.png)
Terms & Conditions
Last updated: September 17, 2026
These Terms & Conditions govern certain products, services, deliveries, programs and customer relationships with Upstate Energy. Please review them carefully.
GENERAL TERMS
These General Terms apply to fuel delivery, equipment, heating service and other products or services provided by Upstate Energy unless separate written terms apply to a particular service, program or account.
1. Customer Accounts and Information
Customers are responsible for providing accurate contact, billing, delivery and property information and for notifying Upstate Energy of changes that could affect delivery, service or billing.
Certain services, programs, payment arrangements and equipment may be subject to account approval, credit approval or additional written terms.
2. Automatic Delivery
Upstate Energy offers automatic delivery for eligible propane and heating oil customers. Automatic deliveries are scheduled using fuel-use history, degree-day calculations, tank monitoring where available, and other forecasting methods.
Customers on automatic delivery should notify Upstate Energy of changes that may materially affect fuel consumption, including changes in occupancy, heating equipment, supplemental heat sources or fuel usage. A payment method on file is preferred for automatic-delivery accounts and may be required for certain programs or account arrangements.
Automatic-delivery forecasting is an estimate and does not guarantee that a customer will never run out of fuel. Weather, changes in consumption, access conditions, equipment issues, supply interruptions and other circumstances may affect delivery.
Customers should not obtain fuel from another supplier for a tank or account being managed by Upstate Energy on automatic delivery without first notifying Upstate Energy, because outside deliveries may interfere with delivery forecasting.
3. Will Call Delivery
Will Call delivery may be available for heating oil, diesel, gasoline and other eligible fuels. Propane delivery is generally provided on an automatic-delivery basis.
During the winter heating season, Will Call customers should allow at least 72 hours for delivery. Delivery timing is subject to scheduling, weather, road conditions, product availability and safe access to the property.
Customers should request delivery before their fuel reaches a critically low level. Minimum-delivery requirements and applicable charges may apply.
4. Emergency Delivery
Upstate Energy will make reasonable efforts to respond to emergency fuel-delivery requests as promptly as circumstances permit. Emergency delivery is subject to driver availability, weather, road and property conditions, product availability and other circumstances.
Additional emergency, special-delivery or after-hours charges may apply.
5. Delivery Access and Property Conditions
Customers authorize Upstate Energy and its personnel to enter the delivery property as reasonably necessary to deliver fuel, inspect equipment, perform authorized service, and install, maintain or remove Upstate Energy-owned equipment.
Customers are responsible for providing safe and reasonable access to tanks, fill locations and equipment. Snow, ice, blocked or unsafe driveways, locked gates, animals, unsafe structures, unmarked underground utilities or other hazardous conditions may prevent delivery or service.
Upstate Energy may decline or postpone a delivery or service visit when the property, equipment or access conditions cannot reasonably be serviced safely.
Customers should identify known underground or concealed utilities, septic components, irrigation systems and other property features that could reasonably be affected by delivery, installation, service or equipment-removal activities.
6. Customer-Owned Tanks and Equipment
Customers with customer-owned propane tanks or other fuel-storage equipment are responsible for maintaining that equipment, associated piping and related components in safe condition and in compliance with applicable requirements.
Upstate Energy may inspect customer-owned equipment before initiating or continuing service and may require reasonable evidence of tank ownership before approving propane delivery to a customer-owned tank.
An inspection, delivery or acceptance of customer-owned equipment for service does not transfer ownership or ongoing maintenance responsibility to Upstate Energy.
Upstate Energy may refuse delivery to equipment that it reasonably determines cannot be safely filled or does not meet applicable requirements.
7. Upstate Energy-Owned or Leased Equipment
Propane tanks, tank monitors and other equipment furnished by Upstate Energy remain the property of Upstate Energy unless specifically sold to the customer in writing.
Company-owned or loaned equipment may be subject to minimum annual fuel usage, tank rental, equipment or other account requirements. Upstate Energy may assess an appropriate tank, equipment or minimum-use charge when fuel consumption is substantially below the level reasonably associated with the equipment provided.
