Pricing Protection: General Terms and Conditions

• Our pricing plans, other than our regular retail pricing plan, are for credit approved automatic delivery customers only. Automatic delivery is the most efficient way for us to schedule, route, and deliver fuel. It keeps our costs down and that – keeps your costs down.
  
  
• Our programs are designed for heating oil and propane customers only, (both home and business accounts).
  
  
• Account must be in good credit standing with no outstanding balance on account.
  
  
• All fuel purchased during the program year, must be purchased from Deiter Bros.
  
  
• Pre-purchased This plan provides for a firm-fixed price throughout the plan year. Gallons are not refundable and do not carry over to the next year. Because we must pre-purchase this product for you, we cannot carry any unused gallons into another season. If you have gallons remaining on May 1, there will be a restocking fee of 50%. Therefore it is important that you pre-purchase only those gallons that you are certain you will use. Should you move during the plan year, please remember to include your credit at time of settlement. We will gladly transfer it to the new homeowner provided they become a credit approved automatic delivery customer. As deliveries are made, pre-purchased fuel is delivered first. Any additional fuel required will be delivered at our established price on the day of delivery. If customer runs out of program gallons prior to May 1, Deiter Bros. will deliver, when required by automatic delivery calculations, at market price. Automatic delivery continues beyond program expiration unless notified by customer, 30 days in advance, to discontinue.
  
  
• BETTERWAY PLAN WITH CAP – This plan runs from June 1 through May 31st. Under this plan, the price you pay for fuel will not exceed the published cap price. A fee is charged for cap protection. This fee covers our cost to purchase the hedges required to guarantee the price cap. We charge your account the entire fee in the beginning of the BetterWay Budget Plan year. We pay these fees to our broker in advance. Therefore, no refunds will be made for cap fees once they are charged to your account.
  
  
• BetterWay Budget plan payments are due on the 1st of the month. They will be considered past due after the 10th. Finance charges and loss of rebate on any credit balance will occur in the event payment is late. Budget payments may be increased or decreased if the quantity or price is higher or lower than the estimate used to establish your payment. Customer agrees to any price adjustment.
  
  
• Limited quantities are available for various programs. Therefore, gallons are sold on a first-come first-served basis. Prices are subject to change without notice.
  
  
• TAXES AND OTHER CHARGES. All taxes, present and future, (manufacturer's tax, retailers occupation tax, use tax, excise tax, duty, customs, inspection or test fees, utilities, or any other tax, fee, or charge of any nature whatsoever) imposed by any governmental authority or municipality on or measured by the transaction between Company and Customer, shall be paid by Customer in addition to the price quoted or invoiced. In the event Company is required to pay any liability for such tax, the Buyer shall indemnify Company and hold Company harmless from and against any liability relating to such tax. This indemnification and holding harmless shall also apply to any liability resulting from any exemption certificate or other indication of exempt status provided by Customer not being applicable to the authority imposing the same.
  
  
• PRICE CAP ONLY - This plan is for all customers regardless of whether or not your deliveries are made automatically. The plan covers a maximum of 1000 gallons in any plan term. Additional gallons may be covered for an additional fee. CAP plans are not refundable. We charge your account the entire fee in advance because we pay for this protection in advance. Therefore, no refunds will be made for cap fees once they are charged to your account. Most plans are for a minimum term of 12 months however the terms for the CAP plans do vary and are fully described at time of purchase.

Maintenance Agreements: General Terms and Conditions

PLANNED MAINTENANCE AGREEMENT:

Oil, Gas, Central Air and Propane systems: This plan covers 1 annual planned maintenance visit. This plan also provides a 15% discount for any repairs required for the plan year. For Oil systems, our TankSure® program may be part of the plan, if selected.

Heat Pump systems: Same as above but 2 visits are included.

