26- 239 C.M.R. ch. 100, § 3

Current through 2024-44, October 30, 2024

Section 239-100-3 - All Established Customers Receive Dealer's Offered Services

A dealer may not discriminate unfairly among his established customers in the following areas:

A. heating oil sales, including requests for immediate service, or additional charges for deliveries of oil below the minimum delivery requirement or unscheduled deliveries; and

B. oil burner installation and service.

For the purpose of this rule, an "established customer" of a dealer includes any person whose last two heating oil purchases were made from the dealer.

Comment

This rule sets out the principle that all established customers are entitled to equal service. For example, a person can insure emergency service or repair to his oil burner by becoming an established customer of a dealer who provides these services to his customers.

This rule does allow the dealer to adopt such practices as surcharging for unscheduled deliveries if it is the established buyer's fault the tank went dry but not surcharging if it is the dealer's fault.

Since 100.4 requires service for any cash customer, any person can become an "established customer" by making two cash purchases in a row from the same dealer.

26- 239 C.M.R. ch. 100, § 3