The plan(s) subscribed to by You shall hereafter be referred to as “Your Plans”.
Your coverage is determined by Your Plans, the terms and conditions of which are set out in this Affordable Comfort “Comfort Club” Maintenance Plan Agreement (this “Agreement”). In all cases, the Company reserves the right to determine, in its sole and absolute discretion, as to what service, maintenance, or repairs are required for the equipment covered under Your Plans.
Based on the tier of the “comfort Club” Maintenance Plan selected, Your Plan will cover a specified number of Covered Equipment, as such term is defined in this Agreement. Where Tier 1 is selected, Your Plan will cover one (1) unit of Covered Equipment. Where Tier 2 is selected, Your Plan will cover two (2) units of Covered Equipment. Where Tier 3 is selected, Your Plan will cover at minimum, three (3) units of Covered Equipment.
The equipment set out above on this Agreement shall each fall within the definition of
“Covered Equipment” upon reaching their respective
Compliance Notice Dates. You acknowledge and agree that the Covered Equipment is presently located at
which is the location at which the services included under Your Plans shall be performed.
For greater clarity, the following equipment is equipment that the Company has the capacity to maintain, service, or repair. As such, Your Covered Equipment may include equipment of the following type:
- Gas and electric furnaces
- Air conditioners
- Heat Pumps
- Air handlers
- Air handlers
- Gas fireplaces
- Air cleaners
- Water heaters
- High velocity air handlers
- Space heaters
- Heat Pump
- Residential electric powered central air conditioning unit
Notwithstanding the above, the Company, at its sole discretion, may accept or refuse to cover any piece of Your equipment under Your Plan. The Company shall advise You of any equipment they will not cover, in which case, you will be asked to select new equipment that complies with the Company’s criteria.
This Agreement shall not apply to filters and replacements pads. Where there is a need to replace a filter or install a replacement pad, such work shall be billed to You separately.
COMMENCEMENT DATE AND TERM
This Agreement shall come into force and effect as of the date of execution by You. Each Covered Equipment shall have an independently calculated term of coverage (each such term of coverage, a “Term”). Each Term shall be for an initial period of twelve (12) months and shall continue on a month-to-month basis thereafter.
At any time during a Term, all maintenance, service, and repair work on the Covered Equipment to which the Term relates must be carried out by a Technician. In the event that You use another service provider, we reserve the right to terminate this Agreement without refund or abatement and with no further obligation to You. Additionally, the Company shall not be responsible for the cost of parts and/or labour provided by any unauthorized service provider and we will not be responsible for any costs or damages attributable or related to work and/or parts provided by an unauthorized service provider.
Once per calendar year, a Technician will conduct a performance and safety inspection (an “Inspection”) and maintenance (“Maintenance”) on:
- each Covered Equipment for which You are then subscribed to a “Comfort Club” Maintenance Plan.
Such Inspection shall include a 21-point inspection, diagnosis of any code infractions, cleaning, and a test for carbon monoxide (CO). This once-per-year Inspection will be performed upon Your request, which shall be made by contacting the Company at (705)-503-4328 or (705)-352-2665 to make an appointment, which appointment shall be scheduled for a business day (Monday through Friday, excluding any statutory holiday in the Province of Ontario) between the hours of 9:00am and 5:00pm. Appointment times shall be subject to Technician availability and adverse weather conditions. You understand and acknowledge that the scheduling of Your once-per-year maintenance appointment is entirely and solely Your responsibility, and that the Company shall have no obligation to provide any reminder to You whatsoever.
You further acknowledge and agree that any repairs or part replacements discovered during the Technician’s Inspection and Maintenance of the Covered Equipment shall be excluded from coverage under Your Plans and shall be invoice and paid separately from this Agreement. Including, but not limited to, repairs or part replacements which become necessary as a result of:
- external conditions (including, but not limited to, flooding, washouts, lightning, tornados, and other extraordinary weather conditions or acts of God);
- duct work conditions;
- external drain tubing conditions;
- main drain system conditions;
- obstructions to or in the vent termination, filter, or air distribution system;
- power surges or outages; or
- any intentional or negligent act (whether by You or any third party)
shall be excluded from coverage under Your Plans.
