Review our Terms & Conditions
COMFORT PLAN PLUS, COMFORT PLAN & TANK PROTECTION PLANS
Please read the provisions below to clearly understand your service plan coverage qualifications and exclusions.
PARTS EXCLUDED FROM SERVICE PLANS:
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 Additionally, if after a plan has commenced, it is determined that any of the customer’s equipment is outdated or obsolete, coverage will cease after notification to the Customer.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 INDEMNIFY 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 system 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.
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. All tanks must be inspected prior to enrollment in the tank protection plan.
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.
*TANK PROTECTION PROGRAM TERMS AND CONDITIONS
The TANK-PROTECTION Program (the “Program”) is an “Opt Out” program available to active fuel oil delivery customers in our Company (“Company”) who are in good credit standing and whose oil tank qualifies for coverage under the Program.
An oil tank that is leaking or has been repaired will not qualify for coverage under the Program or its warranty. If a tank is leaking or has been repaired is nevertheless enrolled in the Program, it will not be covered by the warranty. The only allowance to the Customer will be a credit for the first-year payment for the Program. Underground and partially underground tanks and tanks over 330 gallons in capacity are also excluded from the program as well as tanks over 30 years old. Please examine your tank carefully to confirm it is not excluded from coverage based on the foregoing conditions. If it is, please notify us and we will take you off the Program. Customers that are not sure whether their oil tank qualifies, may request a visual tank inspection at no charge for these purposes.
You as Customer acknowledge and agree that participation in the Program does not guarantee that your oil tank will not leak or fail. The Program does not cover costs and expenses related to clean-up or environmental impact costs in the event of an oil tank leak or failure, and the Company and their respective affiliates expressly disclaim all liability for any such costs and expenses. The Program does cover removal of your old tank and tank disposal charges. Permit fees as per government rules and regulations are not covered and will be billed to the customer.
The term of coverage under the Program is one (1) year, effective from the date the Company invoices the Customer for the Program, provided the invoice is paid within sixty (60) days. The term is renewed every year and from year to year unless terminated by either the Customer or the Company. A Customer shall be deemed to have “opted out,” or terminated participation in the Program if the Customer fails to pay the invoice on which the annual Program charge appears, within sixty (60) days.
The Company reserves the right to terminate the Customer’s enrollment in the Program if the Company at any time recommends that the Customer replace his or her oil tank and the Customer refuses to do so. The Customer’s enrollment in the Program will automatically be terminated if the Customer no longer purchases all of its fuel oil and heating services from the Company. The customer’s account must be in good standing and all balances must be current to be eligible for a free tank.
Under the TANK-PROTECTION Guarantee, The Company will install a new oil tank for free if and when your above-ground oil tank is verified to be leaking at a time when you are covered by this Guarantee. Certain oil tank accessories are also included, and some are excluded, as listed in the Guarantee. Additionally, neither the Program nor the Guarantee covers emergency response costs in the event of a leak, and the Company expressly disclaims all liability and responsibility for all such costs and expenses.
If a customer enrolled in the Program chooses to have the Company replace an oil tank before it leaks, the Customer will receive a credit from the Company towards the cost of a new tank of $250.00.
The oil tank shall be subject to mandatory inspection and qualification for the Program when the Customer chooses to opt back into the Program after having opted out before. New Customer tanks must be inspected by the Company prior to acceptance under the Program after a six month waiting period.
The Customer agrees and acknowledges that the Company itself makes no warranty or guarantee whatsoever regarding the TANK-PROTECTION Program. The Customer further agrees to release and discharge the Company and its affiliates from all claims and liabilities related to and/or arising from losses, costs, and damages to personal or real property, including environmental clean-up and remediation costs and penalties, arising from any oil tank leak, spillage, release or failure caused by any reason whatsoever, and to indemnify and hold the Company harmless against all claims of and liabilities to third parties (including all governmental agencies and bodies) arising out of any such leak, spillage, release or failure.
The Company reserves the right to revise and modify these Terms and Conditions, and its annual charge for the TANK-PROTECTION Program, from time to time, and to terminate the Program at any time.