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TERMS AND CONDITIONS

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  I.            DEFINITIONS

Words in bold have the following meanings:

A.      Cleanup- to remove, treat, or test soil contaminated by fuel oil released from your fuel oil tank which are present on your property. The amount or extent of cleanup is defined in Section III below and does not depend on any environmental law, code, limit or similar requirement.

B.      Cleanup Costs- the cost of removing, treating or testing soil contaminated by fuel oil released form your fuel oil tank which is present on your property.

C.      Fuel oil tank- a vessel designed and approved for the storage of #2 fuel oil located at the tank address provided to us and has been accepted into the Oil Tank Management Plan after inspection and is within the annual payment period.

D.      Our, us or we- Renewable Energy Services, Inc. and any contractor hired by Renewable Energy Services, Inc.

E.       Property damage- physical injury to tangible property including loss of use of that property.

F.       Third Party- Any individual or company who is not included in Us

G.     You or your- is the homeowner whose signature appears on this contract. You will include any member of an individual homeowner’s household who is a permanent resident at the time of the signing of this contract and at the time of cleanup.

H.      Your property- property which is owned by you.

I.        Voluntary- the removal of any part of the fuel oil tank by you or at your direction with or without knowledge of a release or knowledge of a defect in your fuel oil tank.  Any tank removal which is performed as a component of due diligence associated with a Real Estate transaction, by any third party, will also be considered a voluntary pull.

J.        Plan- is this written agreement between you and Renewable Energy Services, Inc.

 

II.            Fuel Oil Release Service (Spill)

A.      The term of this Oil Tank Management Plan is effective for one year from the date signed until 12:01 AM on the expiration date indicted below.  This agreement will be issued within 30 days of the completion of the following:

1.       Application and inspection fee received by us.

2.       Completed inspection by a Renewable Energy Services, Inc. approved Inspection Company.  Inspection results deemed satisfactory by us.

3.       Management Plan payment received.

B.      We will cleanup at our expense, soil contaminated as a result of fuel oil being released from your fuel  oil tank as a result of corrosion.  For this service to apply, you must immediately report the release to us during the term of the contract in which the release occurred.  The tank must be pumped free of liquid within forty-eight hours and removed at your expense by a Renewable Energy Services, Inc.’s approved contractor within two weeks of discovery.

C.      Renewable Energy Services, Inc. reserves the right not to accept any tank test results and we reserve the right to refuse offering this plan.  We reserve the right to refuse to offer the plan based on inspection results or other factors.

D.      Our obligations are limited to the amounts set forth in Section III below.

E.       Once issued this plan is fully transferrable, with a minimum of fifteen day written notice to us, prior to property sale.  Renewable Energy Services, Inc. will issue an executed transfer document indicated acknowledgement of the transfer including dates of coverage to the new property owner.

III.            Cleanup costs-

F.       You will be responsible for $1000 deductible toward cleanup costs.  This deductible will not reduce the maximum amount we pay as described above in this section.

G.     Coverage by this Oil Tank Management Plan is secondary to any manufacturer’s warranty or homeowner’s policy coverage.  Claims assistance is provided within this plan.  Upon signing this document you agree to approve Renewable Energy Services, Inc., or its assignee, as your public adjuster.

H.      The amount we will pay for cleanup costs resulting from a single release is $50,000 even if the cleanup continues during the renewal of this agreement.  The amount we will pay for cleanup costs will be for soil remediation and associated consulting is $50,000 which relates to one episode only.  We will pay up to $2000 towards the purchase of a new tank.  We will pay up to $1000 for personal property damage. 

I.        The extent of the cleanup will be determined by NY State DEC guidelines and any other municipal or regulatory requirements which apply. 

J.        Groundwater assessment and remediation are not included.  Soils in or with groundwater are not included.

IV.            Your Responsibility-

 In the event of a fuel oil release, before we will pay for cleanup under Section III of this plan, you must comply with the following:

A.      A Renewable Energy Services, Inc. pre inspection must be performed and accepted prior to the issuance of this agreement.  The cost of which is separate and above the annual cost for the Oil Tank Management plan.

B.      Notify us immediately (within 24 hours) of discovering a release.  Your failure to notify Renewable Energy Services, Inc., within 24 hours of discovering the release, will void the cleanup coverage provided in this plan. You agree to cooperate with us to the fullest extent possible in performing and investigating the cleanup.

C.      Do not cleanup any fuel oil as a result of a release or replace the tank or any part of the fuel oil tank without our written consent.  You further agree to assist Renewable Energy Services, Inc. in the filing of any and all Homeowners Insurance claims, Municipal Funds or any other sources of coverage.

D.      All consulting, testing, investigatory, reporting and oversight, as well as cause and origin determination to ascertain whether the Plan applies to the leak must be performed by Renewable Energy Services, Inc. or our approved consultant. Renewable Energy Services, Inc. will make the final determination on all contractual issues. 

