Fuel Oil & Propane Service Plan Terms & Conditions

Fuel Oil and Propane Heating Systems Service Plans

Terms and Conditions

1. Eligibility.  Heating System Service Plans
   1. are available to automatic delivery customers who purchase their entire fuel supply and heating system services from Scott Energy;
   2. apply only to residential and small commercial heating systems (which for fuel oil heating systems means a maximum firing rate of three gallons per hour); and
   3. are automatically void and non-refundable if the customer terminates its account with Scott Energy.
2. Service Hours.  Scott Energy will provide repair services under this Heating System Service Plan 24 hours a day, 365 days a year. Labor for repair services provided during regular service hours of 8:00 am and 3:30 pm Monday through Friday will be discounted off Scott Energy’s prevailing hourly rate. Labor for services provided outside of those regular service hours will be discounted off Scott Energy’s overtime hourly rate.
3. Tune-Up Services.  Customer may schedule Scott Energy to perform tune-ups for heating systems during normal working hours (Monday – Friday 8:00 am to 3:30 pm, excluding holidays). Scheduling is the customer’s responsibility, and there will be no refunds for the tune-ups not performed. Scott Energy reserves the right to charge the customer for one hour of labor (at our normal hourly billing rate) for missed appointments.
4. Not Applicable to Obsolete Parts or Entire Heating System Failures.  This Heating System Service Plan only covers heating system parts and components that fail due to normal wear and tear. Scott Energy is not liable for the inability to supply parts that are no longer available due to obsolescence. Nor does it cover the replacement of the complete oil burner, boiler, furnace, domestic (indirect or fuel fired) hot water heater, air handler, domestic plumbing, domestic wiring, ductwork, oil line or oil storage tank.  Scott Energy may provide replacement of obsolete parts or complete heating systems under a separate agreement.
5. Other Service Conditions.   Customer must provide Scott Energy with sufficient access to its heating system, without obstruction, standing water, or any other unsafe or unreasonable condition.   If the heating system is inside an enclosure or otherwise inaccessible for any reason, the customer is responsible for providing safe and reasonable access to that heating system (without obstruction) for inspection and servicing under this Heating System Service Plan.  In addition, for the safety of Scott Energy personnel and of customer’s pets or other animals, customer must secure all pets and other animals at all times while Scott Energy personnel are on site at customer’s home or other premises.
6. System Inspection; Cancellation.  Scott Energy reserves the right to inspect all of customer’s heating system equipment prior to or during the term of the Heating System Service Plan coverage. If, on inspection, customer’s heating system equipment is found to be obsolete or otherwise unacceptable for any reason, Scott Energy has the right to cancel coverage and refund to the customer a prorated portion of any payment, if any. Any repairs required to bring a customer’s heating system equipment up to acceptable conditions are excluded from the Heating System Service Plan and will be charged separately.
7. Invoicing; Payment Terms; Interest Penalties.  All work performed by Scott Energy under this Heating System Service Plan is billed at the time of service and balances owed are due and payable in full within 30 days of the invoice date. If charges are not paid when due, customer will pay a finance charge on past due balances at the lesser of (a) the rate of 1 ½% per month (18% A.P.R.), or (b) the maximum rate allowed by Massachusetts law. Customer must keep its account current. Failure to do so is a material breach of this Heating System Service Plan and Scott Energy may, at its sole discretion, terminate this Heating System Service Plan.
8. Term; Renewal.  The term of this Heating System Service Plan begins on the date of customer’s first payment to Scott Energy under that plan and renews automatically on each anniversary of that date for an additional one- year term unless terminated by either the customer or Scott Energy at the end of the then-current one-year term. Either party may cancel the renewal of the Heating System Service Plan by giving written notice to the other party at least 30 days prior to the expiration date.
9. Effect of Early Termination.  Service Plans will not be prorated. If the customer selects monthly billing for its Heating System Service Plan and cancels its account for any reason before the end of the 12 month period, the customer will be billed for the remaining balance and payment in full will be due immediately.
10. Force Majeure; Monitoring.  Scott Energy is not liable for damage from flood, fire, storm, acts of God or other abnormal causes beyond our control, such as freezing, improper electrical supply or loss of electricity, which may affect the normal and customary operation of the customer’s heating system equipment. Scott Energy does not assume responsibility for loss of heat or any damage resulting from a freeze-up in an occupied, unoccupied or vacant dwelling. It is the customer’s responsibility to arrange for temperature monitoring in its premises at all times.
11. Limitation on Liability.  Scott Energy has no liability for work or services performed, or heating system parts provided, by anyone not under Scott Energy’s control or direction, unless such person is authorized, in writing, by Scott Energy to perform that work or service or furnish those parts.
12. Assignment.  If customer sells or transfers its home or building during the term of this Home Heating Service Plan, then customer can transfer this Heating System Service Plan to the new owner so long as the new homeowner is accepted by Scott Energy as a customer.

Miscellaneous.  This is not an agreement to sell or deliver heating oil by Scott Energy. This document contains the entire agreement of the parties with respect to the subject matter in this Conditions for Heating System Service Plans and there are no other promises, terms, conditions or obligations, oral or in writing, related to this subject matter.