DW’s reasonable control, unless caused by DW’s negligence. This includes issues resulting from improper design, installation, modification, or alteration of the fuel storage system by the customer.
4. Severability
4.1. This Agreement shall continue so long as Customer continues to purchase goods and/or services from DW but may be terminated by DW at its sole discretion without giving notice to Customer.
5. Governing Law
5.1. This Agreement shall be construed and enforced in accordance with the laws of State of Alaska. Each party hereby submits to the exclusive personal jurisdiction of any state or federal court sitting in Anchorage, Alaska, in any action or proceeding brought to enforce or otherwise arising out of or relating to this Agreement.
6. Payment Terms and Conditions
6.1. Accepted methods of payment
6.1.1. Credit Card
6.1.1.1. DW accepts Visa, MasterCard, Discovery or, American Express credit cards.
6.1.2. Automated Clearing House (ACH) Debit Payments
6.1.2.1. Bank account number, type of account (checking or savings) and routing number is required to process ACH Payments.
6.1.3. Debit Card Payments
6.1.4. Check Payment
6.1.4.1. Customers with approved credit terms may pay by check by the due invoice date.
6.1.4.2. Please make checks or money orders payable in U.S. Funds to DELTA WESTERN, LLC, and send them to PO BOX 94356, SEATTLE, WA 98124-6656. CUSTOMER agrees to pay each invoice in accordance with its terms. A $25.00 fee applies for each returned check due to a closed account, stopped payment, or insufficient funds.
6.1.5. Virtual Card Payments
6.1.5.1. Treated the same as a credit card. Customers need to consult with the issuing bank to identify any payment restrictions.
6.1.6. Auto Pay Terms
6.1.6.1. Customer will receive an electronic invoice by email after the delivery unless requested to have the invoice sent by regular mail or have a printed ticket placed on the door handle. The payment method on file will be charged the amount listed on the invoice at the time the invoice is created.
6.1.6.2. If DW fails to charge a valid payment method on file, any finance charges stemming from the failure will be removed from CUSTOMER account.
6.1.6.3. If charges to CUSTOMER’S credit card are declined, [DW,] will contact Customer to arrange an alternate payment method. If CUSTOMER is unreachable or fails to arrange alternate payment, account will undergo standard credit procedures for non-payment.
6.1.6.4. If credit card number changes for any reason, including lost or stolen credit cards, CUSTOMER will promptly notify DW of the new account information.
6.1.6.5. When there are two payment methods listed in the account, the customer must inform DW of their primary payment method.
6.1.6.6. If CUSTOMER fails to provide this information prior to the due date and DW is unable to process payment, CUSTOMER will be responsible for an alternate payment arrangement and any finance charges, which may result.
6.1.7. Fees
6.1.7.1. Past Due Accounts / Invoices
6.1.7.1.1. DW may impose a service charge of 1.5% per month on any unpaid balance. DW may place all delinquent accounts on prepay, or C.O.D. terms, or have all shipments held at DW’s discretion. If CUSTOMER fails to pay any amount when due, including service charges, CUSTOMER agrees to pay all costs or expenses, including reasonable attorney fees incurred by DW in the collection of past due accounts, or in otherwise enforcing this agreement by litigation or otherwise. The parties agree that all disputes with respect to this agreement shall be subject to the exclusive jurisdiction and venue of the Anchorage Superior Court for the State of Alaska. This Agreement shall be construed in accordance with the laws of the State of Alaska, without regard to its principles of conflicts of law. If any provision or section of these terms and conditions is declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions or sections shall remain unaffected.
6.1.7.2. Surcharge Fees
6.1.7.2.1. ACH Payments: (no additional fee) Automated Clearing House payments from your bank account.
6.1.7.2.2. Debit Card:(no additional fee) direct debit from your bank account.
6.1.7.2.3. Credit Card: Credit card transactions are subject to a 3% processing fee. This fee covers credit card processing costs for all payment methods (online using the pay portal, phone, card on file).
7. Credit Terms (Applies to Credit CUSTOMER Only)
8. Billing Terms
8.1. Standard billing terms are Net 30 days on accounts approved for open line of credit, unless otherwise stated. The terms, policies, or conditions of sale specified by the customer in any purchase order are superseded by the terms and agreements outlined in this document. Should outstanding charges owed by Customer to DW exceed the credit limit, the balance of the account more than the credit limit shall be immediately due and payable, and Customer shall thereafter be required to pay all charges owed to DW more than the credit limit prior to delivery of further goods and/or services to Customer. No additional credit will be extended to the Customer until the outstanding balance owed to DW is reduced within the authorized credit limit, and the Customer is fully compliant with the terms of this Agreement.
9. Notice of Changes
9.1. It is the responsibility of the CUSTOMER to promptly provide DW prior notice of any move or change in ownership of the property.
9.2. CUSTOMER agrees to promptly notify DW of any changes in the billing address or physical delivery address and contact information prior to such a change.
9.3. The customer may change service offerings by providing notification to DW by phone, email or written notice. The customer acknowledges financial responsibility for deliveries that may have been dispatched prior to receiving the notification.
9.4. The Customer acknowledges financial responsibility of the account will remain with the account originator until notification is provided to DW and the account has no balance.
10. Termination
10.1. In the event CUSTOMER wishes to terminate service with DW, CUSTOMER agrees to notify DW. Notifications can be sent by phone call, email or regular mail. Notice of any cancellation shall only be effective when received by DW and confirmed by DW. The customer is required to pay any outstanding balances on the account and make payment for all fuel delivered up to and including the day the notice of cancellation is received by DW.1