When Upstate Energy-owned equipment is removed, reasonable charges for labor, fuel pump-out, transportation, rigging or other work required for removal may apply.
Customers may not sell, relocate, modify, disconnect, dispose of, or permit another fuel supplier to fill Upstate Energy-owned equipment without authorization.
8. Tank Monitors
Tank monitors supplied by Upstate Energy remain the property of Upstate Energy unless otherwise agreed in writing.
Customers are responsible for reasonable care of company-owned monitoring equipment and must allow Upstate Energy reasonable access to service, replace or remove it.
Replacement charges may apply to monitoring equipment that is lost, intentionally damaged or not returned when required.
Tank-monitor readings and alerts are tools used to assist with fuel management and should not be treated as an absolute guarantee against a runout, equipment malfunction, communication failure or delivery interruption.
9. Fuel Pricing
Fuel prices are subject to change with market conditions unless the customer is participating in an applicable written pricing program.
Unless otherwise agreed in writing, customers will be charged the applicable Upstate Energy price for the delivery or transaction.
Website prices, quoted prices and other published pricing may be updated as market conditions change. Where applicable, the price governing a delivery will be determined according to the applicable order, program or account terms.
Applicable taxes, delivery charges, minimum-delivery charges, emergency charges, regulatory charges, environmental compliance charges or other applicable charges may also apply.
10. Environmental Compliance Charge
An Environmental Compliance Charge may be assessed on fuel deliveries. This charge helps offset a portion of Upstate Energy's costs associated with environmental, safety and regulatory compliance, including requirements relating to fuel handling, workplace safety, emergency preparedness and environmental protection.
The Environmental Compliance Charge is not represented as a government-imposed tax or fee unless specifically identified as such.
11. Payment Terms
Residential invoices are generally due within 10 days unless different terms are stated on the invoice, account documentation or applicable program terms.
Commercial accounts may have different payment terms established by Upstate Energy.
Upstate Energy may require payment in advance, a payment method on file or other payment arrangements based on the account, service requested, credit considerations or applicable program.
Past-due balances may be subject to applicable finance charges, late charges and collection costs to the extent permitted by law.
Returned or rejected payments may be subject to a charge reflecting the fee imposed on Upstate Energy by its financial institution and other reasonable costs associated with the returned payment.
12. Credit-Card Payments
A surcharge may apply to eligible credit-card transactions where permitted by law. Any applicable surcharge will be disclosed and assessed in accordance with applicable requirements.
Other payment methods may be available without a credit-card surcharge.
13. Credit and Account Status
Fuel deliveries, services, equipment arrangements and payment terms may be subject to credit approval where applicable.
If an account becomes past due or Upstate Energy determines that different payment arrangements are reasonably necessary, Upstate Energy may require payment in advance, a payment method on file or other payment arrangements before providing additional non-emergency deliveries or services, subject to applicable law.
14. Service and Repair
Customers are responsible for parts, labor and other applicable charges for heating service or repair work that is not covered by an applicable Service Plan, manufacturer warranty or other written agreement.
Diagnostic, shop, disposal, materials or other applicable charges may apply when disclosed or appropriate to the work performed.
Quotes and estimates are based on the information reasonably available at the time they are provided. Additional problems, parts or work discovered during diagnosis or repair may affect the final cost, subject to customer authorization where required.
15. Service Plans
Upstate Energy Service Plans are subject to the terms, conditions, coverage limits, exclusions and other provisions contained in the applicable Service Plan agreement or enrollment form.
Automatic delivery is required for participation in the Service Plan.
In the event of a conflict between these general Terms & Conditions and the applicable Service Plan agreement, the Service Plan agreement will control with respect to Service Plan coverage and benefits.
16. Safety and Environmental Responsibility
Fuel storage, delivery and fuel-burning equipment involve safety and environmental considerations.
Customers are responsible for maintaining customer-owned tanks, piping and related equipment in safe condition and for promptly reporting known or suspected leaks, damage or unsafe conditions.
Upstate Energy may suspend or decline delivery or service when it reasonably believes that a condition presents a safety, environmental or regulatory concern.