The Covered Equipment and the Premises must at all times be in compliance with any applicable Gas Code, Electrical Code, Building Code, and any other similar government-mandated technical standards, codes, statutes, regulations, and municipal by-laws that may now or in the future be in effect (collectively, the “Laws”). During the period in which this condition is not met, coverage under Your Plans shall be suspended indefinitely without any right of abatement. Coverage under Your Plans shall only resume upon notice from the Company in writing that it is satisfied, in the Company’s sole and absolute discretion, that the Covered Equipment and the Premises are in compliance with the Laws.
SERVICE OR REPAIRS OUTSIDE OF COVERAGE
Should You require maintenance, service, repairs, and/or replacements that fall outside the scope of Your Plans, a person authorized by the Company shall provide You with a cost estimate in writing. Should You elect to retain the Company to administer the said maintenance, service, and/or repairs, a deposit equal to fifty percent (50%) of the estimated cost shall become payable forthwith to the Company, and the remainder shall become payable upon completion of the work covered by the cost estimate.
The monthly premiums with HST for all Your Plans associated with then Covered Equipment (collectively, Your “Monthly Payable Amount”) shall be billed to You and become due and payable on a monthly basis, in advance, on the 15th day of each month. Where the Term start date is not the 15th day of a month, the Company shall pro-rate the monthly premium associated with that Covered Equipment to reflect the number of days from the start of the Term until the next 15th day of a month (the “Pro-Rated Period”). It is agreed that, for convenience of calculation, the Company shall pro-rate by dividing that monthly premium by thirty (30), and then multiplying that quotient by the number of days in the Pro-Rated Period.
You acknowledge and agree that you shall pay the monthly premium in respect of each Covered Equipment for a minimum of twelve (12) months prior to giving any Cancellation Notice to the Company in respect of that Covered Equipment.
You may pay your Monthly Payable Amount to the Company by way of MasterCard or Visa.
Upon subscribing to one or more of the Company’s plans, You shall be granted a percentage discount on all repairs not covered under Your Plan with respect to the Covered Equipment under said plan, in accordance with the below schedule:
For greater clarity, any repair discount shall only apply to those Covered Equipment covered under Your Plan. This discount to repairs shall be non-transferrable and shall apply only for the duration of the Term for such equipment as set out in this Agreement.
For greater clarity, the above discount shall not apply to any and all accessories, including, but not limited to, humidifiers, air cleaners, dehumidifiers, HRVS, ERVS, and UV lights.
In addition to the above discount granted to You, upon subscribing to one or more of the Company’s plans for the first time, You shall be granted a monetary inducement based on Your Plan, in accordance with the below chart, to be used towards the purchase of a new piece of Covered Equipment purchased through our Company (the “Monetary Discount”).
This Monetary Discount shall only be used for the purchase of Covered Equipment normally sold and supplied by the Company. This Monetary Discount is non-transferrable. This Monetary Discount shall expire at the end of the initial twelve (12) month term of Your Plan and any unused amounts shall be forfeited by You.
The Company shall make commercially reasonable efforts to administer any necessary service, maintenance, and/or repair covered by Your Plans as quickly as possible. You acknowledge that while the Company maintains a large selection of universal replacement parts, certain parts specific to Your equipment will have to be ordered from the manufacturer or a parts supplier, which may result in delays beyond the control of the Company.
You specifically acknowledge and agree that the Company will not be liable for any losses or damages resulting from:
- delays in diagnosing, servicing, maintaining, and/or repairing Your equipment;
- any work performed by any person who is not a Technician;
- Your inability to utilize the equipment and any damages or costs arising therefrom (e.g. hotel fees); and
- any misdiagnosis by a Technician or other employee or agent of the Company.
