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Terms & Conditions
RED CARPET SERVICE PLAN AND FREEZE PROTECTION PLAN
Please read the provisions below to clearly understand your service plan coverage qualifications and exclusions.
PARTS EXCLUDED FROM SERVICE PLAN: While our service plan is extensive, it does not cover everything that might go wrong with your heating system. No plan does. Only parts listed in this brochure are covered, and no other parts are covered, whether or not they are specifically excluded.
QUALIFICATIONS FOR COVERAGE UNDER PLAN: The plan selected will become effective only upon acceptance by our Service Department. Additionally, if after a plan has commenced, it is determined that any of the customer’s equipment is outdated or obsolete, coverage will cease after notification to the Customer. Additionally, the plan will cease to be enforced if the oil used in the equipment covered by the plan is supplied by any oil supplier other than the Company or if payments for oil or service are not made in accordance with our regular credit terms. All prices for oil or service are subject to change without notice.
RESIDENTIAL EQUIPMENT ONLY: The plans described in this brochure are designed for home heating equipment only. Service work performed in commercial or industrial properties, or in non-owner occupied properties, is billed on a time and material basis.
OIL TANKS AND OIL LINES EXCLUDED: Inspection and servicing of oil tanks, and excavation of any tanks, are specifically excluded from all plans. Inspection, servicing and excavation of oil lines are also excluded. NONE OF OUR PLANS INSURE OR GUARANTEE AGAINST OIL TANK OR OIL LINE LEAKAGE, AND THE COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SUCH LEAKAGE, AND AGREES TO IDEMNIFY AND HOLD THE COMPANY HARMLESS AGAINST ALL LIABILITY FOR DAMAGES TO PERSON OR PROPERTY ARISING FROM SUCH LEAKAGE. Tank pumping, cleaning and removal of water or sludge in tanks are also excluded, as are oil line freeze-ups.
CUSTOMER NEGLIGENCE AND RESPONSIBILITIES UNDER SERVICE PLAN: The Customer is required to provide the Company with safe and reasonable access to the premises and heating equipment to be repaired. It is the homeowner’s responsibility to contact the Company to schedule an annual tune-up under the service plan, and to notify the Company when a service problem or routine cleaning, maintenance or repair is required. The Customer is responsible for monitoring the operation of the heating sysfem on a day-to-day basis and notifying the Company of any malfunction or other problem which arises; as well as any noticeable changes in fuel consumption and the Company shall not be liable or responsible for any loss, damage or injury arising in whole or in part as a result of the customer leaving the premises vacant or unattended, inadequate boiler room ventilation or proper combustion, or otherwise failing to comply with the foregoing responsibilities. The plan does not cover “needless calls”such as the Customer leaving the switch off, adding water to boilers, abusive use of heating equipment, or vacant or unattended premises. The plan does not cover replacement parts caused from damage other than normal wear and tear; for example: a child hits the thermostat with a hammer.
OTHER SERVICES NOT INCLUDED IN SERVICE PLAN: The service plan does not include the cost of labor or materials for repairs and replacements resulting from acts of God, war, fire, flood, freezing or abuse, boiler failures, defects in radiation or piping systems, or changes required by local authorities (building, fire and electrical departments). The plan does not include inspection of parts which are not visible or accessible, even if those parts are otherwise covered under the plan, unless there is a problem or malfunction requiring inspection of such parts.
NIGHTS, WEEKENDS AND HOLIDAY ECONOMY BILLING FOR SERVICE PLAN CUSTOMERS: The service plan is designed to provide service during normal business hours: Monday-Friday, 7:30 a.m.-5:00 p.m. After-hours services required during nights, weekend or holidays will be billed at regular labor rates less a service plan discount for plan-related calls.
NONLIABLILITY OF COMPANY UNDER PLANS: THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY FAILURE OR DELAY IN PERFORMING SERVICES UNDER ANY PLAN WHEN SUCH FAILURE OR DELAY ARISES FROM STRIKES, LOCK-OUTS, FIRES, ACCIDENTS, WAR, RIOTS, LACK OF MATERIAL, CUSTOMER LEAVING PREMISES VACANT OR UNATTENDED, OR ANY OTHER CAUSES BEYOND THE COMPANY’S CONTROL. ADDITIONALLY, IT IS SPECIFICALLY AGREED BY THE CUSTOMER THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE TO THE CUSTOMER OR TO ANY THIRD PERSON FOR ANY LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR INJURY CAUSED BY OIL TANK OR OIL LINE LEAKAGE, OR FROM ANY OTHER DISPOSAL, DISCHARGE, RELEASE OR SPILLAGE OF OIL ARISING DURING OR FROM THE PERFORMANCE OF WORK, OIL DELIVERIES OR SERVICES FOR THE CUSTOMER, OR FROM THE FAILURE TO PERFORM ANY SERVICES FOR THE CUSTOMER. THE CUSTOMER RELEASES THE COMPANY, AND AGREES TO INDEMNIFY THE COMPANY FROM AND AGAINST ANY AND ALL SUCH LIABILITY AND RESPONSIBILITY, AND FROM ANY AND ALL LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY ARISING FROM DEFECTS OR MALFUNCTIONS IN THE CUSTOMER’S BURNER, PIPING AND HEATING SYSTEM. IN ANY EVENT, THE COMPANY’S LIABILITY IS EXPRESSLY LIMITED TO THE REASONABLE VALUE OF THE SERVICE AND PARTS OFFERED IN EACH TYPE OF PLAN, NOT TO EXCEED $1,500; AND THE COMPANY’S SOLE LIABILITY IN THE EVENT OF ANY FAILURE TO PERFORM SHALL BE THE REASONABLE COSTS OF THE SERVICE AND PARTS SPECIFIED UNDER THE PLAN, NOT TO EXCEED $ 1,500. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CANCELLATION OF PLANS: Any of the plans described herein may be cancelled at any time at the option of the Company with verbal or written notice to the Customer. In the case of cancellation by the Company, any unused portion of the plan will be refunded to the Customer on a pro-rated basis. In the case of such a refund, deductions for service rendered under the service plan will be first calculated and deducted from the balance due to the Customer. In the case of cancellation of any plan by the Customer, it is agreed and understood that there will be no refund due to the Customer.
INSPECTION NOTICE: If upon inspection the Company finds that the Customer’s equipment is obsolete, or is in disrepair or has been neglected and is in need of extensive service over and above what would normally be required, the Company reserves the right to so advise the Customer and bill additional costs as required in order to bring the equipment up to acceptable operating standards.
NO REPRESENTATION: No salesman or agent of the Company has any authority to alter, vary or in any way add to the printed terms and conditions herein, either orally or in writing, and the Customer has not relied upon any representations, agreement or warranties, expressed or implied, which are not written herein.