TERMS & CONDITIONS
1. This agreement will automatically terminate if the customer ceases to use Energy Express LLC (ECI) as the sole heating oil provider on automatic delivery, fails to use a minimum of 400 gallons during the term of the agreement, fails to pay for all heating oil, parts, labor or other chargeable items when due, or permits anyone other than ECI to render service to the burner and covered equipment unless so instructed beforehand by ECI. There shall be no obligation by ECI to perform any service or provide parts after termination of this Agreement. Upon termination, there shall be no refunds or credits allowed.
2. Equipment is subject to the inspection and approval of ECI before acceptance of a service plan. Any repairs required to place equipment in acceptable condition are excluded and will be charged separately.
3. Upon approval, acceptance and payment, service plans will be effective immediately. Maintenance under this agreement will be performed between 8 am and 4 pm Monday through Friday. ECI will send an email reminder to schedule service at the mutual convenience of the customer and ECI. Customer must respond by email or phone to schedule service. ECI is not responsible if maintenance is not performed due to unavailability of the customer to schedule service.
4. No refunds will be made if the customer cancels the plan prior to its normal expiration date. The service plan is transferrable to a new homeowner (subject to credit approval) but not from one system to another. The plan is void if anyone other than ECI works on the equipment; customer uses another supplier for home heating oil or refuses automatic oil delivery.
5. This agreement will automatically renew itself on a year to year basis, unless either party gives at least 30 days prior written notice of termination. This agreement is not pro-rated and unless written notification is received within 30 days of the billing, the full contract charge is due and payable.
6. The service plan includes only repair and replacement of parts specifically listed herein that are defective due to ordinary use or wear and tear, based on the judgment of ECI. Service calls made after our regular business hours are reserved for emergency situations only.
7. ECI shall be released from liability for failure or delay to provide, within a reasonable time, the service called for under the plan when failure or delay may result from labor disturbance, fire, flood, freeze up, lightning or other acts of God, supply shortages, government regulations, extreme weather conditions or unavailability of parts.
8. This agreement does not cover service calls caused by improper setting of the thermostat, switches in the “off” position, failure to check for blown fuses or tripped circuit breakers, clogged air filters, inadequate oil in tank or tampering with equipment. ECI is not responsible for replacing obsolete parts or any parts unavailable through normal local sources of supply. The plan does not cover replacement of a complete boiler, furnace, burner, domestic (indirect or oil fired) water heater, humidifier or piping; baffles; oil lines; oil storage tanks or any parts or service not mentioned in the plan.
9. It is the customer’s obligation to ensure that the heating unit is accessible for service. If it is not accessible, service will not be performed.
10. If oil tank needs replacement after diagnosis is made by ECI and customer declines replacement, all subsequent called related to clogged oil lines, filters, nozzles, etc. will not be covered.
11. ECI will provide emergency service 7 days a week, 365 days a year. Emergency service means no heat, serious fuel leaks or other dangerous situations. All other service will be performed during normal working hours, Monday through Friday, 8 am to 4:30 pm.
12. ECI shall be released from liability for “run-outs” of heating oil when customer is using a supplemental heat source without properly notifying ECI.
13. ECI shall be released from liability for any direct or indirect consequential damages in any way arising out of performance or nonperformance of its obligations under this service plan, including but not limited to injury to or death of persons, or property damage of any description, resulting from defects in or failure of operation of any heating equipment or related items covered under these plans.
14. This agreement applies to the equipment enumerated on the equipment list and not the fixtures in which they are contained, nor hardware, trays, defrosting pans, block tin, ducts, plumbing, electrical wiring, casing, pans, defrost heaters, nor to deterioration of housing, casing, frames or other items due to corrosion. This agreement does not include repairs made necessary as a result of fire, water, accident, negligence, acts of GOD, deliberate damage, freeze ups of any kind, or to any repairs or replacements caused by the negligence or improper maintenance of equipment by customer.