1. This service plan is available to all residential customers. The term of the plan is for a one (1) year period and will renew automatically every year unless terminated by either the customer or Company. No credit will be issued after 30 days of renewal
2. The Service Plan does not cover labor or materials to repair damage to the heating system or residence caused by the customer’s neglect including, but not limited to failure to have sufficient fuel oil in the tank, insufficient water for boiler, blown fuses or other failure of electrical system, improper thermostat settings or faulty thermostat, having heating system switches in the “OFF” position, debris build up in the air or venting systems and other causes related to the improper operations or maintenance of the heating system by the customer. Damage, repairs, or replacements of parts or components caused by acts of god, fire, flood, freezing, storm or weather conditions, power loss or surges, water damage, and fuel flow problems due to outside fuel storage are not covered by the plan.
3. Repairs or services not covered by the plan will be performed and charged to the customer at prevailing rates.
4. Hours: As a preferred customer, you will have coverage 24/7/365. Normal working hours are Monday through Friday 8:30 a.m. to 4:30 p.m. Preferred service is defined as next business day. Service provided at time other than normal business hours will be invoiced at $300 for travel and labor for the first hour of service. Any additional labor time plus parts will be invoiced at our after-hours billing rate, minus the contract discount rate. The company will not be liable for any damages arising from a delay or failure to provide service due to conditions beyond its control such as acts of god, labor disturbances or strikes, unavailability of mechanics or parts, failure or interruptions of customer’s electricity, inaccessibility of the heating system, storms, floods or other severe weather conditions, or government laws or regulations.
5. Customer agrees to release and hold Company harmless from claims related to losses, costs, or damage to personal or real property caused by fire, explosions, flood, freezing, power loss or surges, oil leakage, and premises left unattended. Customer agrees that the Company shall not be liable for any incidental, special or consequential damages incurred by customers or third parties, including environmental clean cost.
6. Payment Terms: Service plan fees under this agreement shall be due when billed. Additional emergency or maintenance is due at the time of service. In the event said charges are not paid when due, Customer agrees to pay service charge of 1.5% per month, with is an 18% annual percentage rate, and which will be charged on the average daily balance on any account past due over 30 days.
7. Amendment and Cancellation: We may amend or change the terms of this agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is for security purposes, we can implement such a change without prior notice. We may suspend or cancel this agreement at any time. Your termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination.
