SERVICE CONTRACT TERMS
New England Total Energy reserves the right to cancel this contract if any of the General Conditions have been broken without liability against either party. This Service Agreement shall be for a period of twelve months. To avoid lapse in coverage, these plans shall automatically be renewed unless terminated by either party in writing within 30 days of the plan renewal date. Pricing subject to change upon renewal of contract. In the event that the service contract is cancelled by the customer, there are no refunds on any unused portion of the contract. We will however transfer the unused portion of the service contract to a current customer whom moves within our delivery area from one house to another. Service Contracts are not prorated and are nonrefundable. The contract is valid upon payment in full. Payment for all Service Plans is due net 15 days from invoice date. (Unless on budget payment plan) Your account must remain current and in good financial standing to be eligible to participate in any of the New England Total Energy Service Agreements. This service agreement does not cover service resulting from insufficient fuel oil in the tank due to deliveries being withheld because of unpaid account balance, delinquent accounts, or for “Will Call” accounts. “Will Call” accounts are not eligible for service agreements. A finance charge of 1.5% per month (annual percentage rate of 18%) is charged on items not paid 30 days from statements due date. This Service Agreement will be suspended if payment is delinquent. You are required to PURCHASE 100% of your fuel oil and be on an automatic oil delivery schedule to participate in any of the New England Total Energy Service Plans. If there is a cancellation of automatic delivery or fuel supplied by any other source other than New England Total Energy it will terminate the Service Agreement. All customers are required to use a minimum of 700 gallons of oil per heating season to participate in any New England Total Energy Service Agreements. (At the discretion of New England Total Energy) Purchase of fuel oil and or service by any other source other then New England Total Energy will void this Service Agreement. There shall be no liability for any reason on the part of New England Total Energy for work done by anyone else, unless such person is authorized in writing by New England Total Energy to perform such work or furnish parts.
INSPECTION & PRE-EXISTING CONDITIONS
New England Total Energy reserves the right to inspect and test all heating systems upon acceptance of service agreements. Any labor and / or parts charges incurred prior to acceptance of this agreement cannot be credited. Repairs required to correct pre-existing conditions are not covered by this plan and will be charged at the company’s normal rates. New England Total Energy has the option to waive the inspection.
SERVICE SCHEDULING
New England Total Energy will attempt to contact customers to schedule their service visit, however, it is ultimately the
customers responsibility to see that the service is scheduled as there are no carry overs or rebates. New England Total Energy will always offer prompt and courteous service. We will and shall not be held responsible and or liable for damages or loss caused by a delay in securing parts, responding to calls for service, oil deliveries or any loss arising out of the performance of this contract. We also will not be held liable for any unforeseen and uncontrollable acts, be it Act of God, Fire Damage, Explosions, Flooding, Hurricanes, Tornadoes, Earthquakes, Blizzards, War, Civil Commotion, Acts of Terrorism, Hostilities, Riots, Local, State or Federal government acts or requests or other causes of “Force Majeure”, Labor unrest or any other cause beyond our control. Failure of Public Utilities or Common Carriers to provide raw materials, energy or other supplies and services. “Service Calls” and incidental damages related to insufficient combustion air. Also service and / or damages caused by draft issues related to such items as: Attic exhaust fans, whole house exhaust fans or clothes dryers.“Non Emergency Service Calls”/“Nuisance Calls” do to switches in the “Off” position, blown fuses, tripped circuit breakers thermostat satisfied, failure of low water cutoff do to failure to maintain proper supply of water in the heating system, air in baseboard or radiators, flooding of steam boilers, any type of plumbing related work or plumbing items (unless covered under max plan) and the pumping out of water or foreign matter from oil tanks are not covered under the service agreement. Customers with fuel oil tanks located out-doors and/or in unheated, unconditioned area’s are to be required to use a cold temperature additive (pour point conditioner) offered by New England Total Energy. Refusal to use these additives will void the service contract. If the heating system becomes unsafe or uninsurable during the term of this Service Plan, we will request that the equipment be upgraded. Refusal to upgrade your system in a reasonable amount of time will result in automatic termination of this service agreement. This Plan may be terminated by New England Total Energy at the end of the term agreement due to poor equipment or excessive service related issues do to inadequate equipment.
CONTRACT EXCLUSIONS
Service Agreement does not cover unattended or vacant homes and or buildings. This Service Agreement does not cover service related issues due to interruptions in oil deliveries due to customer’s failure to provide us a safe access to the property and oil fill. (i.e. driveways to be plowed properly and sanded /salted, oil fills to be shoveled out and marked) If the heating system has been denied fuel by broken, frozen and or plugged oil lines by water, sediment or inadequate fuel system it is not covered under this Service Agreement. This agreement also does not cover environmental cleanups related to fuel system issues. Remediation of oil spills, water and soot are not covered under this plan. This plan also does not cover any Day Tanks, Supply Pumpers, Pressure Switches or Vacuum Breakers or related piping. This Service Agreement excludes discontinued and /or obsolete parts, special control systems, electronic printed boards, or any controls used for the purpose of energy conservation. i.e.: Tekmar, Watchman, etc. Programming or replacement of set-back type thermostats. This agreement also excludes all plumbing, and water related issues i.e.: Draining of expansion tank, bleeding of radiators, baseboard and or heating zones, and any other plumbing related parts and labor. Muti-fuel units are not covered under this plan nor are electronic air cleaners, Special Purpose Air Filters i.e.: Space Guard ®, Air Bear ® and Honeywell ®. Humidifiers, oil lines and electrical wiring not attached to heating equipment. This Agreement does not cover damage caused by flooding, water leaks, lightning strikes, wind, attic fans, humidifier leaks and A/C coil pans leaks, poor chimney draft conditions or poor chimney flue design. Power venters, Draft Inducers,Automatic flue dampers and Powered Combustion Systems.
