General Conditions

1. These plans only cover regular service or maintenance calls during Wilson’s normal business hours on Wilson’s normal business days. Wilson also provides emergency service at no charge to customers who are enrolled under the Elite Service Plan or the Maximum Protection Plan if such customers also receive delivery of all heating oil requirements exclusively from Wilson. Emergency service is defined as a service call required due to no heat, no hot water, oil odor, oil leak or smoke. If nonemergency service calls are made at night or Saturdays, Sundays or holidays, the customer agrees to pay a per-call charge based on the company’s current surcharge rates as such service calls are not covered under any Wilson service plan.
2. Wilson agrees to tender service under the plans described for one year from the month in which the customer enrolled in the plan. Customers not enrolled in the Elite Service Plan or the Maximum Protection Plan will be charged for any service calls at Wilson’s standard rates. Elite Service Plan and the Maximum Protection Plan are only available to customers who are enrolled under a heating oil price protection plan pursuant to a customer agreement with Wilson. Additionally, customers who are not enrolled under Wilson’s automatic delivery program must also have purchased a minimum of 600 gallons of heating oil form Wilson in the prior twelve (12) month period to be eligible for a service plan.
3. Customer’s Elite Service Plan or the Maximum Protection Plan (as applicable) will automatically renew each year unless terminated by either party. Customer can terminate the renewal of the applicable service plan by notifying Wilson of such termination by written letter, email or telephone call. Once annually, Wilson will charge Customer the nonrefundable annual fee under the Elite Service Plan or the Maximum Protection Plan, as applicable. Customer’s payment of the annual fee shall constitute customer’s acceptance of the applicable plan for another renewal term. If customer is billed by Wilson under the Monthly Payment Plan, the annual fee will be payable by customer in twelve (12) installments, but payment of the first installment for the renewal year indicates customer’s acceptance of the plan for the entire renewal year and customer is required to make all twelve (12) installment payments. THE SERVICE PLAN IS NOT WRITTEN ON A PRORATED BASIS AND NO REFUND WILL BE MADE IF A SERVICE PLAN IS CANCELLED BY THE CUSTOMER BEFORE ITS NORMAL EXPIRATION DATE.
4. Should you sell your home within the coverage period, the plan can be transferred to the new owners for the remainder of the plan year.
5. The service plans at prices quoted are for ordinary residential or comparably sized commercial heating systems that fire up to a rate of 2.5 gph.
6. Wilson shall not be held liable for inability to supply or obtain obsolete parts that are no longer available through normal supply channels. G.E. AND ROTARY BURNERS AND BLUE RAY BURNERS, FURNACES OR BOILERS WILL NOT BE COVERED UNDER SERVICE PLANS. This service plan does not cover replacement of a complete boiler, furnace, burner or humidifier, piping, domestic water, hot water bottles, Space-Gard air filters, electronic air filters, boiler compounds, indirect hot water tanks, energy-saving devices, frozen oil lines or any parts not mentioned in the plan.
7. A finance charge of 1-1/2% per month—an annual percentage rate of 18%—will be charged on fees or charges not paid thirty (30) days from invoice or statement date. If customer’s account is delinquent, collection costs and related attorney fees may also be charged. SERVICE PLANS WILL NOT BE HONORED BY Wilson IF CUSTOMER’S ACCOUNT IS 90 DAYS OVERDUE.
8. It is agreed that if any tax or other charges are imposed by a governmental authority with respect to the sale, delivery or use of the products or services covered hereby, such will be added to the price to be paid by the customer. This service plan does not cover service or the repair or replacement of oil burner parts required as the result of abnormal conditions such as war, fire, flood, hurricane, explosion, riots, acts of enemies, terrorism, strikes, acts of God or other causes beyond the reasonable control of Wilson.
