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Terms and Conditions

Bluewave Equipment Service Plan Terms and Conditions

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Parkland Fuel Corporation, doing business as Bluewave Energy (" Bluewave") is pleased to provide equipment service plans for furnace and boiler systems (the "Plan") to Bluewave customers who purchase home heating oil and/or propane from Bluewave. The Plan is subject to the terms and conditions as stated herein.

The plan will commence only once approved by the HVAC technician responsible to conduct an assessment of the existing equipment at a customer’s premises. The Plan will renew automatically on an annual basis (the "Term"), unless canceled by Bluewave at any time over the Term, or by customer at least thirty (30) days prior to the expiration of the Term or the renewed Term, as the case may be.

If the customer terminates this Agreement, Bluewave shall only be required to credit or refund the customer for that portion of the annual fee attributable to the remaining months left in the term less any outstanding service costs owing to Bluewave. This Agreement will automatically terminate

(a) If the customer uses home heating fuel other than that supplied by Bluewave,

(b) If the equipment is repaired, replaced or altered other than by an authorized Bluewave service technician, and

(c) if the customer refuses to allow Bluewave to inspect the equipment or to complete any repairs required to put the equipment into an acceptable condition as required pursuant to the terms of the Plan (collectively the "Events of Breach").

In the event of an occurrence of any Events of Breach, the customer shall not be entitled to the return of any monies paid under this Plan and Bluewave reserves the right to apply the value of the outstanding amounts owed by the customer pursuant to the Plan to the customer’s account or credit card on file.

All accounts must be approved by our credit department and must be in good standing in order to receive service under the Plan. The Plan requires the customer to purchase home heating fuels from Bluewave during the Term or any renewal thereto.

The Plan includes the following: parts replacement and repair: Bluewave agrees to repair or replace those parts of the equipment that are covered by the Plan (the "Parts Covered"), as outlined in the Parts Covered section (Please see Parts Coverage for a complete list of parts covered), and which become defective or malfunction due to normal use. For the replacement of parts, any amount that exceeds your $100 credit per part is not covered. Zone valves & circulators must have isolation valves to qualify for the Boiler PLUS Service Plan. Only 1 zone valve and circulator are eligible for replacement per year. Coverage for wood and oil furnace or any other type of duel fuel combination furnace applies only to the parts used for oil burning and does not cover failure of parts caused by the burning of other fuels. The coverage under this Plan applies only to domestic home heating equipment using standard high efficiency oil or propane burning equipment. The decision to repair or replace equipment shall remain solely with Bluewave.

The Customer agrees to provide Bluewave with access at reasonable times to the customer’s premises for the purpose of inspecting the equipment. All costs for repairs required to bring the equipment to code, is not covered under the Plan and shall remain the responsibility of the customer, and shall be payable at prevailing rates in full by the customer in order for coverage under the Plan to continue. Any determination for work required to be performed further to the equipment inspection by Bluewave will be reported to the customer, and will be commenced upon the prior written approval of the customer.

Bluewave reserves the right to terminate the Plan should the equipment become unserviceable.

The customer confirms that all heating equipment, oil storage tanks, and oil lines are the property of the customer.

Amounts owing under the Plan are payable in accordance with the customer’s payment terms with Bluewave, as set out in the application form and/or pre-authorization form completed and signed by the customer and submitted to Bluewave.

The Plan contains the entire agreement between Bluewave and the customer (other than payment terms) and Bluewave makes no representations or warranties other than those contained herein. Prices are subject to change at any time at the sole discretion of Bluewave.

Excluded Services, Maximum Coverage & Limitation of Liability: This Plan does not provide coverage for service calls for the following and such calls will be charged to the Customer at Bluewave’s prevailing service rates: Humidifiers; bleeding of radiators; dirty air filters; improper setting of a thermostat; blown fuses or tripped circuit breakers; emergency switches turned off in error; running out of fuel (if not on automatic delivery); removal of water from oil tanks; warm air zone dampers; power failures; water damage; repair or replacement of duct work or pipes; coils and domestic hot water components; checking heat exchangers for cracks; after hours calls, except for no heat or hot water; power ventors and their components; direct vents and their components - chimneys and their components - commercial zone control valves - setback thermostats - in-floor heating components - frozen oil lines. The Plan is restricted to geographic locations. Damage caused by fire, flood, acts of God, storm, accident or any other extraneous cause are not covered by the Plan. Bluewave shall not be liable for damage resulting from failure to carry out its obligations under the Plan due to labour disturbances, government restrictions. Non-availability of parts through its usual suppliers, or any other cause or causes beyond its control.

IT IS UNDERSTOOD AND AGREED THAT BLUEWAVE’S LIABILITY AND CUSTOMER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY IS LIMITED TO THE REPAIR OF THE EQUIPMENT AND SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE ANNUAL FEE PAID BY CUSTOMER, AND UNDER NO CIRCUMSTANCES SHALL BLUEWAVE BE LIABLE FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER ADDITIONAL EXPENSES, EVEN IF BLUEWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL REMEDIES WHICH MIGHT OTHERWISE ARISE BY IMPLICATION OR OPERATION OF LAW ARE HEREBY EXCLUDED AND WAIVED.

† Customers who sign up and are approved for an oil equipment service plan are eligible to receive 100 BONUS AIR MILES® Reward Miles as a one-time offer. Please allow up to 45-120 days for AIR MILES® Reward Miles or Bonus AIR MILES® Reward Miles to appear in your AIR MILES® Collector Account. Bonus AIR MILES® Reward Miles are only available for oil equipment service plans.

Equipment service plans, terms and pricing as outlined above are valid from August 1, 2017 to July 31, 2018. These Plans are in no way sponsored, endorsed or administered by, or associated with AIR MILES® International Trading B.V. Any questions, comments or complaints regarding the BONUS AIR MILES® Reward Miles will be directed to Parkland, not AIR MILES® International Trading B.V. ®/™ Trademarks of AIR MILES® International Trading B.V. Used under license by Loyalty One, Inc.

™ All of the Bluewave Energy trademarks are owned by Parkland Fuel Corporation.

Bluewave Energy - A Brand of Parkland Fuel Corporation
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