TOTAL COMFORT PLAN:

This Service Plan is available to automatic delivery customers who purchase their fuel oil and all heating systems services from us during the term of the Plan and whose payments are in accordance with our payment and credit terms. The Service Plan becomes effective after payment has been received and our inspection and approval of your heating system and tank. This coverage includes 1 planned maintenance visit. This plan also includes most parts and labor. The parts covered by this plan are listed on the plan document. On the first non-covered call, there is a deductible of $50.00. This deductible is only applied on the first call in each plan year. The deductible amount may change without notice.

GENERATOR MAINTENANCE AGREEMENT:

1. Customer Responsibility: The customer or customer's authorized agent shall maintain a visual inspection procedure to ensure that unit is operational between service calls. These procedures should include, but not be limited to, observing fluids leaking from the unit, keeping debris and landscape material from accumulating in and around the unit, ensuring that the unit exercises as programmed, and making sure there are no warning lights or sounds that would indicate a problem. These procedures should be followed to help minimize possible emergency service needs and assure minimum maintenance costs. Deiter Bros. shall maintain a complete service history of the equipment. This agreement is to keep your unit in prime working condition by visual inspection and testing. Deiter Bros. does not warranty or guarantee any operational loss. It is agreed that the agreement covers only those items as outlined on the second page of this agreement and it does not include any expense to repair damage caused by improper operation, accident, theft, acts of nature, or alteration of equipment. After each inspection, the customer will be furnished a written report detailing any conditions found and advising further service required, if any, to assure operation dependability of the equipment under contract.
   
   
2. Emergency Service: We offer 24-hour emergency service. Emergency service between scheduled service dates will be provided at rates in effect at time of service for labor, parts and travel time. (Service agreement customers receive a reduced labor rate of 10%)
   
   
3. Other Charges: No services or materials are covered under this contract unless specifically referred to herein. Replacement parts will be billed at prices prevailing at time of use.
   
   
4. Taxes: Prices do not include federal, state, or local taxes. If any such taxes are imposed, we will bill them to the customer as separate item. Tax exempt customers must provide us with a tax exemption certificate.
   
   
5. Renewal: This contract is self-renewing unless canceled in writing by either party with thirty days' notice.
   
   
6. Payment Information: Payment of the annual amount is due even if cancelled early. Payment is due in full upon receipt of Invoice. All expenses incurred in collecting amounts owed, including, but not limited to, reasonable attorney fees, will be paid by the Customer. It is agreed upon that venue lies with the Magisterial District Court 03-2-11, then Northampton County Court.
   
   
7. Warranty: Our products and services are warranted for one (1) year to be free from defects in material and workmanship. Specific products are warranted by the manufacturer. Labor costs arising from defects of these items are not covered warranty. This is a Limited Warranty and it is hereby expressly limited to labor and to be free from defects in material. All other warranties are hereby waived.

General Terms

1. The term of the Plan is for a one (1) year period and will renew automatically every year unless terminated by either the customer or Company. Our Plan automatically terminates if the customer no longer purchases all of its heating oil from the Company on the Automatic delivery program and will not be renewed if annual consumption is found to be less than 500 gallons. NO REFUNDS will be issued if the Plan is canceled.
   
   
2. Repairs or services not covered by the Plan will be performed and charged to the customer at prevailing rates.
   
   
3. In addition, the Service Plan may include the TankSure® Program which provides a corrosion protection agent to prevent corrosion in your tank, tank testing service and the TankSure® Program Limited Warranty. An ultrasonic tank test will be performed by our technician before your tank can be accepted for enrollment in the TankSure® Program. While we cannot guarantee the prevention of a leak or other failure of your tank, we are providing these new services with the hope that by testing and monitoring, we are offering a long-term proactive tank replacement program for our customers. We recommend that an annual test of your fuel tank be performed. If a tank leak occurs due to corrosion once you are on the program, or a tank leak occurs due to a manufacturer's defect or a nonleaking tank is identified for proactive replacement by the TankSure® Tank Analysis Software the Company will pay up to $1,000 towards the replacement of your tank in accordance with the terms of the TankSure® Program Limited Warranty. A Warranty Certificate will be provided to you.
   