9. Wilson shall not be held responsible for damage or losses resulting from its failure to supply fuel oil (“runout”) or if the fulfillment of this service plan shall be delayed or prevented by war, fire, flood, hurricane, explosion, riots, compliance with a governmental mandate, acts of enemies, terrorism, strikes, inability to secure mechanics, parts, materials or transportation, or by any other conditions not reasonably within its control.
10. Wilson reserves the right to reject any service agreement after inspection of the customer’s burner. The bill for service to be rendered under this service plan shall be considered Wilson’s final acceptance of this service plan with customer.
11. Wilson cannot assume responsibility for loss of heat or any damage resulting from a freeze-up in an occupied or unoccupied dwelling. It is the customer’s sole responsibility to arrange for a daily house check if customer is away from the premises.
12. Service plan customers who do not also receive automatic delivery from Wilson for heating oil will be charged for after-hours delivery of fuel oil at the current hourly rate. Emergency fuel oil deliveries for such “will call” customers are not covered by a service plan.
13. Wilson will not be responsible for “run-outs” when customer’s account is delinquent.
14. The Elite Service and Maximum Protection plans do not cover oil tanks. However, you may use your Loyalty Credits toward the purchase of a replacement tank.
15. Wilson is not liable for any environmental pollution or pollution cleanup due to tank rupture or oil leak of any sort.
16. There shall be no liability for any reason on the part of Wilson for work performed by anyone else, unless such person or persons are authorized in writing by Wilson to perform a specific service. IN NO EVENT WILL Wilson BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, WARRANTY, STRICT LIABILITY OR OTHERWISE RESULTING FROM THIS SERVICE PLAN.
17. This is a heating service plan only. If customer requests repair or replacement of a blower motor or related blower components during the cooling season, the replacement of the blower motor and any other blower component parts listed under the plan above will be replaced at no charge under the selected plan; however, customer will be charged for Wilson’s labor in connection with such replacement unless customer also has a Wilson air conditioning service plan.
18. If service is requested under this plan, Wilson expects and requires customer to be available to provide Wilson’s representative with access to customer’s premises. If customer is not available to provide such access upon Wilson’s arrival, customer may be charged a “no-show” fee equal to Wilson’s standard rate for one (1) hour of labor.
19. Customer is responsible for providing safe access to the delivery site in all weather conditions. Customer also acknowledges that the fuel storage tank is of sound condition, has a properly functioning vent alarm system, and is suitable for safe delivery and storage of heating oil. Wilson is responsible for the delivery of heating oil to the receiving pipe or outlet designated by customer. Customer agrees that neither Wilson nor its employees or agents are or shall be liable under any circumstances for any damages resulting from leaks or for the failure of the receiving tank or associated piping or any other matter. In the event that customer wishes to suspend service, or wishes to change, remove or otherwise alter the receiving tank or any associated piping, customer shall notify Wilson in writing at least ten (10) days prior to such change. Customer agrees that its failure to notify Wilson in the manner described above shall relieve Wilson of any liability resulting from its assumptions that a) service should be continued; or b) that any change, removal or other alteration of the receiving tank and associated piping has not been made.
20. Light commercial and commercial equipment is excluded from this service plan. Please call your salesperson for pricing on these systems.
21. Boiler purging, baseboard and radiator venting services are covered under Wilson’s Elite & Premier Service plans. Customers with an Elite Service Plan are entitled to have their hot water heating systems boiler, baseboards and/or radiators purged (vented) one time per year as part of the service plan. Any additional requests to purge the system will be subject to Wilson’s hourly service rate. Customers with a Premier Service Plan are entitled to have their hot water heating systems boiler, baseboards and/or radiators purged (vented) four times per year as part of the service plan. In the event it is determined by Wilson’s service department that there is a leak within the piping of the hydronic heating system or the boiler itself that requires a plumber to repair, it is the customer’s responsibility to contact their plumber to make the necessary repairs. If the customer does not follow Wilson’s recommendations, the customer agrees to pay Wilson’s hourly service rates for repeated service calls to purge the hydronic heating system.