OVERVIEW
Your coverage is determined by this Comfort Club Membership Agreement (this
“Agreement”), the terms and conditions of which are set out below. In all cases,
the Company reserves the right to determine, acting reasonably, what service,
maintenance, or repairs are required for the equipment covered under Your
Membership.
Your Membership provides one (1) annual maintenance for each of the following
core systems in Your home: (i) one heating unit, (ii) one cooling unit, (iii) one
water heater, and (iv) one air-quality unit (together, once accepted by the
Company, Your “Covered Equipment”). Additional units may be added as described
in the “Extra Equipment” section below.
EQUIPMENT WE COVER
The equipment set out above on this Agreement shall each fall within the
definition of “Covered Equipment ” once accepted by
the Company. You acknowledge and agree that the Covered Equipment is
presently located at
Premises ”),
which is the location at which the services included under Your Membership shall
be performed.
Qualifying equipment for Your annual Maintenance may include any of the
following types:
Gas and electric furnaces
Air conditioners
Heat pumps (including geothermal)
Air handlers and high-velocity air handlers
Boilers
Tankless and tank water heaters
Ductless systems
Gas fireplaces
HRV/ERV systems
Air cleaners
Humidifiers and dehumidifiers
In addition, for the purposes of Your Member Discount and Equipment Discount
only, the following plumbing and electrical systems also qualify as
“equipment”. These items are eligible for member pricing and the
Equipment Discount but are not part of the annual Maintenance:
Plumbing: water heaters (tank and tankless), water treatment systems and
softeners, whole-home filtration, sump pumps, and well pumps
Electrical: standby generators and automatic transfer switches, electrical
panels, subpanels and panel upgrades, and EV chargers
Equipment qualification is at the reasonable discretion of the Company. The
Company may accept or decline to cover any piece of equipment; where equipment
is declined, You will be asked to select other equipment that meets 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 (at Your member discount).
EXTRA EQUIPMENT
You may add preventative maintenance for additional qualifying equipment for
$69.99 + HST per unit per year (regularly $149.99 + HST). Each added unit
becomes Covered Equipment and is subject to all terms of this Agreement.
COMMENCEMENT DATE AND TERM
This Agreement comes into force on the date You sign it (the “Membership Start
Date”). Each unit of Covered Equipment has an independently calculated term of
coverage (each, a
“Term”
). Each Term begins on the Membership Start Date
(or, for equipment added later, on the date that equipment is accepted as
Covered Equipment) and continues on a month-to-month basis until cancelled in
accordance with this Agreement. There is no minimum term, and You may cancel at
any time as set out in the Termination section.
AUTHORIZED TECHNICIANS
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.
ANNUAL PREVENTATIVE MAINTENANCE
Once per calendar year, a Technician will perform a precision maintenance,
cleaning, and safety inspection (together, the
“Maintenance”
) on:
each unit of Covered Equipment under Your Membership.
The Maintenance includes a multi-point performance and safety inspection,
assessment of any code infractions, cleaning, and a carbon-monoxide (CO) test on
gas equipment. This once-per-year Maintenance will be performed upon Your
request, which shall be made by contacting the Company at 1-705-503-4328 (HEAT)
or [email protected] 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. Annual preventative
maintenance must be completed during each membership year; missed maintenance
visits do not carry over into future years.
You further acknowledge and agree that any repairs or part replacements
discovered during the Maintenance shall be excluded from coverage under Your
Membership and shall be quoted and invoiced separately (at Your member discount).
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 Membership.
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 Membership shall be suspended indefinitely without any right of
abatement. Coverage under Your Membership 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 Membership, 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.
PAYMENT
Your monthly premium (including HST) for all 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, by Visa or
MasterCard. Where the Term start date is not the 15th day of a month, the
Company shall pro-rate the first 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.
Additional-equipment premiums are billed annually rather than monthly, as set out
in the “Extra Equipment” section above.
MEMBER DISCOUNT: 10% OFF ALL SERVICES
Fix, tune, or maintain something you own — for as long as Your Membership is
active and in good standing, You receive a 10% discount on Your entire service
invoice, heating & cooling (HVAC), plumbing,
and electrical, including labour, parts, and the diagnostic / service-call fee.
The discount applies to repairs, service, and maintenance work and is
non-transferable.