Customers should follow applicable safety instructions and immediately leave the area and contact appropriate emergency services and Upstate Energy when a fuel leak or other dangerous condition is suspected.
17. Environmental Responsibility for Customer-Owned Systems
Unless otherwise required by law, customers are responsible for the installation, maintenance, repair, replacement and removal of customer-owned fuel-storage systems and associated equipment.
Customers are also responsible for environmental conditions arising from customer-owned equipment except to the extent responsibility is legally attributable to Upstate Energy.
Nothing in these Terms is intended to relieve Upstate Energy of responsibility that cannot lawfully be waived or limited.
18. Communications
Upstate Energy may contact customers regarding deliveries, service appointments, account activity, billing, collections, safety information and other matters related to the customer relationship using contact information provided by the customer.
Marketing communications may be subject to separate consent and opt-out rights as required by applicable law.
Customers may continue to receive transactional, account, safety, billing or service-related communications where appropriate even after opting out of marketing communications.
19. Online Requests and Third-Party Services
Certain customer account, ordering and payment functions may be provided through third-party platforms, including Droplet. Use of those services may also be subject to the applicable provider's terms and privacy practices.
Submitting an online fuel order, service request, customer application or other form does not by itself guarantee delivery, service availability, scheduling, pricing or account approval.
Customers are responsible for reviewing information entered into online forms and portals for accuracy before submission.
20. Collection of Past-Due Accounts
If an unpaid account is referred to a collection agency or attorney, the customer may be responsible for reasonable collection costs, attorney fees and court costs to the extent permitted by applicable law.
Acceptance of a late or partial payment does not necessarily waive Upstate Energy's right to collect the remaining balance or enforce applicable account terms.
21. Circumstances Beyond Our Control
Upstate Energy will make reasonable efforts to provide deliveries and services as scheduled, but circumstances outside our reasonable control may prevent or delay performance.
Such circumstances may include severe weather, unsafe road or property conditions, fire, flood, utility interruption, product or material shortages, reduced fuel allocations, transportation interruptions, labor disruptions, governmental actions, emergencies, acts of God or other circumstances reasonably beyond Upstate Energy's control.
Upstate Energy will not be responsible for delays or inability to perform resulting from such circumstances to the extent permitted by applicable law.
22. Limitation of Liability
To the extent permitted by applicable law, Upstate Energy will not be responsible for losses or damages resulting from circumstances reasonably beyond its control or from conditions for which the customer or another party is responsible.
Customers are responsible for changes in fuel consumption, maintaining customer-owned equipment, providing safe access, scheduling necessary maintenance and notifying Upstate Energy of conditions that could materially affect delivery or service.
To the extent permitted by applicable law, Upstate Energy will not be liable for indirect, incidental, special or consequential damages arising from a delay, interruption, failure of customer-owned equipment, change in fuel consumption, inaccessible property, unsafe condition or other circumstance for which Upstate Energy is not legally responsible.
Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.
23. Insurance and Subrogation
To the extent permitted by law and applicable insurance policies, the customer and Upstate Energy agree that insured losses should be addressed through the applicable insurance coverage before recovery is sought against the other party.
Any waiver of subrogation or similar insurance-related right will apply only to the extent permitted by applicable law and the applicable insurance policy.
24. Changes to General Terms
Upstate Energy may update these Terms & Conditions to reflect changes in services, programs, charges, technology, business practices or applicable requirements.
Material changes will be communicated when required by applicable law. The current version of these Terms & Conditions will be available at www.upstate-energy.com.
Changes to these general website Terms do not override separately signed agreements where those agreements expressly provide different terms.
25. Severability
If any provision of these Terms & Conditions is determined by a court or other authority with appropriate jurisdiction to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
26. No Waiver
A failure or delay by Upstate Energy in exercising a right under these Terms does not necessarily waive that right or prevent Upstate Energy from exercising it later.
27. Governing Law
These Terms & Conditions are governed by applicable federal law and the laws of the State of New York.
TERMS OF PRICE PLANS
The following terms apply to Upstate Energy Pre-Buy, Price Cap, Budget Billing and other fuel-pricing or payment programs, as applicable.
