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Service Contract Terms & Conditions

1. PARTIES - in these terms and conditions, the words we, us, our and ours mean Seller or Seller's authorized representative. The words you, your and yours mean each and every buyer.
2. SERVICE - We will provide service (including parts and labor) as set forth on our service brochure and the front of this Agreement and subject to these terms and conditions. Our acceptance of this Agreement is subject to equipment conditions at the time of the first service call.
3. EXCLUSIONS - THIS AGREEMENT DOES NOT COVER SERVICE REQUIRED FOR INSUFFICIENT HOT WATER DUE TO SEDIMENT OR CORROSION. PARTS ARE NOT COVERED IF THEY ARE OBSOLETE OR INACCESSIBLE. WE WILL BILL YOU FOR REPAIRS OR SERVICE NOT COVERED BY THIS AGREEMENT AT OUR PREVAILING RATES IN EFFECT AT THE TIME SERVICE IS RENDERED.
4. CONDITIONS OF COVERAGE - THIS AGREEMENT IS AVAILABLE ONLY TO OUR AUTOMATIC DELIVERY CUSTOMERS WHO PURCHASE ALL OF THEIR FUEL OIL REQUIREMENTS FROM US FOR RESIDENTIAL OIL HEATING EQUIPMENT WITH A MAXIMUM FIRING RATE OF 2.5 GALLONS PER HOUR.
5. YOUR RESPONSIBILITIES - YOU ARE RESPONSIBLE FOR THE FOLLOWING ITEMS, WHICH ARE NOT COVERED BY THIS AGREEMENT: VENTING AIR FROM THE HEATING SYSTEM; FLUSHING THE LOW WATER CUTOFF; MAINTAINING AN ADEQUATE WATER LEVEL IN THE BOILER; PROVIDING ADEQUATE BOILER ROOM VENTILATION FOR PROPER COMBUSTION; PROPERLY REMOVING ASBESTOS CONTAINING MATERIALS; CHANGES IN FUEL OIL CONSUMPTION; MAINTAINING CLEAN AIR FILTERS; DRAINING THE EXPANSION TANK; REPLACING FUSES; RESETTING CIRCUIT BREAKERS; TURNING ON THE EMERGENCY SWITCH; SETTING THERMOSTAT TEMPERATURE OR CLOCKS; REPLACING BATTERIES IN SYSTEM DEVICES; MAINTAINING THE CONDITION OF THE CHIMNEY; FUEL OIL TANK, OIL LINES, AND PIPING; AND SCHEDULING SERVICE CALLS AND TUNE-UPS. YOU ARE RESPONSIBLE FOR PROVIDING ADVANCE NOTICE OF THE REPLACEMENT OR MOVEMENT OF ANY HEATING EQUIPMENT INCLUDING THE FUEL OIL OIL TANK AND FILL PIPE.
6. Billing - You will receive an invoice (an "Invoice") with your Agreement. The Invoice amount is due in full upon receipt. If the Invoice is not paid in full, we will send you a statement ("Statement") showing all amounts due (which may also include amounts due for fuel oil deliveries). We will charge you at $20.00 fee for all returned checks.
7. When a late fee will be added - If we do not receive full payment of your Invoice by 30 days from the Invoice date, you must pay a late fee. The late fee will appear on your next Statement. We compute the late fee based on a periodic rate of 1.5% per month, which is an ANNUAL PERCENTAAGE RATE of 18% with a minimum late fee of $.50. We will figure out the late fee using the Adjusted Balance Method. In no event will the late fees be more than the law allows.
8. Collection Costs - You agree to pay, in addition to your balance, all costs of collection as permitted by law, including without limitation, reasonable attorneys' fees and court costs.
9. Irregular payment and delay in enforcement - We can accept late payments, partial payments or payments marked "payment in full" without losing any of our rights under this Agreement. We can also delay enforcing any of our rights under this Agreement without losing any of our rights under this Agreement.