You further acknowledge and agree that the Covered Equipment (or equipment outside of coverage under Your Plans that the Company has been retained to repair) may not be serviceable or repairable by reason of obsolescence or discontinuation of necessary parts. In such event, the Company shall make commercially reasonable efforts to provide a suitable substitute part, but shall not be liable for replacing the Covered Equipment (or the equipment the Company has been retained to repair) where a suitable substitute part is not available.
The Company shall, with respect to each Covered Equipment, provide a warranty to You for all parts replaced in and labour performed on that Covered Equipment by the Company under Your Plans during the Term for that Covered Equipment (each such warranty, a “Warranty”). Each such Warranty shall extend until the end of the Term for the Covered Equipment to which it applies, following which the Company shall owe no further obligation to You with respect to that Covered Equipment or any parts replaced in and/or labour performed on that Covered Equipment . The Warranty does not apply to parts replaced and labour performed outside the scope of Your Plans and for which the Company was specifically retained under the “Service or Repairs Outside of Coverage” section above.
Should You wish to terminate one or more of Your Plans or this Agreement in its entirety, You shall provide written notice (the “Cancellation Notice”), whether by written letter or by email, to the Company requesting such termination. Such Cancellation Notice shall include:
- Your name;
- the address of the Premises;
- the make, model, and serial number of the Covered Equipment for which you seeking to terminate coverage; or
- a statement that You wish for this Agreement to be terminated in its entirety; and
- the month in which you wish for coverage of the stated Covered Equipment or this Agreement in its entirety, as the case may be, to be terminated, which in any case shall not be same month as the date of the Cancellation Notice.
Your coverage for the stated Covered Equipment , or this Agreement in its entirety, as the case may be, shall thereafter terminate as of the 15th day of the month requested in the Cancellation Notice.
Where You provide a Cancellation Notice to the Company to request termination of coverage for a Covered Equipment within the first twelve (12) months after the Compliance Notice Date for that Covered Equipment, You shall be liable to pay a lump sum (the “Early Termination Fee”) to the Company, which Early Termination Fee shall be equal to:
(a) in the event of cancellation of one or more, but not all, of Your Plans (such plan(s) being cancelled by you, the “Cancelled Plans”), the sum of all amounts that would have become due and payable in respect of the Cancelled Plans for the first twelve (12) months after the Compliance Notice Date(s) of the Cancelled Plans and which remain unpaid; and
(b) in the event of cancellation of this Agreement in its entirety, the sum of all amounts that would have become due and payable for the Covered Equipment for the first twelve (12) months after their respective Compliance Notice Dates and which remain unpaid.
In the event of (a) above, Your Monthly Amount Payable shall thereafter be reduced by the monthly premium(s) associated with each of the Cancelled Plans, and the Covered Equipment for which coverage has been cancelled shall thereafter be excluded from the definition of “Covered Equipment”.
You specifically acknowledge and agree that the Early Termination Fee, as calculated above, shall be reasonable compensation for Your early termination of any of Your Plans or this Agreement.
Affordable Comfort may terminate this Agreement (and therefore coverage under Your Plans) without notice to You due to your account being delinquent, any material misrepresentation or fraud, unsafe work environment, the failure to correct previously diagnosed issues or failure to carry out previous recommendations by our Technicians, or any other pertinent situation contemplated herein.
In the event that a preauthorized credit card payment is declined, You will be billed a $25.00 non-sufficient funds (NSF) fee. Should any amounts which are due and payable remain unpaid for a period of thirty (30) days or more (such unpaid amounts, the “Arrears”):
- interest at a rate of two percent (2%) per month, compounded monthly (for an annual interest rate of 26.82%), shall accrue on the Arrears;
- the Company shall not be required to provide any coverage under Your Plans until all Arrears are paid in full; and
- the Company may terminate this Agreement without notice at any time, without prejudice to any right, interest, cause of action, or other recourse that the Company may have with respect to the Arrears.
CHANGES TO THE AGREEMENT
The Company shall have the right to make changes to this Agreement from time to time, and You shall be entitled to receive notice of all such changes by way of a posted letter, which letter shall include:
- all the proposed changes to this Agreement;
- the effective date of the changes, which in any case, shall not be less than thirty (30) days from the date of the letter;
- how You may respond, if a response is required; and
- the consequences which will result if you do not respond to our letter.
