1. Upon approval, acceptance and payment, the plan will be effective immediately. Preventative maintenance and combustion service will be performed during the period the plan is in effect at the mutual convenience of the Customer and J.J Sullivan.
2. J.J. Sullivan agrees to render service to the Customer’s oil-burning equipment for one year from the month in which the Customer enrolls in the service plan (the elective date). Customer agrees to purchase his entire fuel oil requirements using automatic delivery for the covered property from J.J. Sullivan. This service plan will be renewed automatically each year unless terminated in writing by either party 60 days prior to its expiration.
3. It is the responsibility of the Customer to call and schedule an appointment for annual maintenance. If the customer does not have annual maintenance performed within sixty (60) days of the start of the plan or any renewal date, any service calls after 4:00 p.m. on weekdays and at any time on Saturdays or Sundays and holidays shall be billed at our corresponding hourly rate. No refunds.
4. 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 judgement of J.J. Sullivan. This plan does not cover labor or parts damaged due to flooding, water damage, lighting, electrical surge, fire, household pets, rodents, insects or the reckless or unintentional acts of the Customer or the Customers family members. This plan is for heating equipment only.
5. This service plan is not written on a prorated basis, and no refunds will be made if the Customer cancels prior to its normal expiration date.
This service plan is transferable to another homeowner subject to credit approval, but not from one heating system to another. This service plan
is void if anyone other than a J.J. Sullivan employee works on the equipment.
6. The service plans at prices quoted are for ordinary residential or comparably sized commercial heating systems that are at a rate of up to 2.5 gph.
7. J.J. Sullivan’s obligation to furnish parts shall be subject to their availability through normal supply sources. This service plan does not cover replacement of a complete boiler, furnace, burner, domestic (indirect or oil-red) water heaters, humidifier or piping; oil lines; oil storage tanks, or any parts or services not mentioned explicitly in the service plan.
8. Complex equipment such as power vents and draft inducers or specialized heating systems, such as hydro-air, dual fuel and radiant heat that have specialized parts or controls are subject to additional charges.
9. This service plan is designed and available to J.J. Sullivan Customers with a properly maintained account. A finance charge of 1-1/2% per month (an annual percentage rate of 18%) will be charged on items not paid 30 days from invoice date. If this account is referred to an attorney for collection, a charge for interest and attorney fees will be 33-1/3% plus interest. SERVICE PLANS ARE NOT IN FORCE IF ACCOUNT IS 60 DAYS OR MORE OVERDUE.
10. J.J. Sullivan shall be released from liability for failure or delay to provide, within reasonable time, the service called for under this plan when failure or delay may result from strike or other labor disturbance; fire, flood, lightning or other acts of God; supply shortages; government regulations; extreme weather conditions; or unavailability of parts.
11. J.J. Sullivan shall be released from liability for “run-outs” when the Customer is using a supplemental hear source.
12. J.J. Sullivan shall be released from liability for loss of heat or any damage resulting from a freeze-up in an occupied or unoccupied dwelling. It is the Customer’s responsibility to arrange for a daily house check if the Customer is away from the premises.
13. Plan will be terminated without notice, and without refund, if Customer purchases fuel oil from any other source or refuses automatic delivery.
14. This is the entire plan. This plan cancels and supersedes all prior plans or burner service except installation plans.
15. J.J. Sullivan 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 this plan.
16. It is the Customer’s obligation to ensure that heating unit is accessible for service. If it is inaccessible, service will not be performed.
17. This service plan DOES NOT COVER OIL TANKS OR OIL LINES. J.J. Sullivan shall be released from liability for any damage whatsoever caused by line or tank leakage or loss of product, whether before or after discovery of a leak, including cost of recovery of lost oil removal of contaminated earth or other property. The Customer is responsible for notifying appropriate governmental agencies.