E.       Tank removal cleanup and site restoration must be performed by Renewable Energy Services, Inc. approved contractors.

F.       You agree to install a new fuel oil system prior to the commencement of cleanup.

                             

V.            Exclusions-

When the Oil Tank Protection Plan Does Not Apply:

A.      For any liability arising out of your knowing failure to comply with any law, or any order or directive of any governmental authority.

B.      To a voluntary pull

C.      To pay any filling fees of any kind.

D.      For costs, charges or expenses associated with the removal of a tank that has not had a release.

E.       If your fuel oil tank is not active, in service or connected at the time the release begins.  Active means the fuel oil tank contains oil which is the source of fuel and is connected to the equipment that heats your home.

F.       If the release is not home heating fuel.

G.     If your heating oil storage tank exceeds 1000 gallons.

H.      To the additional costs of replacement or repair for upgrading of any fuel oil tank or part thereof, or costs of replacing lost fuel oil from your system.

I.        To any physical property damage including restoration in excess of $1000, caused by the release resulting from remediation efforts other than contaminated soil removal incurred on your property.

J.        To loss from any decrease in the value of property or to lost revenues profits, extra expenses or any other form of consequential loss.

K.      To any bodily injury to any person caused by release.

L.       To any liability to a third party including any bodily injury, property damage ground water or cleanup costs.

M.    To cleanup required under any law including, but not limited to, as a prerequisite to selling, transferring or closing down any property or business, and or any government mandated tank replacement or testing.

N.     To a release from any other container not included in your fuel oil tank including watercraft, automobiles, or other land conveyances.  This Plan does not apply to loading or unloading fuel oil from any vehicle owned by you or any third party.

O.     To a release as the result of anything other than corrosion of the tank.

P.      For any costs, charges or expenses associated with the removal, relocation or movement of any structure or fixture that prevent unobstructed access to the fuel oil tank or contaminated soil.

Q.     The cost to remove a tank.

R.      Tanks not properly installed including, but not limited to, improper tank or materials, improper installation, interior AST without concrete floor or exterior AST without concrete pad.

S.       To any releases resultant from the asphalt coating of your fuel oil tank.

T.       To a release discovered as part of the due diligence associated with a real estate transaction.

U.     To a release directly or indirectly caused by any earth movement, such as: earthquake; landslide; mine subsidence; earth sinking, rising or shifting

V.      To any obligation or cost arising from war, civil war, act of foreign enemy, hostilities (whether war is declared or not) rebellion, revolution, insurrection or military or usurped power, strike, riot or civil commotion;

 

VI.            Other  Cleanup Provisions

A.      If we pay any cleanup costs, your rights to recover from any third party, including any insurer or government fund, for such cleanup costs or tank repair or replacement costs belong to us up to the amount we have paid.  You agree to do all that is necessary to immediately involve any insurer of yours or government fund, preserve such rights of recovery and to assist us in obtaining any such recovery.  This includes signing any necessary documents and filling out necessary applications.

B.      Any dispute between you and us regarding the service afforded by this Plan shall be referred to the State Arbitration Association, to be conducted according to its rules then in effect. 

C.      This Plan may be transferred to a new owner if you have fulfilled all applicable terms and conditions of this Plan.  This Plan shall remain in full force and effect provided that all its applicable terms and conditions are fulfilled and maintained by the new owner.  You must notify us of your intent to transfer the Plan, in writing at least fifteen days prior to the sale.

D.       Our liability to you is limited to the terms enumerated in this Plan.

E.       The cost of this Plan is non-refundable. 

F.       All transactions must be done in writing.

VII.            Termination and Default

The following actions by you or any third party terminates this contract immediately:

A.      Permit anyone other than Renewable Energy Services, Inc. or our approved contractors to oversee, do testing and file reports related to the release.  Permit any person other than Renewable Energy Services, Inc. or our approved contractor to cleanup a fuel oil release.

B.      Any work on the tank, including lines, fill, vent, alarm or piping.

C.      Fail to maintain an acceptable credit rating with us or fail to pay in full any bill to us.

D.      Use any alternate fuel devise or alternate fuel for your fuel oil tank.

E.       Make any false statements in connection with applying for or in making a claim under this Contract.

F.       A change in the source of home heating energy other than oil.

G.     Failure to purchase all of your fuel oil needs from the fuel oil supplier identified at the time of application for this Plan.

H.      A voluntary tank pull.

VIII.            No verbal Agreements

 Renewable Energy Services, Inc. and You agree that there are no promises, terms, conditions or obligations between the parties, which are not already contained in the Plan.  Statements made by our representative which are not contained in this Plan shall not be relied upon by you and are not part of this agreement.  Your signature on this document acknowledges your acceptance of the terms and conditions here in.