Terms and Conditions for Irving Heating Equipment Protection Plans

INSPECTION REQUIREMENTS. Irving shall have no obligation under the plan until such time as Irving has inspected and in its sole discretion, accepted customer’s heating system, related equipment, and oil tank (collectively the “heating system”). Customer’s heating system must operate in accordance with, and must have been installed in accordance with, all applicable federal, state, and local laws to be eligible for the plan. Repairs made by Irving to bring customer’s heating system into acceptable condition will be billed separately and in addition to the price of the plan. Inspection of the oil tank is an exterior visual inspection only and cannot detect corrosion inside the oil tank. The inspection does not guarantee that the oil tank will not fail.

REPAIRS. The plans cover only those repairs and replacement parts specified under the “parts covered” sections of this form (the “covered parts”) resulting from the normal operation of customer’s heating system during the effective period of the plan. All parts, equipment, and labor not expressly covered under the plans will be charged to customer at prevailing rates. Labor is only covered under the plans for the repair and replacement of covered parts, subject to the other terms and conditions of this contract.

Irving reserves the right to determine whether to repair or to replace covered parts that have failed. Replacement parts are subject to the manufacturers’ warranty. Irving makes no warranties, either expressed or implied, regarding replacement parts. Irving shall have no obligation to replace or repair discontinued or obsolete parts for which no comparably priced substitute part exists, or which are not available through Irving’s regular sources of supply.

EXCEPTIONS. The plans cover only reasonably accessible residential heating systems rated of 2.5 gallons per hour of input or less. Heating systems with additional BTU input are subject to increased rates available upon inspection.

The Plans DO NOT include replacement parts or labor for:

• Sidewall vent parts.

• Plate heat exchanger.

• Ductwork.

• Tankless coils and gaskets.

• Boiler sections, heat exchangers, draft inducers, power ventors, or boiler dry-base.

• System antifreeze.

• Boiler setback and/or temperature reset controls and associated parts.

• Low pressure, rotary type, and wood or coal (including combination or add-on) units and heat savers.

• Combustion chambers.

• Air conditioning equipment or household wiring.

• Fuel oil lines or piping, fuel oil tank, fuel oil tank gauge, or vent pipe alarm.

• Replacement of defective fuses.

• Draining of expansion tanks.

• Descaling of domestic water coils.

• Repairs necessary to bring heating system into compliance with state or local codes.

• Discovery or removal of asbestos or other hazardous or toxic substance or materials.

• Clean-up of any oil spills or leaks arising from heating system, fuel lines, or tank.

• Non-covered parts, or services not listed in the checklist of this mailing.

• Pressuretrol.

Gold or Silver Plans DO NOT include these additional parts or labor:

• Water storage tanks or any device through which water passes such as pipe, radiation, valves (relief, pressure reducing, backflow or otherwise), vents, and flow regulators.

• Zone valves.

• Circulator impeller, complete circulator, circulator motor and mounts, circulator coupling.

• Circulator bearings assembly.

• Mixing valve.

• Mixing valve elements.

Plans DO NOT cover parts replacement, repair, service or other costs (including parts and labor) caused in whole or part by:

• Electrical failures unrelated to customer’s heating system.

• Electronic or mechanical thermostats.

• Switches or valves found in “off” position.

• Thermostat set too low to call for heat.

• Flooded basements.

• Heating system freeze-ups, or pipe freeze-ups, even if due to a failure of a covered part.

• Lightning, floods, fires, or acts of God.

• Failure of Customer’s supply of electricity or water to heating system.

• Customer’s negligence, including unreasonable failure or delay in discovering heating system malfunction.

• Inadequate fuel supply, including circumstances in which fuel is not delivered by Irving due to customer’s unsatisfactory credit status.

• Fuel flow problems related to oil tank or fuel line running from oil tank to heating system (e.g. frozen or congealed oil lines).

• Repairs or adjustments to Heating System performed by any person, other than an Irving agent or employee, except as instructed by Irving.

EMERGENCY SERVICE. Calls for service must be limited to normal business hours in order to be covered under the Irving service plan with one exception: if the heating system has experienced a complete mechanical failure and the customer is left without heat or hot water. Non-emergency service requests prior to 8 a.m. and after 5 p.m. on weekdays, or at any time on weekends and holidays will be invoiced at Irving’s existing labor rates.

LIMITATION OF LIABILITY. Irving shall not be liable for special, incidental, or consequential damages arising out of this contract or the plan. In no event shall Irving’s liability arising from this contract or the plan exceed the amount of the contract payments received by Irving from customer during the current plan year.

Irving shall not be liable for failure or delay to provide the services described in the plan if such failure or delay results from conditions or circumstances beyond Irving’s control, including but not limited to: strike or other labor disturbance, terrorism, fire, flood, hurricane, lightning, acts of God, supply shortages, governmental laws or regulations, or supplier’s inability to supply parts.

The plans do not cover, and Irving disclaims any and all liability for, any damages, including environmental damages, incidental damages, or consequential damages, arising out of any fuel leakage or spillage from customer’s oil lines, oil tanks, or any part of customer’s heating system and related piping and other apparatus.

FUEL PURCHASE REQUIREMENT. The plans are available only to customers on Irving’s automatic delivery program who purchase their entire year’s heating oil requirement from Irving. Irving may terminate the plan immediately, and without refund to customer, if: (i) customer fails to have Irving supply all of customer’s heating oil requirements, (ii) anyone other than Irving or Irving’s designated agents renders services to the heating system, or (iii) payment on customer’s automatic fuel delivery account becomes delinquent.

ASSIGNMENT. The plan is not assignable or transferable by customer, upon sale of customer’s residence or otherwise. Notwithstanding the foregoing, if customer moves to a residence within Irving’s service and oil delivery area, and upon satisfactory inspection of customer’s new heating system by Irving, customer may transfer the remaining portion of the plan to the new heating system, subject to the terms and conditions herein, including customer’s automatic fuel delivery obligation. Irving may assign this contract without consent of customer.

CONTRACT TERM/RENEWAL. The term of the plan shall be for a period ending one (1) year from the plan coverage start date and shall automatically renew at Irving’s prevailing rate for successive one (1) year terms thereafter unless canceled by either party by written notice given prior to the renewal date.

PAYMENT TERMS. Bill payment is due within thirty (30) days after billing date unless other budget arrangements are made with Irving’s credit department. If payment is not received within thirty (30) days, or in accordance with billing arrangements made, the plan is subject to cancellation and all work performed will be billed at Irving’s normal rates. No customer refunds shall be granted after such time mat Irving has performed any service to customer’s heating system under the plan.

DISPUTE RESOLUTION. If any provision of this contract shall be declared void or unenforceable by any judicial or administrative authority, the validity of the remainder of this contract shall not be affected thereby. All claims, disputes, and other matters in question arising out of or pertaining to this contract or the plan or any breach thereof (collectively, a “dispute”) shall be resolved by binding arbitration conducted in Portland, Maine pursuant to Maine Uniform Arbitration Act (14. M.R.S.A. B5927 et seq.).

All disputes shall be governed by the laws of the State of Maine exclusively, including all matters of construction, validity, performance, and enforcement of the contract, without giving effect to principles of conflict of laws and without regard to the laws of any other province or jurisdiction.

ENTIRE AGREEMENT. This contract embodies the entire agreement and understanding between Irving and customer with respect to the plan. There are no restrictions, promises, representations, warranties, covenants, or undertakings other than those expressly set forth or referred to herein. Any modification or amendment to the terms of this contract must be in writing, signed by Irving and customer.