Individual programs may have additional terms provided when a customer enrolls. If program-specific written terms differ from these general Price Plan terms, the program-specific written terms will control.
1. Eligibility
Eligibility for Price Plans is determined by Upstate Energy and may be subject to account status, automatic-delivery enrollment, payment requirements and other program-specific conditions.
Customers participating in an applicable Price Plan must remain on automatic delivery unless otherwise stated in the applicable program terms.
2. Program Period and Fuel Quantity
The applicable program period, fuel quantity, price, payment schedule, fees and other program-specific terms will be provided when the customer enrolls.
Terms may vary by program and enrollment period.
3. Automatic Delivery
Fuel deliveries under applicable Price Plans will be scheduled by Upstate Energy according to normal automatic-delivery procedures.
Upstate Energy is not required to make an unnecessary delivery or top off a tank solely to exhaust remaining gallons, credits or program benefits before a program period ends.
4. After a Price Plan Ends
When a Price Plan expires, the applicable program gallons have been delivered, or participation otherwise ends, automatic delivery may continue at Upstate Energy's applicable price for subsequent deliveries unless the customer makes other arrangements with Upstate Energy.
5. Pre-Buy
Pre-Buy purchases are nonrefundable.
Fuel purchased through a Pre-Buy program will be delivered according to Upstate Energy's normal automatic-delivery scheduling and the program terms established when the customer enrolls.
If a Pre-Buy customer has an unused eligible balance at the conclusion of the applicable program period, the remaining value may be applied to future fuel purchases as an account credit based on Upstate Energy's applicable retail price at the time of delivery, subject to the applicable Pre-Buy program terms.
6. Budget Billing
Budget Billing is intended to spread estimated fuel costs over scheduled payments and does not establish a fixed fuel price unless expressly stated in writing.
Customers must keep required Budget Billing payments current. Past-due accounts may be subject to applicable charges and may become ineligible for continued participation in the program.
Budget amounts may be reviewed and adjusted when appropriate based on actual fuel usage, account balance, fuel prices or other relevant account conditions.
7. Price Cap and Other Pricing Programs
Price Cap and other pricing programs are subject to the specific pricing method, program period, applicable fees and other conditions disclosed when the customer enrolls.
Participation in a pricing program does not guarantee a particular quantity of fuel consumption or delivery schedule unless expressly stated in the applicable program terms.
8. Early Termination or Loss of Eligibility
Certain Price Plans may include an early-termination fee or other consequences if the customer cancels the program, discontinues required automatic delivery, fails to maintain required payments or otherwise becomes ineligible before the end of the applicable program period.
Any applicable fee or consequence will be governed by the terms provided for that particular program.
9. Service Plans Are Separate
Price Plans and Service Plans are separate programs.
Participation in a Price Plan does not include heating-system service or Service Plan coverage unless specifically stated in writing.
WEBSITE USE
The information on the Upstate Energy website is provided for general informational and customer-service purposes. While Upstate Energy makes reasonable efforts to keep website information accurate and current, website content may be updated or changed.
Website information does not replace the specific terms of a customer account, fuel-pricing program, Service Plan, written quote, equipment agreement or other separately executed agreement.
Unauthorized attempts to interfere with the operation or security of the website, access restricted systems, misuse forms or services, or use website content unlawfully are prohibited.
Upstate Energy names, logos, graphics and other proprietary website materials may not be reproduced or used without authorization except as permitted by law.
THIRD-PARTY LINKS
The Upstate Energy website may contain links to third-party websites, customer portals, payment services, social networks or other services.
Upstate Energy does not control third-party websites or their availability, content, privacy practices or terms. Customers should review the applicable terms and privacy policies when using third-party services.
PRIVACY
Use of the Upstate Energy website is also subject to the Upstate Energy Privacy Policy. The Privacy Policy explains how information may be collected, used and shared in connection with the website, forms, online services, analytics and advertising technologies.
CONTACT US
Questions about these Terms & Conditions may be directed to:
Upstate Energy
1950 Route 32
Modena, NY 12548
Phone: 845-255-5747
Email: info@upstate-energy.com
Website: www.upstate-energy.com