TERMS & CONDITIONS

1. This agreement is offered only to regular customers of Mike Fumarola Plumbing & Heating.

2. Mike Fumarola Plumbing & Heating reserves the right to inspect the customer’s heating equipment and to determine, in its sole and absolute discretion, whether the equipment is suitable for participation in this program. Mike Fumarola Plumbing & Heating reserves the right to cancel this agreement following such inspection.

3. Mike Fumarola Plumbing & Heating is not responsible for any damage caused by water, oil, or other fuel leaks. The tank is considered full at 20 gallons.

4. Mike Fumarola Plumbing & Heating agrees to provide service with reasonable promptness unless delayed or prevented by an act of God; storm, flood, fire, terrorism, strikes or other labor trouble; unavailability of fuel; or other causes beyond its control.

5. Mike Fumarola Plumbing & Heating is not liable for any damage caused by: (1) Insufficient fuel in the tank, (2) Venting other than through chimney (e.g., direct venting), (3) Noncompliance with any laws, (4) Heating of an unoccupied building or residence, (5) Any associated equipment, (6) Delays or inability to perform service caused by existing circumstances not reasonably attributable to Mike Fumarola Plumbing & Heating.

6. Service under this agreement may be discontinued at any time by Mike Fumarola Plumbing & Heating under the following conditions: (a) Nonpayment, (b) Unsafe conditions, (c) System modifications without approval.

7. Customer warrants and represents that it is the owner and operator of the subject equipment. This service agreement is non transferable without written consent of Mike Fumarola Plumbing & Heating.

8. There are no express or implied warranties provided by Mike Fumarola Plumbing & Heating including but not limited to this implied warranty of merchantability and fitness for a particular purpose.

9. All sums due Mike Fumarola Plumbing & Heating for services must be paid as provided in this agreement. Mike Fumarola Plumbing & Heating may cancel this agreement immediately for nonpayment. The acceptance of this agreement includes any extended term.

10. Performance under this agreement may not at any time be construed as a waiver of Mike Fumarola Plumbing & Heating rights.

11. The buyer agrees not to hold Mike Fumarola Plumbing & Heating responsible for damages occurring at unattended, unoccupied premises.

12. This agreement does not cover repair or replacement of commercial-grade parts or systems not covered in standard residential service. Commercial-grade parts to be maintained are covered for maintenance, repair, or replacement if omitted or added to a residential system, unless otherwise noted. This includes: oil tanks or dispensers, domestic or heating pumps, solenoids, oil lines, oil filters, outside oil tank/controls, water softener controls, service piping that does not cover replacement of buried pipe, corroded domestic boiler or control systems, panels, or power-vented or specialized outdoor reset controls, LOGO-Matic controls, Riello burners, TACO pumps, etc. It does not cover specialized indoor and media-lit boilers, circulators, heat exchangers, air handlers, component oil burners, etc.

13. Limits of liability: Mike Fumarola Plumbing & Heating will not be responsible for loss or damage due to: fuel runouts, change in fuel consumption, buyer’s failure to maintain equipment, acts of God, terrorism, strikes, riots, material or labor shortages, fires, floods, hurricanes, power interruptions, spontaneous part failure, or uninsurable conditions.

14. It is the customer’s responsibility to arrange a date for the preventative maintenance and tune-up inspection. If customer fails to schedule this service, it is considered unavailable and customer waives the right to claim it.

15. Tune-up/inspection must be scheduled for April 1 through October 31.

16. Services and/or parts not specifically listed in any plan are not covered. All repairs will be charged at prevailing rates.

17. Mike Fumarola Plumbing & Heating recommends that the customer have any and all chimneys, flues, and their pipes respectively, and exhaust from the boiler, inspected and/or certified annually by a properly licensed and/or certified chimney inspector.

18. Mike Fumarola Plumbing & Heating is not liable for any damage caused by or resulting from buildup or blockages of soot or other materials in the oil or heating system flue or chimney. Customer agrees to hold Mike Fumarola Plumbing & Heating harmless from such losses.

19. Mike Fumarola Plumbing & Heating and the customer agree that Mike Fumarola Plumbing & Heating is not liable for any blow backs or similar damage resulting from blockages in the flue and/or chimney.

20. Mike Fumarola Plumbing & Heating is not liable for any damage caused by boiler or heating system or other services performed on the customer’s premises if the building is unattended or unoccupied.

21. A building is considered unoccupied if it is vacant and/or no one resides in the structure or uses the equipment for purposes of habitation.

22. When this section is invoked, the customer shall insure that the heating system continues to function. A licensed technician must check the system on a regular basis to confirm that it does not cause damage.

Registered & Insured
Owner
Mike Fumarola