Upstate Energy Service Plan for Oil Fired Heating Equipment

The Upstate Energy Service Plan covers an annual tune-up and safety inspection of your oil fired heating equipment. An annual tune-up helps ensure your unit is running efficiently and can help extend equipment life. A scheduled tune-up or inspection will be performed once during the service agreement term during regular business hours. The customer must schedule and have annual service within the time period covered.

We will respond to "No Heat Calls, gas odors, oil leaks or dangerous situations” 24/7 hours/day during the freezing weather. All other service calls will be handled with priority during our regular business hours Monday through Friday 8AM - 4:30PM. Labor is covered for the parts listed below, anything else will be an additional charge.

This contract only covers one of each of the following parts per contract year, there will be an additional charge if you require more than one of each of the items listed below.

Hydrostat, Burner Fan, Cad Cell Sensor, Electrodes, Fan & Limit Control, Ignition Leads, Manual Thermostat, Nozzle Adapter, Oil Pump, Temperature Gauge, Stack Control, Blast Tube, Burner Coupling, Tank Gauge Only, Boiler Drain, Burner Motor 1/7 hp, Cad Cell Relay 8184G or equivalent, Electrode Assembly, Delayed Oil Valve, Ignition Transformer, 1 Nozzle, Oil Filter Cartridge, Oil Pump Strainer, Blower Belt, Draft Regulator, Boiler Drain Cap, Firematic Valve, Triple Aquastat, Pressure Gauge, Circulator Taco 007 or equivalent, Zone Valve, Circulator Bearing, Assembly, Circulator Coupler, Circulator Motor up to 1/6, Switching Relay: Single zone only. Zone panel not covered. Expansion Tank: #30 or up to #60, Burner End Cone, Air Vent, Pressure Relief Valve, Burner Switch, Blower Motor up to 1/2 hp - belt driven, Blower Motor (up to 3/4 hp - direct drive), Motor Pulley, Fan Pulley, Fan Shaft & Bearing, Automatic Water Feeder: (Hydronic only. Not for steam). Backflow Preventer.

Terms and Conditions

Eligibility and Termination

This Agreement shall cover a period of one year. It will automatically renew each year by credit card unless Upstate Energy is notified 30 days in advance of renewal date. This agreement is available exclusively to Automatic Delivery customers of Upstate Energy (Upstate Energy or Seller). The agreement will terminate if the customer is not enrolled in Upstate Energy's automatic delivery plan. Upon termination for any reason, there shall be no refunds or credit allowed.

Equipment Inspection

Upstate Energy will inspect the customer's heating equipment to determine, at its sole discretion, whether it qualifies for this program. Upstate Energy reserves the right to cancel the agreement if the equipment fails to meet its standards. The agreement does not cover low pressure rotary type units, wood/oil combustion units, or Power Venters. This plan is priced for heating systems that use up to 2.5 gallons per hour.

Exclusions from Liability

Upstate Energy is not responsible for damage caused by water, fire, acts of God, tampering, abuse, customer negligence, or services performed by another contractor or the customer.

Legal Compliance

The customer is responsible for adhering to all applicable laws, including spill notification requirements imposed by government authorities. The customer warrants that their oil tank is properly vented and installed according to current fire standards. The customer agrees to indemnify and hold Upstate Energy harmless from any damage arising from legal violations or improper installation of the oil burner, its venting, or piping.

Service Availability

Upstate Energy will provide service promptly unless delayed by acts of God, storms, floods, fires, terrorism, strikes, or other labor disturbances. Upstate Energy is not liable for delays in delivery due to supply shortages, embargoes, laws, government allocations, or other factors beyond its control.

Liability Limitations

Upstate Energy is not liable for damage caused by: Insufficient fuel in the oil tank. Non-chimney venting (e.g., direct venting). Failure to comply with laws. Heating unoccupied buildings or residences. Direct or consequential damages from boiler or equipment failure. Delays or inability to perform service due to factors beyond Upstate Energy's control. Fuel flow issues related to outside storage tanks. Failure of automatic delivery for homes with supplemental heating. Performance under this agreement may be discontinued if working conditions are found to be hazardous or unsanitary.

Scope of Service

This agreement covers service to the customer's oil burner only. Emergency service includes no heat during the heating season, serious oil leaks, or other dangerous situations. The customer agrees to indemnify and hold Upstate Energy harmless from any liability related to work performed on the chimney, piping, ducts, tanks, radiators, furnace accessories, or other equipment not part of the oil burner.

