TERMS AND CONDITIONS This contract is only in effect when customer purchases all fuel oil from Hirsch Fuels Inc. and honors its credit terms. Hirsch Fuels Inc. has the right to cancel this service contract upon notice as indicated below if contract terms are not met. All bills for oil or other items must be paid within thirty (30) days after delivery. If customer's balance for oil or other items remain unpaid for more than thirty (30) days, the company may, by mailing written notice to the customer, discontinue deliveries on the automatic delivery or 'will call' basis and/or cancel this service contract and retain any service fee previously paid by customer as liquidated damages. If customer terminates fuel purchases from Hirsch Fuels, Inc. the company may, by mailing written notification to the customer, cancel this service contract and retain any service fee previously paid by customer as liquidated damages. The comprehensive plan shall be payable when billed and coverage will be in effect only when payment is received. In any situation where Hirsch Fuels, Inc. cancels this service contract, Hirsch Fuels, Inc. and its employees shall not be liable for any damages whatsoever resulting from the failure to deliver oil or service the oil burner. GENERAL CONDITIONS This agreement covers only labor required for normal adjustment and repairs directly on the oil burner and controls which are parts of the burner installation. Parts will be charged for unless included in service plan selected. Any service calls resulting from blown fuse, main switch off, insufficient water in boiler, or no fuel (except when supplied by Hirsch Fuels, Inc. automatic delivery service), will be charged accordingly. This contract does not insure against fuel storage tank leakage or any damages to persons or to property resulting from tank leakage. This contract does not cover any installation, maintenance, piping, cleanup, removal, remediation, or other costs of compliance with any laws, rules, or regulations regarding fuel storage tanks. Hirsch Fuels, Inc. will not be responsible for any damage resulting from the disposal, discharge, dispersal, release, or escape of oil or other petroleum substance into or upon the customer's property, surrounding property, the atmosphere, or any | water course or body of water, unless caused by negligence of Hirsch Fuels, Inc. It is hereby agreed that service is to be rendered with reasonable promptness, but in no case shall the buyer hold Hirsch Fuels, Inc. or any of its employees liable or responsible for losses or damages resulting from freezing, equipment failures, delays, or any other causes beyond its control. It is further understood and agreed that Hirsch Fuels, Inc. or its employees shall not in any event be liable for any damage to persons or property resulting from the performance of this service. NOTE: Acceptance by Hirsch Fuels, Inc. of this service plan shall not be final until approved by Hirsch Fuels, Inc.’s inspector. Plan expires upon the End Date but automatically renews. This plan can be terminated prior to the expiration date upon written notice being mailed by Hirsch Fuels, Inc. to the customer that: - The customer has terminated fuel purchases from Hirsch Fuels, Inc.
- The customer’s balance due for fuel or other purchases shall remain unpaid for a period of thirty (30) days.
The homeowner/contract holder may assign this contract to a new homeowner, only upon the written consent of Hirsch Fuels, Inc. The undertaking by Hirsch Fuels, Inc. to replace or repair parts specified in this plan is expressly limited to repair or replacement necessary due to ordinary wear and tear in the normal operation of customer’s equipment and shall not include repair or replacement made necessary by reason of fire, flood, hurricane, freeze-ups, acts of God, or improper operation of such equipment. This agreement is subject to acceptance by Hirsch Fuels, Inc. and is also subject to the above terms and conditions. SPECIFIC CONDITIONS All “not at home” calls are considered as service calls and shall be billed. The office verifies a “not at home” call by phoning the customer. CONDITION OF PAYMENT In compliance with regulation “Z” of the U.S. Federal Government our late fee is 1.5% per month for all past due balances over 30 days which is a true annual percentage rate of 18%. |