Before acceptance by Attleboro Ice & Oil Co., Inc.
of a maintenance service and parts plan, Attleboro Ice & Oil Co., Inc. may at its option inspect the customer's heating system for insurability. The company reserves the right to reject this service agreement if, on inspection by Service Department, Company deems any portion of the heating system not in proper working order and unsuitable for servicing by Company. The Company may make such inspection at any time, up to and including the time of the first service call. Replacement of parts shall be limited to those occasioned by normal wear and tear and shall not include repair or replacement required by fire, explosions, flooded cellars, or acts of God. This agreement does not pertain to furnace ducts, registers, radiators, boilers, and no part is covered by this agreement unless it is specifically listed in the schedules of parts covered herein. No other parts are covered, whether or not they are specifically excluded.
Parts which are excluded from coverage are: inaccessible equipment; all obsolete parts;
tankless coils, asbestos removal; air conditioning equipment; power venters; wiring; draft inducer; automatic feed valve for steam system; automatic vent valves; flush steam boilers; auxiliary pumps; oil supply and return lines; chimney and chimney base; any equipment or condition which Company deems to be unsafe; parts damage or service caused by operation of an attic fan (NOTE: Simultaneous operation of an attic fan and oil burner can cause oil burner to malfunction); vacant or unattended premises (in this agreements the term “vacant” or “unattended premises” shall mean premises at which no occupant is present for at least twenty-four (24) consecutive hours); parts damage or service caused by the operation of an alternate fuel device or complete oil burner replacement. Blower motors and fans are not covered over 1/2 hp.
No service is covered by this agreement unless it is specifically listed in the schedules of service covered on the front page. The following items are customer's responsibility, and service calls resulting from customer's failure to perform same are not covered: Check thermostat setting; check water level; check all switches; check fuses. In addition, by way of example, service resulting from the following are specifically excluded: failure of customer to maintain a sufficient supply of fuel oil; inadequate boiler room ventilation for proper combustion; miscellaneous or abusive usage of the heating equipment; water in basement; water or contaminants in the fuel tank; oil tanks exposed to freezing temperatures; vacant and unattended premises. All service calls of a non-emergency nature outside COMPANY'S normal working hours will be charged at Company's prevailing rates for parts and labor.
Fuel Tank Environmental Liability Disclaimer
Customer shall be responsible for the condition and maintenance of the fuel tank, oil lines and piping. COMPANY assumes no liability for same. This contract does not insure against tank leakage or any damage to persons or property resulting from tank leakage. This contract does not cover any installation cleanup, removal, remedial, or other costs of compliance with any environmental or other laws, rules, or regulations. Company's sole obligation for tanks shall be to pay customer up to the maximum amount stated herein for the repair or replacement of a tank. Company shall have no obligation to pay if customer does not have the tank repaired or replaced. Under no circumstances shall COMPANY be obligated to repair or replace a tank. Company shall not be liable to render any service for which it is not licensed. company will not be responsible for bodily injury or property damage arising out of the disposal, discharge, dispersal, release or escape of oil or other petroleum substances or derivatives into or upon the customer's property, the atmosphere, or any water course or body of water, unless caused by negligence of company. in no event shall company's liability for any such damages exceed $1,000.00.
Limitation of Liability Disclaimer
COMPANY will not be responsible for secondary or consequential damages, nor will COMPANY be responsible for loss or damages due to or resulting from vacant or unattended premises, changes in oil consumption, or from delays for failure to render service or damages caused by acts of God, strikes, material or labor shortage, fire, flood, accidents, abuse or misuse of the equipment or other conditions not within COMPANY'S control. COMPANY'S liability is limited to the reasonable value of the service and parts offered in each type contract not to exceed $1,000.00, and company's sole liability in the event of a failure to perform will be the reasonable costs of the service and parts specified under each type contract not to exceed $1,000.00. The Company makes no warranties express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose except as expressly set forth herein. No warranty is made as to the ability of the system to supply heat or hot water required by the customer.
COMPANY reserves the right to terminate this contract if customer obtains fuel from other sources, permits any person other than an employee or authorized service representative of Company to service customer's equipment, failure to maintain an acceptable credit rating with the Company or is otherwise in arrears in any bill for oil or service due to Company, failure to maintain an adequate fuel supply. If this contract is terminated, no refunds will be made on any fractions of a year for any unused portions of the contract.
This contract will be automatically renewed each year unless terminated by written notice by either party at least 30 days before the renewal date.
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