   
4. The Service Plan does not cover labor or materials to repair damage to the heating system or residence caused by the customer's neglect such as insufficient water for boiler, blown fuses or other failure of electrical system, improper thermostat settings, having heating system switches in the "OFF" position, debris build up in the air or venting systems and other causes related to the improper operation or maintenance of the heating system by the customer. Damage, repairs or replacement of parts or components caused by Acts of God, fire, flood, freezing, storm or weather conditions, power loss or surges, water damage, and fuel flow problems due to outside fuel storage are not covered by the Plan.
   
   
5. Company will provide service as soon as practical, during regular business hours under normal conditions or on an emergency basis if necessary. Company will not be liable for any delay or failure to provide service due to conditions beyond its control such as 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.
   
   
6. The Service Plan only covers heating system parts and components specified in the Plan. Examples of components not covered by the Plan include boiler and furnace and related piping, underground oil storage tanks, above ground storage tanks (unless enrolled in TankSure® Program), tanks with preexisting leaks, patches or unstable conditions, air conditioning systems, humidifiers, heat pumps, heat exchangers, hot water heating systems (unless purchased separately) and air and venting systems. The Plan does not cover environmental clean up, property damage, waste disposal services or other damages or losses caused by a tank leak or system failure even if the tank has been tested ultrasonically and is enrolled in the TankSure® Program.
   
   
7. The Service Plan is subject to inspection of the system. System must be in proper working order prior to the Service Plan becoming effective.
   
   
8. Customer agrees to release and hold Company harmless from all claims related to losses, costs, or damage to personal or real property caused by fire, explosion, flood, freezing, power loss or surges, oil leakage, and premises left unattended. Customer agrees that Company shall not be liable for any incidental, special or consequential damages incurred by customer or by third parties.
   
   

Residential Credit Policy

It is a pleasure for us to offer the convenience of credit to our customers. However, this courtesy is at our sole discretion and is generally only extended to those who pay our invoices within our stated terms.

We offer various credit options in order to accommodate most budgets and lifestyles. The following is a brief description of each:

1. Our Standard Credit Terms - All invoices for Fuel are due within 10 days in order to be eligible for our prompt pay discount. Fuel invoices are due, in full, with 30 days of the invoice date.
   
   Invoices for Service work, are due in full upon completion of service performed. Invoices for our Planned Maintenance Agreements are due within 15 days of the invoice date.
   
   
2. "Better Way" Plan - You can start on our budget plan in any month. The budget plan is a 12-month plan. 12 coupons are issued to you for payment. Payments are due on the first of every month. This plan is for fuel deliveries only and does not include service work. You may include your Maintenance Agreement in our Budget plan.
   
   
3. Credit Cards - We accept Visa, MasterCard, American Express and Discover Card. You may use them on a per invoice basis or you can authorize us to pay each invoice with the card of your choice.
   
   
4. Bank Draft - You can have your payments automatically drafted from your bank savings or checking account. Great for Budgets!
   
   

Additional Policies

Returned Checks - We charge $50.00 for a returned check. Any discounts given at the time of payment are charged back to the account.

Statement Fee - A statement fee of $1.00 per statement will be charged for each statement issued. Statement fees are not charged to those customers with a zero or credit balance. Statement fees are not charged to those customers utilizing our BetterWay payment plan or for those on "Paperless" billing.

Finance Charges - Balances over 30 days will be assessed finance charges at the rate of 21% per year 1.75% per month. The minimum Finance Charge will be $2.00.

Cash Only Rating - For any of the following reason your account with us may be given a "Cash only" rating;

1. More than 1 returned check
2. Failure to pay Finance or returned check charges
3. Being on Credit Hold more than 3 times
4. Failure to respond to our call or letters concerning your account balance
5. Failure to make payment when promised

Collection of Past Due Amounts - It is our policy to ensure that all of our accounts are within terms. Accounts that exceed our terms will be placed on credit hold. While on credit hold no further credit will be extended until payment arrangements are made or the account has been made current. Accounts that have not made acceptable payment arrangements will be placed for collection with a Magistrate. All costs for collection will be added to the customer's account and finance charges will continue to accrue. The Finance charges are in addition to collection costs of 15% and Attorney's fees.

