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Terms and Conditions

HAFFNER’S SERVICE PLANS GENERAL TERMS AND CONDITIONS

  1. These General Terms and Conditions (these “Terms and Conditions”) together with our Service Plan Summary and your signature page (collectively, this “Agreement”) are the only terms that govern our provision of services rendered under our Service Plans.
  2. The Service Plan that you select and this Agreement shall only become effective after (i) inspection of your heating system and oil tanks by us and the results of such inspection are satisfactory to us in our sole discretion, (ii) our issuance to you of an invoice for the Service Plan that you selected, and (iii) our timely receipt of your payment for the Service Plan that you selected together with a copy of this Agreement signed by you. If your heating system or oil tanks do not meet our standards, you must bring your heating system up to our standards to be eligible to participate in our Service Plans.  Our Service Plans only cover residential heating systems with a firing rate not to exceed 2.50 gallons per hour.  If your system becomes obsolete or is over 20 years old it may become ineligible for coverage under our Service Plans.  We are not responsible for repair or replacement of parts or equipment for any heating system that we deem to be obsolete or for which parts or equipment are no longer readily available.  We shall not be liable for any damages or losses arising out of our inability to obtain replacement parts through our normal supply channels.    
  3. Any amounts paid by you under this Agreement are non-refundable.  The annual price for the Service Plan selected by you must be paid by you by the due date set forth in the invoice that we issue to you.  Unless you provide us with a termination notice as set forth in Paragraph D below, you will be invoiced by us on an annual basis for the Service Plan that you selected.
  4. Following the Initial Term, the Service Plan that you elect to enroll in shall automatically renew on an annual basis (each such period, being a “Renewal Term” and all Renewal Terms together with the Initial Term being the “Term”) unless either of us provides to the other a written termination notice at least thirty (30) days prior to the end of the then current term.  We reserve the right to adjust the pricing for our Service Plans on an annual basis and shall endeavor to provide you with any pricing adjustments in advance of your auto-renewal.  We also reserve the right to cancel any Service Plan without notice and refund the unused portion of such Service Plan.
  5. We shall provide the services described in our Service Plan descriptions (the “Services”) in accordance with this Agreement.  The Services will be performed using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.  We will not be liable for a breach of the warranty set forth in this Paragraph E unless you provide us with written notice of the defective Services, reasonably described, within three (3) days of the time when you discover or ought to have discovered that the Services were defective.  If you timely notify us of defective Services, we will, in our sole discretion, either:  (a) repair or re-perform such Services or (b) credit or refund the price for such Services paid by you.  THE REMEDIES SET FORTH IN THIS PARAGRAPH E ARE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH E.
  6. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH E ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES OR ANY PARTS OR EQUIPMENT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.  PARTS OR EQUIPMENT MAY HAVE A MANUFACTURER’S WARRANTY AND WE, TO THE EXTENT PERMITTED BY THE MANUFACTURER, WILL PASS ALONG SUCH MANUFACTURER’S WARRANTY TO YOU.
  7. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  8. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE PLAN YOU SELECT.
  9. We may terminate this Agreement with immediate effect if you:  (a) fail to pay us any amount when due under this Agreement or otherwise; (b) fail to comply with any of the terms of this Agreement, in whole or in part; (c) you purchase heating oil from any source other than us; or (d) your heating system is serviced by any person or company other than us.
  10. We shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from (a) acts or circumstances beyond the reasonable control of us including, without limitation, acts of God, flood, fire, earthquake, extreme weather conditions, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), (b) restraints or delays affecting carriers, (c) inability or delay in obtaining supplies or parts of adequate or suitable materials, (d) defective parts, (e) telecommunication breakdown, (f) power outage, or (g) your negligence or misuse of your heating system.
  11. Our Service Plans do not cover oil tanks (other than our Oil Tank Protection Plan), oil lines, or oil leaks and we are not responsible for any claims, damages or losses arising out of or resulting from any release of petroleum.  We recommend to our customers that you replace any underground oil tanks and oil lines with above ground oil tanks and oil lines to minimize the possibility of leakage.  Such types of services are not included in the Service Plans and an estimate for such services can be provided at your request. You shall indemnify, defend and hold us harmless from any and all claims, damages or losses arising out of or resulting from any release of petroleum.
  12. You shall not assign or otherwise transfer any of your rights or delegate any of your obligations under this Agreement without our prior written consent.  All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts.  If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. We reserve the right to amend or otherwise modify the Service Plan Summary and Terms and Conditions on an annual basis. Any such amendments or modifications will take effect as of the first day of each Renewal Term. Your election not to terminate this Agreement pursuant to Paragraph D above shall mean that you agree to any amendments or modifications made by us to the Service Plan Summary and/or Terms and Conditions.
  13. Any and all notices to be given under this Agreement must be in writing and shall be deemed received upon receipt.  Notices to Haffner’s must be delivered to our corporate office at 2 International Way, Lawrence, MA 01843.  Notices to you will be delivered to your address set forth on your signature page.  Notices must be delivered by personal delivery, nationally recognized courier, or certified or registered mail.