10. Limits of liability - We will not be responsible for loss or damages due to or resulting from; changes in oil consumption; improper operation of an attic fan or alternate fuel device; your failure to schedule service and or tune-ups; acts of God; terrorism; strikes; riots; material or labor shortages; fire; flood; hurricane; power interruption or loss; accidents; governmental acts; abuse or misuse of equipment; spontaneous part failer; insufficient water; frozen or jelled oil lines; or any other conditions beyond our reasonable control, including a vacant, unattended or unoccupied premises (in the Agreement, the term "vacant or unattended premises" shall mean premises at which no adult occupant is present for at least twenty-four (24) consecutive hours). TO THE MAXIMUM EXTENT PERMITTED BY LAW, we will have no liability for direct or indirect, special or consequential damages of any kind. We are not responsible for secondary damage as a result of a delay in rendering service. To the extent any warranty exists, our liability for any warranty claim will be limited, per permitted by law, to the repair or replacement of defective parts or service provided under this Agreement. Any and all action, whether based in contract or tort whether for personal injury or property damage, and whether brought by Buyer or Buyer's insurance company, must be commenced within on year of the cause of action or shall be barred as a matter of law. IN NO EVENT SHALL OUR LIABILITY TO YOU OR OTHERS UNDER THIS AGREEMENT OR OTHERWISE EXCEED $1,000 INCLUDING ANY LIABILITY UNDER SECTION 11.
11. Fuel tank, oil piping and environmental liability disclaimer - under no circumstances are we obligated to repair or replace a tank, oil lines and or piping. You are responsible for the condition and maintenance of the fuel tank, oil lines and piping. We assume no liability for same. This Agreement does not insure against tank or oil line leakage or any damages to persons or property resulting from tank or oil line leakage. This Agreement does not cover any installation, cleanup, removal, remedial, or other costs of compliance with any environment or other laws, rules or regulations. We are not liable to render any service for which we are not licensed. WE WILL NOT BE RESPONSIBLE FOR BODILY INJURY. A DECREASE IN PROPERTY VALUE OR PROPERTY DAMANGE ARISING OUT OF THE DISPOSAL, DISCHARGE, DISPERSAL, RELEASE OR ESCAPE OF OIL OR OTHER PETROLEUM SUBSTANCES OR DERIVITIVES INTO OR UPON YOUR PROPERTY, SURROUNDING PROPERTY, THE ATMOSPHERE OR ANY WATER COURSE OR BODY OF WATER UNLESS DIRECTLY AND SOLELY CAUSED BY OUR NEGLIGENCE.
12. Waiver of subrogation rights - both Buyer and Seller do hereby mutually waive, any and all rights of subrogation and or recovery, against each other, including our officers, members, agents and employees, occurring on or arising out of this Agreement, the delivery of heating oil and any system service or repair at your premises to the extent such loss or damage is covered by proceeds, received from casualty, homeowners or other insurance carrier by the other party. The party sustaining such loss shall have no right of recovery against the other party, or the agents, servants, contractors or employees of the other party; and no third party, including but not limited to any insurance carrier, shall have any right of recovery) whether based in tort, contract or otherwise) by way of subrogation or assignment or otherwise.
13. No warranties - UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT PURPOSES OF SPECIFICATIONS ARE DESCRIBED HEREIN. NO WARRANTY IS MADE AS TO THE ABILITY OF THE SYSTEM TO SUPPLY HEAT OR HOT WATER AS REQUIRED BY YOU.
14. Cancellation by you - you may cancel this Agreement at any time on 30-days written notice. You agree to remain responsible for all purchases made and/or services rendered before the 30-day period expires and for all collection costs. You understand and acknowledge that the service fee paid for this Agreement is not refundable.
15. Cancellation by us - we can suspend service under or terminate this Agreement with or without notice and without further responsibility if: you fail to purchase all of your fuel oil requirements from us; you fail to make a payment on time or if we deem your payment is unsatisfactory; you file for bankruptcy; you fail to remedy conditions identified as a hazard to life or property; you permit any person other than our authorized representatives to service your equipment; you temporarily or permanently suspend an oil delivery; if equipment becomes outdated and parts are not readily available; if your annual fuel oil consumption drops below 600 gallons per year and/or you fail to comply with your obligations under this Agreement.
16. Term - the term of this Agreement is 12 months. For each 12 months thereafter, you will receive an Invoice for the annual cost of the Agreement, as determined by us and disclosed on your invoice. If you do not pay the Invoice in full within 30 days of the date of the invoice, this Agreement will be considered expired as the expiry date and you will be billed for all services we perform at our prevailing rates in effect at the time service is rendered. We can change the terms of this Agreement each subsequent 12 month term, provided we give you 30 days (90 in New Jersey) written notice before the period in which the change becomes effective or billing takes place.
17. Severability - if a court or regulatory agency of competent jurisdiction holds any providing of this Agreement to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
18. Entire Agreement - we and you agree that this written Agreement along with the Service Brochure constitute the entire Agreement. Any statements not contained in this Agreement or the Service Brochure are not part of this Agreement. To the extent that the terms of this Agreement and Service Brochure are inconsistent, this Agreement shall control