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THE TANKSURE PROGRAM

General Conditions and Exclusions

This Service Plan is available to oil delivery customers who purchased their fuel oil and all heating systems services from us during the term of The Plan and whose payments are in accordance with our payment and credit terms. The Service Plan becomes effective after our inspection and approval of your heating system and tank.

1. The term of The Service Plan is for one (1) year period and will re-new automatically every year unless terminated by either the customer of Company. The Service Plan automatically terminates if the customer no longer purchases all of their heating oil from the Company. No credit will be issued if the Plan is cancelled before the expiration date.

2. Repairs or services not covered by The Service Plan will be performed and charged to the customer at prevailing rates.

3. In addition, The Service Plan may include the TankSure Program which provides a corrosion protection agent to prevent corrosion in your tank, tank testing service and the TankSure Program Limited Warranty. An ultrasonic tank test will be performed by our technician before your tank can be accepted for enrollment in the TankSure Program. While we cannot guarantee the prevention of a leak or other failure of your tank, we are providing these new services with the hope that by testing and monitoring, we are offering a long-term proactive tank replacement program for our customers. We recommend that an annual test of your fuel tank be performed. If a tank leak occurs due to corrosion once you are on the program, or a tank leaks occurs due to a manufacturer’s defect or a non-leaking tank is identified for proactive replacement by the TankSure Tank Analysis Software the Company will pay up to $1,000 towards the replacement of your tank in accordance with the terms of the TankSure Program Limited Warranty. A Warranty Certificate will be provided to you.

4. The Service Plan does not cover labor or materials to repair damage to the heating system or residence caused by the customers neglect such as failure to have sufficient fuel oil in the tank (unless oil is being delivered under our automatic delivery program), insufficient water for boiler, blown fuses or other failure of electrical system, improper thermostat settings or faulty thermostat, having heating system switches in the OFF position, debris buildup in the air or venting systems, air in fuel lines, water in fuel and frozen fuel lines, and other causes related to the improper operation or maintenance of the heating system by the customer. Damage, repairs or replacement of parts or components caused by Acts of God, fire, flood, freezing, storm or weather conditions, power loss or surges, water damage, and fuel flow problems due to outside fuel storage are not covered by The Service Plan.

5. Company will provide service as soon as practical, during regular business hours under normal conditions or on an emergency basis if necessary. Company will not be liable for any delay or failure to provide service due to conditions beyond its control such as Acts of God, labor disturbances or strikes, unavailability of mechanics or parts, failure or interruption of customer’s electricity, inaccessibility of the heating system, storms, floods, or other severe weather conditions, government laws or regulations.

6. The Service Plans only cover (excluding Platinum Heat Pump and Platinum A/C Plans) heating system parts and components specified in the The Service Plans. Examples of components and labor NOT COVERED by The Service Plans include boiler and furnace and related piping, underground oil storage tanks, above ground storage tanks (unless enrolled in TankSure Program), tanks with preexisting leaks, patches, or unstable conditions, air conditioning systems, humidifiers, heat pumps, heat exchangers, hot water heating systems and air and venting systems, entire fuel burner, wiring, piping domestic hot water, ducts, air filters (replacing regularly is customers responsibility), circular valves, purging air out of boiler system and piping, auxiliary wall pumps, humidifier, electronic air cleaners, draft boosters, power vent assembly, direct vent draft assembly, chimney, heat exchanger, asbestos removal, inaccessible equipment, set back or air conditioning or heat pump thermostats, work that we are not permitted to perform such as: piping or any plumbing work not associated with heating water or steam systems, wiring, etc and damage or failure from flooded cellular. Boilers or furnaces connected by a common flue to a wood burning appliance are excluded from the Plans. The Plans do NOT cover environmental cleanup, property damage, waste disposal services or other damages or losses caused by a tank leak or system failure even if the tank has been tested ultrasonically and is enrolled in the TankSure Program.

7. Customer agrees to release and hold Company harmless from all claims related to losses, costs, or damage to personal or real property caused by fire, explosion, flood, freezing, power loss or surges, oil leakage, and premises left unattended. Customer agrees that Company shall not be liable for any incidental, special or consequential damages incurred by customer or by third parties.

8. In the event that the residence is sold, the service plan may remain in effect provided that the new owner continues to purchase fuel oil and home heating system service from the Company.