TERMS AND CONDITIONS

PAYMENT for the Service Agreement is due within 30 days after we bill your account.  If payment is not made when due, we may, at our option, terminate this Service Agreement and charge the customer for all parts and labor already provided in the performance of this Service Agreement.

LENGTH OF COVERAGE  This Service Agreement is for a period of one year from the date it is billed to your account.  For your protection , this plan will automatically renew at the end of the 12 months unless specifically terminated by either party.  The Plan’s coverage, terms and price may be subject to change  from year to year.

LIMITED REFUND This Service Agreement is non-refundable and is not offered on a pro-rated basis. However, at our discretion, it may be refunded if canceled with 30 days providing no parts or service have been rendered to you under the Agreement. This Agreement may be transferred upon approval of the Company. You must purchase a minimum of 400 gallons of oil yearly for this Service Agreement to remain in force.

CANCELLATION of the Service Agreement may be made by either party at any time.  We request you give us written notice.  Our written notice to you will explain the specifics as to why the Agreement has been canceled.  If we agree to perform services for you while your Service Agreement has been canceled, you agree to pay our normal charges for parts and labor rendered for those services.

INSPECTION Service Agreements can be issued only to those heating systems in good operating condition.  Upon inspection of your equipment, service coverage may be suspended or canceled if your system is in poor or unsafe condition.  If you authorize us to repair or upgrade your heating system for coverage under the Service Agreement, we will charge you regular prices for parts and labor.  If major repairs are necessary, we can, at your request, provide a written quotation.

ANNUAL MAINTENANCE  We will make every effort to contact you to arrange a convenient time to perform the annual maintenance on or about the effective date of the last annual service.  It shall be your ultimate responsibility to arrange for this important maintenance.  Your right to this annual maintenance expires at the termination date of this Service Agreement.  There shall be no carryovers into either subsequent years or any rebate given for calls not performed.

NORMAL BUSINESS HOURS ARE 8 A.M.-4:30 P.M., Monday through Friday except for major holidays.

All Services will be performed as soon as feasible under normal conditions subject to any delays or other inability to perform caused by or due to prior calls, acts of God or the public enemy, war, terrorism, floods, fire, strikes, transportation difficulties, or other causes beyond our direct control.  In no event shall we be liable for any consequential damages or injury.  We will not be responsible for resulting damages caused by unattended or unoccupied homes or buildings or the inability to deliver fuel oil or service equipment through normal means due to impassable driveways or obstructed fuel oil storage tank fill locations.

When we deem it necessary, due to hazardous conditions or the customers’ health & well being, immediate non-contract repairs may be made.  After the work has been rendered to our satisfaction, the customer will be notified of the cost involved and if any further work is required.

We will not be liable for repair or replacement of obsolete or discontinued parts.  These parts will be replaced with modern equipment and billed to the customer at normal retail prices for material and labor.

We will assume no responsibility for any equipment serviced by any other party.  The Service Agreement will be considered null & void if any of the customers fuel oil needs are provided by outside parties, or should the location cease to be an active fuel oil customer.

It is your obligation to provide proper ventilation to your oil burner for clean, safe & proper combustion.  We also advise you to have the chimney(s) inspected and cleaned as needed to provide adequate draft.  We will not assume responsibility for resulting damages from defects, obstructions, soot or other related chimney problems.

This Agreement does not cover fuel oil storage tanks, oil lines, associated piping, valves & fittings, or the loss of fuel, damages or clean-up. (See our storage tank & environmental protection plans).

STATEMENT OF LIMITED LIABILITY

This Service Agreement is not a warranty or guarantee that your heating system will operate without defect or failure.  The Agreement provides only for the repair and replacement of similar parts or those specific covered parts, which fail or become defective from ordinary use.  We reserve the right to determine the replacement parts or systems to be installed and covered by this Service Agreement.  By the purchase of this Agreement, you explicitly agree that we may be held liable for only the value of the goods or service provided by the Agreement purchased, and that we will not be liable for any incidental or consequential damages whosoever.  You further agree to be bound by our terms and conditions.  Verbal agreements, representations or understandings with sales representatives, service technicians or dispatch personnel regarding our Agreement will not be binding on us unless set forth in this document.