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Oil Tank Replacement Agreement In consideration of the terms hereinafter set forth, the Company and the Customer agree as follows: Customer represents that there is an apparently sound steel heating oil tank of _______ capacity at their address which is connected by piping with their oil burner and that prior to the date hereof Customer has detected no leaking or malfunctioning of the tank or repaired or attempted to repair the same or instituted any third persons to perform such repairs. Preinspection and tank testing may be required prior to coverage. If, during the term of this agreement, Customer's above described tank is found to have developed a hole causing it to leak, and the Company is promptly notified, the Company will repair or replace said tank with a new tank which meets pertinent building code regulations, and connect the new tank and piping to their oil burner, subject to Customer assisting in obtaining any necessary permits to accomplish same. Replacement of said tank includes backfilling the earth and replacing the sod that had covered the replaced tank, but dose not include the removal or replacement of structures, paving, conduits, shrubbery, rockeries or any other object that covered the replaced tank nor does the replacement include the removal of any contaminated soil or other materials surrounding the tank or any remedial activities that may be necessary due to the loss of oil from the tank. The Company reserves the option to relocated the tank. This agreement applies to holes in said tank developed by chemical action, rust or corrosion, but does not apply to holes leaks or damage caused by acts of human agents, such as but not limited to bulldozing operations, or by acts of war or by 'act of God' such as , but not limited to, earthquakes and floods. It is acknowledged and agreed that title to the tank, piping or replacement tank shall remain with Customer during the period that this Agreement is in effect. The Company's obligation under this Agreement shall be limited to the repair or replacement of the tank as necessary to maintain the storage capability of Customer's heating system. The Company will not be responsible for incidental or consequential damages, including personal injury or property damage to the persons or property of Customer or any third party or for any fines, penalties or assessments imposed by any governmental agency or authority, including the U.S. Environmental Protection Agency or Department of Ecology arising out of its performance of this agreement. The Company reserves the right to refuse to remove or replace an existing tank when it determines that such removal or replacement will cause a threat to human health or the environment. Nothing in this agreement shall be construed as either an express or implied agreement by the Company to provide or recommend advice concerning compliance with environmental regulations. The Company recommends that Customers seek independent advice with respect to such environmental matters. This agreement shall not be construed to cover tank removal, clecomissioning, or abatement in the event that the Customer switches to, or procures form another fuel source, including oil, natural gas and electric. The term of this agreement shall be for one year from the date shown and will automatically renew year to year thereafter, subject to cancellation by either party on 30 days written notice prior to each anniversary date, so long as Customer pays in advance for each succeeding year's contract. This agreement is valid only if, in managements judgement and based on Customer history, the Customer appears to be an active Customer of the Company. All claims must be presented to the Company in writing within the 12 month period of this Agreement. Claims not so presented will not be honored.
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