Oil Discharge Liability

The customer agrees to indemnify and hold Upstate Energy harmless from any claims or liabilities arising from oil discharges not directly caused by Upstate Energy, including those from leaking tanks or pipes.

Ownership and Assignment

The customer warrants that they own and operate all items serviced by Upstate Energy. This agreement may not be assigned without Upstate Energy's written consent. The agreement is non-transferable and non-refundable.

Warranties

Upstate Energy makes no express or implied warranties, including implied warranties of merchantability or fitness for a particular purpose, regarding this agreement or the equipment or service provided. Upstate Energy is not responsible for manufacturing defects.

Payment Terms

All sums due to Upstate Energy for fuel or services must be paid as stipulated in this agreement. Failure to do so may result in cancellation of the agreement without a refund. This Agreement is not enforced if the Customer’s account is delinquent or if the Customer does not purchase all fuel oil requirements from Upstate Energy and no refund is due. Payment must be included with contract. This contract is not valid without payment and system inspection.

Renewal and Cancellation

This agreement will automatically renew unless terminated by either party. Acceptance of service implies consent to any extended term. Payment by the customer signifies acceptance of all work performed by Upstate Energy. Upstate Energy may cancel the agreement if it deems service to the existing oil tank or equipment impractical due to age or obsolescence.

Liability for Unattended Premises

Upstate Energy is not responsible for damages occurring at unattended, vacant, or unoccupied premises. The customer’s fuel storage tank and lines are not covered for maintenance, repair, or replacement. This plan does not cover labor, materials, or repair of water leaks, secondary damages, or delays in service. Claims must be initiated within one year of the cause of action. Liability is limited to $1,000.00.

Service Scheduling

The customer is responsible for scheduling preventive maintenance and burner service. Upstate Energy is not liable if maintenance is not performed due to the customer’s unavailability. Tune-ups/inspections must be scheduled between April 1st and October 1st.

Exclusions from Coverage

The buyer’s fuel storage tank and fuel lines are not covered for maintenance, repair or replacement. Comfort care plans do not cover labor and materials to repair water leaks on domestic or heating pipes, to thaw or repair frozen domestic or heating pipes, to thaw frozen oil lines or outside oil tanks, to dispose of water or other foreign matter from oil tanks or lack of oil due to conditions beyond Upstate Energy's control. Service plan does not cover replacement of or work on domestic hot water coils, draft inducers, power venting equipment or connected controls, White Rodgers Zone valves, System 2000 manager connected wiring or plate exchanges, Logomatic controls, PC700 or any other specialized outdoor reset control, bronze circulators, air conditioners, humidifiers, electric air cleansers and media filters, boiler sections, heat exchanger, air handler components, burner replacement, programmable thermostats, kick space heaters, steam boiler, water feed valves, non-residential equipment and controls, blower housing, heat distributing units (radiators, baseboard radiation), piping or duct work, duct cleaning, hot water tempering valves, water heater, anode rods, back flow preventers, motorized zone dampers and their connected relays. Fuel flow problems directly related to outside oil storage tanks are examples of items not covered.

Waiver of Subrogation

The customer waives any rights of subrogation or recovery against Upstate Energy, including its officers, agents, and employees, for losses covered by insurance.

Limits of Liability

Upstate Energy is not liable for losses due to changes in fuel consumption, failure to schedule maintenance, acts of God, or other conditions beyond its control. Liability is limited to the maximum extent permitted by law.

Chimney Inspection

Upstate Energy recommends annual inspection and cleaning of chimneys, flues, and venting systems by a licensed or certified chimney inspector.

Chimney and Flue Blockages

Upstate Energy is not liable for damage caused by or resulting from soot buildup or blockages in the flue or chimney. The customer agrees to hold Upstate Energy harmless for any such damage.

Blowbacks

Upstate Energy is not liable for damages resulting from blockages in the flue or chimney. This plan does not cover flue, chimney, or venting system cleaning.

Unoccupied Buildings

Upstate Energy is not liable for damage caused to the heating system or oil burner when the residence or building is vacant, unoccupied, or unattended. The customer should ensure the heating system functions properly and have the property checked daily to prevent damage.

Acknowledgement

I agree and understand that by signing with my Electronic Signature  below, that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement. I further agree my signature on this document is as valid as if I signed the document in writing. This is to be used in conjunction with the use of electronic signatures on all forms regarding any and all future documentation with a signature requirement, should I elect to have signed electronically.  Under penalty of perjury, I herewith affirm that my electronic signature, and all future electronic signatures, were signed by myself with full knowledge and consent and am legally bound to these terms and conditions. 

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