Small Business Energy Supplier

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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.

Covered Parts/Service: The program covers the following parts for one electric central air conditioner up to a maximum of $1,000 for parts and labor per calendar year: compressors, condenser and evaporator coils, reversing valves, refrigerant replacement, solenoid valves, bearings/shafts, belts and pulleys, blower assembly, blower motor, blower pulleys, capacitors, circuit boards, condenser motor/fans, contactor switches, delay timers, fan belt, fan controls, fan relays, fuses (internal), limit controls, motors, line set, operating relays, service valves, schrader valves, thermostats (standard/regular), transformers, and energy-saving thermostats.

Exclusions & Limitations: Exclusions include, but are not limited to: cleaning, maintenance or balancing of system, or auxiliary equipment such as air ducts, air filters, electronic air cleaners, room air conditioners, and humidifiers. The program does not cover repair of drywall as a result of repairs and/or service.

Covered Parts/Service: The program covers repairs to interior electrical wiring at your business up to a maximum of $1,000 for parts and labor per calendar year. The program covers standard copper wiring, clock or energy-saving thermostat, circuit breakers, breaker panels, doorbells, standard wall outlets (including GFCI), standard wall switches, and dimmers. The program is only available for businesses with electrical service rated at or below 400 amps.

Exclusions & Limitations: Exclusions include, but are not limited to: maintenance of electrical lines, service entry cables or any appliances connected to the electrical system such as but not limited to refrigerators, stoves, cook tops, washers, dryers, lighting fixtures, ceiling fans, or security systems, and the cost of replacing incorrectly sized wiring systems. Exclusions include, but are not limited to: maintenance of electrical lines, service entry cables or any appliances connected to the electrical system such as but not limited to refrigerators, stoves, cook tops, washers, dryers, lighting fixtures, ceiling fans, or security systems, and the cost of replacing incorrectly sized wiring systems. Also, the program will not cover the cost of moving or updating an electrical line to meet code, law, ordinance, or because the repair, move or update was recommended by the municipal inspector, manufacturer, or electric company. The program does not cover repair of drywall as a result of repairs and/or service.

1. This program covers the central air conditioning unit and electric lines for active commercial customers purchasing their electricity service from Agway Energy Services only.

2. The EnergyGuard™ Program does not cover pre-existing conditions with customer’s electrical or central air conditioning system.

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 service.

5. This program may be subject to prior Agway Energy Services inspection and approval of customer’s equipment as suitable for inclusion under this program.

6. This program does not include cleanings, annual tune-ups, or improvements that are designed to bring system/wiring up to code.

7. This program covers only those repairs and replacement of parts specified herein which result from normal operation of equipment, during the effective period of the program.

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 program 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 any other event outside the control of 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 equipment or any other cause unrelated to normal operation of equipment or which may affect Agway Energy Services’ ability to fulfill its obligations under the terms of this program.

11. 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 program 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 program.

12. Agway Energy Services shall not be liable for any direct consequential or incidental damages in any way arising out of performance or nonperformance under this program.

13. This program cannot be assigned without the prior written consent of Agway Energy Services.

14. 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.

15. All parts, equipment and/or labor related to repairs not covered under this program will be charged to customer at prevailing rates.

16. The customer’s request for program services from Agway Energy Services shall constitute acceptance of the terms and conditions described herein.