1. This program covers the parts and labor for natural gas furnaces or boilers up to a maximum of $1,000 per calendar year for active commercial natural gas customers purchasing their natural gas service from Agway Energy Services only.
2. The EnergyGuard™ program does not cover pre-existing conditions.
3. To be eligible to receive EnergyGuard™ program benefits, customer must be active with Agway Energy Services for a minimum of 45 days.
4. Customer must own business to receive services.
5. This program may be subject to prior Agway Energy Services inspection and approval of customer’s heating and storage equipment as suitable for inclusion under this program.
6. This repair program does not include cleanings or annual tune-ups which can be purchased separately.
7. This program covers only those repairs and replacement of parts specified herein which result from normal operation of heating equipment, during the effective period of the agreement. Agway Energy Services has the right to terminate this agreement if any person other than an Agway Energy Services employee or its agent(s) renders repairs or adjustments to the equipment, except as instructed by Agway Energy Services.
8. This program does not cover water leaks, water damage, or damage caused by excessive dampness in customer’s basement.
9. Agway Energy Services shall not be liable for failure or delay in providing the service called for under this agreement if such failure or delay results from: strike or other labor disturbance; fire, flood, lightning or other acts of God; supply shortages; governmental laws or regulations; supplier’s inability to supply parts; or failure of customer’s supply of electricity, water, or natural gas from companies other than Agway Energy Services.
10. Agway Energy Services shall also not be liable under this program for customer failure to use ordinary care in the operation of heating equipment including, but not limited to, customer failure to keep adequate water in boiler (if applicable), blown fuses, failure to turn on main switch, thrown circuit breakers, or any other cause unrelated to normal operation of heating equipment or which may affect Agway Energy Services’ ability to fulfill its obligations under the terms of this agreement.
11. Agway Energy Services shall not be liable for gas flow problems directly related to storage equipment, transmission lines, and/or temperature.
12. When it is no longer practical to continue servicing customer’s equipment due to age or obsolescence, Agway Energy Services reserves the right to cancel this agreement at any time or Agway Energy Services will modernize customer’s equipment (with prior written customer approval and at customer’s expense) which will continue this agreement.
13. Agway Energy Services’ liability under this program is limited to the services specified herein. Agway Energy Services shall not be liable for any consequential or incidental damages in any way arising out of performance or nonperformance under this agreement. Agway Energy Services’ liability is limited to the payments made by the customer.
14. This program cannot be assigned without the prior written consent of Agway Energy Services.
15. The term of the agreement shall remain in effect for a customer only for such periods of time that Agway Energy Services provides the commodity to the customer and the customer timely pays for such commodity in full. The agreement shall terminate when Agway Energy Services no longer supplies the commodity to the customer. Agway Energy Services reserves the right to terminate the program, or modify these terms and conditions, at any time.
16. All parts, equipment and/or labor related to the parts and equipment not covered under this agreement will be charged to customer at prevailing rates. They are: humidifiers, flue devices, electronic air cleaners, heat distributing units (radiators, baseboard radiation, piping, duct work, etc.), boiler and jacket on hot water units or heat exchangers and jacket on warm air units, combustion chamber and chimney, water heater tank, domestic hot water coil and tempering valves, flow control valve, and motorized zone dampers.
17. The customer’s partial or full payment for their natural gas purchases from Agway Energy Services shall constitute acceptance of the terms and conditions described herein.