TERMS

TERMS – EXCLUSIONS & CONDITIONS

1. All contracts are only available to Main Brothers Oil Co., Inc. (dba Main-Care Energy) customers, who exclusively use Main-Care Energy heating fuel during the contract period. The contract(s) may be terminated without refund if your Main-Care Energy heating fuel account becomes thirty (30) days or more delinquent, or other conditions are not met by the customer.

2. All contracts subject to inspection and approval for all equipment covered. Main-Care Energy reserves the right to decline coverage or renewal at any time.

3. All contracts will be in effect for one (1) year from the date of invoice, and will renew automatically every year unless terminated by either the customer or Main-Care Energy. The contract automatically terminates if the customer no longer purchases all of its heating oil from Main-Care Energy. No credit will be issued if the contract is canceled before the expiration date. Payments must be made within 30 days unless included in the Heating Fuel Budget Payment Program.

4. Contracts are nonrefundable, under any circumstances, but may be transferred to new owner (subject to acceptance of Main-Care Energy’s credit, delivery & payment terms).

5. Tune-Ups & Cleanings (for all contracts) will be scheduled during the contract period and during the months of March-October annually. Appointments requested November-February are subject to $20 servicing fee (excluding initial required evaluation).

6. Contracts are NOT available to customers using #2 fuel oil in an outside above ground tank. However, if kerosene is used year round, the coverage is available.

7. Main-Care Energy will use only new and factory reconditioned parts, subject to availability. All parts supplied by Main-Care Energy under this agreement are warranted for one (1) year against manufacturing defects. The customer’s exclusive remedy for loss or damage of any kind arising from or related to parts or service provided by Main-Care Energy under this agreement is repair or replacement of the part provided by Main-Care Energy under this agreement. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE are made herein, and are expressly disclaimed to the extent permitted by law. The duration of any applicable limited warranty that cannot be disclaimed is limited to the one-year term of this limited warranty.

8. All contracts cover only those repairs and replacement parts which result from normal operation of equipment, during the effective period of the contract. Any person other than a Main-Care Energy employee rendering repairs or adjustments to the equipment, except as instructed by Main-Care Energy, will void contract coverage.

9. When it is no longer practical to continue servicing customer’s equipment, due to age, condition or obsolescence, Main-Care Energy reserves the right to terminate this contract. However, Main-Care Energy, with customer’s approval and at customer’s expense will modernize customer’s equipment which will continue this contract.

10. Main-Care Energy shall not be liable for, and the customer shall release and hold Main-Care Energy harmless from, any loss, cost or damage of any kind, including but not limited to incidental, special or consequential damages, environmental clean up, property damage, or waste disposal service incurred by customer or by third parties, arising from or related to:

a. Any leak from or failure of any part of system, including any tank that has been tested ultrasonically and is enrolled in the TankSure Program; or

b. Any condition beyond Main-Care Energy’s control, including but not limited to:

i. the customer’s failure to use ordinary care in the operation of or maintenance of any equipment, including but not limited to: customer’s failure to keep adequate water in boiler, customer’s failure to have sufficient fuel oil in the tank (unless oil is being delivered under our automatic delivery program), customer’s failure to turn on main switch or circuit breakers, blown fuses or any other failure of an electrical system, improper thermostat settings or faulty thermostat, debris build up in the air or venting systems, or any other cause related to the improper operation or maintenance of the equipment by the customer; or

ii. unattended or unoccupied buildings, riot, fire, explosion, flood, freezing, power loss or surge, oil leakage, water damage, fuel flow problem due to outside fuel storage, strike, war or acts of God.

11. Main-Care Energy will provide service as soon as practical, during regular business hours under normal conditions or on an emergency basis if necessary. Main-Care Energy will not be liable for any delay or failure to provide service due to conditions beyond its control, including but not limited to any condition listed in paragraph 10 of this agreement, Acts of God, labor disturbances or strikes, unavailability of mechanics or parts, failure or interruption of customer’s electricity, inaccessibility of the heating system, storms, floods, or other severe weather conditions, or government laws or regulations.

12. All parts, equipment and/or labor not covered under a contract will be charged to the customer at prevailing rates and are payable in full (with credit approval) within 30 days of work completion.

13. Scheduled servicing appointments, including annual tune-ups, not cancelled with Main-Care Energy prior to arrival of service technician are subject to a one (1) hour labor charge at prevailing rates.

14. $55 Gold & Gold Plus renewal allowance is for qualified customers which can only be applied to the total cost of service contract and is not cash refundable. Service provided on hot water option or any additional covered system will void the $55 renewal allowance.

15. Not all parts are readily available. We will not be responsible for any problems that occur while waiting for parts.

16. Programs and prices may be subject to change without notice.

Additional Exclusions for Hot Water Options:

17. Tankless coil will be cleaned when the water flow rate is less than 1 gallon per minute and at the company’s convenience. One (1) coil cleaning per contract period, if necessary. This is considered to be repair servicing & will void the $55 Renewal Rebate for the contract period; and will also permanently void repair/replacement of the tankless coil. Repeated servicing or coil/tank flushing due to water quality or other conditions beyond Main-Care Energy’s control will void coverage under the hot water option.

18. Main-Care Energy Service Plans do not cover complete replacement of tank or burner assembly.

Additional Exclusions Applicable to All Contracts:

19. Except as specifically provided in paragraph 20 below, Main-Care Energy Service Plans do not cover: heat pumps, boiler sections, heat exchangers, pulse type heating units, evaporator coils, specialty controls or proprietary parts not normally available to Main-Care Energy, complete replacement of any covered comfort system, hot water and steam heat piping, warm air duct work, oil tanks, lines, fill & vent piping, gauges & whistle, power vents, condensing units, thermostats and wiring, electric switches and wiring, compressors, natural gas piping, customer owned propane tanks, piping & regulators, Freon, Freon recovery and antifreeze.

20. TankSure® Program. Main-Care Energy may, at its sole discretion, elect to enroll a residential heating oil tank in the TankSure® Program, which provides a corrosion protection agent to inhibit corrosion in your tank, tank testing service and the TankSure® Program one-year Limited Warranty. Only a residential above-ground heating oil tank with a maximum capacity of 550 gallons, which in Main-Care Energy’s opinion has successfully passed an ultrasonic tank test performed by Main-Care Energy’s technician can be accepted for enrollment in the TankSure® Program. Once a tank is enrolled in the TankSure® Program, if the tank leaks within one year after the corrosion protection agent is installed in the tank, or if Main-Care Energy in its sole discretion identifies the tank for proactive replacement by the TankSure® Tank Analysis Software, Main-Care Energy will pay up to $1,000 towards the replacement of the enrolled tank in accordance with the terms of the TankSure® Limited Warranty. A Warranty Certificate will be provided to you for each enrolled tank. Your receipt of the Warranty Certificate will confirm your tank’s enrollment in the TankSure® program. The TankSure® Limited Warranty provides your exclusive remedy for any and all damage or loss arising from or related to any oil tank. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, are made herein, and are expressly disclaimed to the extent permitted by law. The duration of any applicable implied warranty that cannot be disclaimed is limited to the one-year term of this limited warranty.