pay for extra kerosene not ordered?

What is the name of your state? Pennsylvania
I ordered 150 gallons of home heating kerosene from a fuel company last October.
When the delivery was done, the driver told me he accidentally put 300 gallons in the tank, instead of the 150 I ordered.
I mailed the company a check for the 150 gallons I ordered, since I was not prepared to pay the approximately $800 for the amount they actually delivered.

I believe it was not an accident, but that they wanted to save themselves a trip if I ordered more later.
They have billed me for the extra kerosene, with late fees, but I have not paid yet.

I would like to tell them that they can either remove the excess kerosene from my tank [probably impractical] or wait until March for their payment,
without penalty( when I might normally re-order, if the 150 gallons did not get me through the cold weather).

What are my rights in this situation? Must I pay on a timely basis for the extra kerosene I did not order?
Am I even legally bound to pay for the extra kerosene at all?

Thank you,
amsingerWhat is the name of your state?

How long after the delivery did you discover the problem? If your rejection was seasonable, I'd say the UCC would apply:

§ 2-601. Buyer's Rights on Improper Delivery.
Subject to the provisions of this Article on breach in installment contracts (Section 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may

(a) reject the whole; or
(b) accept the whole; or
(c) accept any commercial unit or units and reject the rest.

Be sure to LOCK your tank fill neck until this is sorted.

If you plan on living there another winter , or cooler weather requiring heat , you could write them a letter RRR Certified ( keeping a copy ) and the receipt of delivery .

You could state you will not accept liability for their mistake .

You could offer to pay then in monthly payments until paid without penalties such as late fees , etc .

If the decline and insist on payment , or payment with penalty , contact your local Attorney General's Office of consumer Affairs , and file a complaint .

Yeah , lock the cap .

Note: It's only the first part of Jan. I'd think you'd use more than 150 between now and warmer weather .

thank you

Please excuse my belated reply. Thank you for your advice.

amsinger