You agree to promptly notify the Company in writing (such notice, the “Relocation Notice”), whether by written letter or email, of any change to Your mailing address at least thirty (30) days in advance of such change. Such Relocation Notice shall be provided to the Company using the contact information set out in the “Company Contact Information” section.
Where a Relocation Notice is provided to the Company:
- the Compny may elect not to provide coverage at Your new home, in which case this Agreement shall be terminated, such termination to become effective as of a date (in this scenario, the “Relocation Termination Date”) to be determined by the Company at its sole and absolute discretion, and the Company shall not be liable to You nor owe any further obligation to You whatsoever with respect to this Agreement as of the Relocation Termination Date; or
- the Company may elect to offer coverage at Your new home, in which case You and the Company may execute a new agreement in a form to be determined by the Company in its sole and absolute discretion, which shall at least include:
no less than fourteen (14) days prior to the closing date for Your new home. This Agreement shall thereafter terminate as of a date (in this scenario, the “Relocation Termination Date”) to be determined by the Company in its sole and absolute discretion, and the Company shall owe no further obligation to You with respect to this Agreement as of the Relocation Termination Date.
- the address of Your new home, and
- information for the Covered Equipment at Your new home that you intend to be covered under the new agreement (the “New Equipment”),
You may advise the purchaser(s) of the Premises that the Covered Equipment are presently covered under Your Plans, and that should such purchaser(s) wish for coverage of the Covered Equipment to continue as of the Relocation Termination Date, such purchaser(s) may enter into an agreement with the Company for that purpose.
The Company shall be entitled to assign this Agreement without notice to You.
CONSENT TO COLLECTION OF INFORMATION
You consent to collection of Your credit, financial and related personal information by the Company, and to the exchange of this information between the Company, credit bureaus, financial institutions, subsidiaries and affiliates of the Company, and other persons with whom You have had or may have financial dealings, and to the Company’s use of this information:
- for the purposes of verifying and evaluating your creditworthiness and other information you provide to us in connection with your account (including verifying your identity for regulatory compliance purposes);
- for the purposes of establishing, servicing and collecting on your account;
- for the purpose of providing the products and services described herein;
- for the purpose of providing credit references;
- for the purpose of communicating with You;
- for the purposes of meeting legal, regulatory, audit, processing, and security requirements and policies, whether of a governmental authority, of the Company, or otherwise; and
- as otherwise permitted or required by law.
COMPANY CONTACT INFORMATION
Should You have any questions with regards to Your Plans, please contact the Company at:
Affordable Comfort Ltd
92 Commerce Park Drive, Unit 8
Barrie, Ontario, L4N 8W8
Tel: 1-705-503-HEAT (4328)
Email: [email protected]
This Agreement constitutes the entire Agreement between You and the Company with respect to the subject matter hereof and supersedes all prior letters of intent, agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral or written, express or implied, with respect to the subject matter thereof.
Time is of the essence of this Agreement.
Limitation of Liability
Under no circumstance shall the Company or its directors, shareholders, officers, employees, parent or subsidiary companies, and/or agents (collectively, the “Releasees”) be liable to You and your heirs, next of kin, personal representative, executors, administrators, assigns, or any other third party (collectively, the “Releasors”) for special, incidental, consequential, punitive, exemplary, or indirect damages or losses. Without limiting the generality of the foregoing, the Releasees specifically shall not be liable to the Releasors for any work performed on the Covered Equipment or other areas of or in the Premises by any person other than a Technician. You specifically acknowledge and agree that, where the Company is found by a court of competent jurisdiction to be liable for any reason whatsoever, the aggregate maximum liability shall not exceed Five Hundred Dollars ($500) and You agree that such limitation is reasonable in scope. This provision shall survive the termination of this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect.
The use of headings in this Agreement is for ease of reference only and shall not affect the construction or interpretation of any provision herein.