Customer consents to the personal jurisdiction of District Court 03-02-11 and/or, where applicable, and at the discretion of Deiter Bros., the personal jurisdiction of the Court of Common Pleas of Northampton County, Pennsylvania, and the United States Federal District Court in the Eastern District of Pennsylvania. Customer agrees no to raise any objection to such jurisdiction or the laying of venue in Northampton County, Pennsylvania.

Fleet Fueling: Terms and Conditions

1. Purchaser shall be responsible for all purchases of any other person using cardlock cards issued to Purchaser, regardless of whether use by any other person is unauthorized or fraudulent.
   
   
2. If there is any change in the ownership of Purchaser or if substantially all of the assets of Purchaser are sold, Purchaser shall promptly notify Supplier of such sale and Supplier shall have a lien on all the assets of Purchaser and a lien on the proceeds of such sale to secure payment of all outstanding sums owing to supplier.
   
   
3. Customer will read and comply with Pennsylvania State Fire Marshall Training materials provided by Deiter Bros.
   
   
4. Purchaser represents that it and any person using the cardlock cards delivered to Purchaser are and shall be aware of the proper use of the cardlock system and shall use safe practices in compliance with the regulations of the local Fire Code in the handling of the fuels dispensed from the cardlock system. Purchaser agrees to indemnify and hold Supplier harmless from any claims and costs including, but expressly not limited to, those for bodily injury and property damage which may be occasioned by the negligence or misuse of the cardlock system by Purchaser or any person using the cardlock system with cardlock cards delivered to Purchaser hereunder.
   
   
5. Supplier shall use its best efforts to maintain the cardlock system in good working order and condition at its expense, provided, however, Supplier shall not be responsible for any damage or loss which may result from its failure to provide fuel or the failure of the cardlock system in any manner whatsoever. Purchaser agrees that it and any person using the cardlock cards delivered to Purchaser shall promptly notify Supplier of any malfunctioning of the cardlock system of which Purchaser or such person is aware.
   
   
6. Purchaser's right to purchase fuel through the cardlock system may be terminated immediately upon any breach of any of the terms hereof or of any other agreement with Supplier and may be terminated upon 30 days notice by either party. Upon termination Purchaser agrees to immediately surrender all cardlock cards issued to Purchaser and to immediately pay all outstanding sums owing to Supplier.
   
   
7. Purchaser agrees that the principal balance of every invoice shall be due and payable in full within 15 days of invoice date. Purchaser agrees to pay a past-due service charge computed on the basis of 1-1/2% per month (equivalent to 18% per annum) on all sums due to Deiter Bros. which have not been paid when due. Purchaser further agrees to promptly pay said past-due service charge. The past-due service charge is due and payable when invoiced, and an additional past-due service charge computed on the same basis, will be due and payable every thirty (30) days thereafter. Waiver of any one or more past-due service charges shall not be deemed to be a waiver of future past-due service charges.
   
   
8. In the event that Deiter Bros. commences action seeking payment of any sums due it from Purchaser and/or Purchaser is in default of this agreement, even if no litigation is commenced, the Applicant agrees to pay Deiter Bros's reasonable collection agency, attorney and/or court costs including those of or in any way related to Purchaser's default under this Agreement.
   
   
9. This Agreement shall bind and inure to the benefit of, as the circumstance may require, not only to the immediate parties hereto but their respective heirs, executors, administrators, personal representatives, successors in interest and assigns, as well.
   
   
10. This access card is to be used to initiate a Pacific Pride, Amerinet or Pridenet transaction. This access card is not a credit card.
    
    
11. Applicant consents to the jurisdiction of the Courts of the Commonwealth of Pennsylvania and agrees that venue for such suit or action shall be the Courts of Northampton County.