The 10% discount does not apply to the purchase or installation of new equipment,
which is addressed by the Equipment Discount below. For this purpose,
“equipment” means installed systems across all trades, including
furnaces, boilers, air conditioners, heat pumps, water heaters, air-quality
units, gas fireplaces, generators and transfer switches, electrical panels,
subpanels and panel upgrades, EV chargers, and water treatment systems, together
with the labour to install them.
EQUIPMENT DISCOUNT: 5% OFF QUALIFYING NEW EQUIPMENT
While Your Membership is active and in good standing, You are entitled to an
Equipment Discount of five percent (5%) off the price of new qualifying
equipment supplied and installed by the Company, up to a maximum discount of
$500 per eligible equipment invoice. The Equipment Discount:
is five percent (5%) of the equipment price, to a maximum of $500;
applies only to new qualifying equipment supplied and installed by the
Company;
is limited to one redemption per Membership;
is non-transferable and may not be combined with other equipment promotions
or discounts;
may not be applied to service, repairs, diagnostic fees, or membership
premiums; and
is available only while the Membership is active and in good standing.
PRIORITY SERVICE, SUPPORT & WARRANTY
As a member You receive priority scheduling ahead of non-members, access to our
24/7 support centre 365 days a year, and availability of after-hours and weekend
repairs (which may be subject to applicable rates).
15 Year True Comfort Warranty. New Trane furnaces, central air
conditioners and central heat pumps supplied and installed by the Company carry
the 15 Year True Comfort parts and labour warranty, provided that You remain a
Comfort Club member in good standing and continue to have that equipment
serviced by the Company throughout the warranty period. The warranty does not
apply to work or parts provided by anyone other than a Technician, or to
equipment that has lapsed from coverage.
SERVICE STANDARDS
The Company shall make commercially reasonable efforts to administer any
necessary service, maintenance, and/or repair covered by Your Membership 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 Membership 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 Membership 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 Membership and for which the Company was
specifically retained under the “Service or Repairs Outside of Coverage” section
above.
TERMINATION
You may cancel this Agreement, or coverage for any Covered Equipment, at any
time and for any reason, with no cancellation fee and no minimum term. To
cancel, provide written notice (a “Cancellation Notice”) to the Company by
letter or email, including Your name, the Premises address, and the equipment
concerned (or a statement that the whole Agreement is to be terminated).
Cancellation takes effect on the 15th day of the month following the month in
which the Company receives Your Cancellation Notice, and no further premiums are
charged after that date.
The Company may terminate this Agreement without notice for a delinquent
account, material misrepresentation or fraud, an unsafe work environment, or
failure to carry out previously recommended repairs.
DEFAULT
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 Membership
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 THIS AGREEMENT
The Company reserves the right to amend the pricing, benefits, features, and
terms of the Comfort Club Membership to reflect changes in business operations,
service offerings, market conditions, or costs.
If a material change is made to the Membership, the Company will provide You
with at least thirty (30) days’ prior written notice by email or another
reasonable communication method. Changes will not affect services already
completed or warranties already earned. The notice will include:
a summary of the changes;
the effective date; and
any action required by You, if applicable.
Unless otherwise stated in the notice, if You continue Your Membership after the
effective date, You will be deemed to have accepted the revised terms. If You do
not wish to continue under the revised terms, You may cancel Your Membership
before the effective date in accordance with the cancellation provisions of this
Agreement. Any changes will not affect services already completed or benefits
already provided before the effective date.
RELOCATION: YOUR MEMBERSHIP MOVES WITH YOU
Your Membership is portable. Please notify the Company in writing (a
“Relocation Notice”) of any change of address at least thirty (30) days in
advance, using the contact information set out in the “Company Contact
Information” section below.
On receiving a Relocation Notice, the Company may offer coverage at Your new
home under a new agreement covering the equipment there, or, where it elects not
to provide coverage at the new home, terminate this Agreement on a date
determined by the Company (the “Relocation Termination Date”). The Company shall
not be liable to You nor owe any further obligation to You with respect to this
Agreement as of the Relocation Termination Date.
You may advise the purchaser of Your former Premises that the Covered Equipment
is presently covered under Your Membership, and that they may enter into their
own agreement with the Company to continue coverage. The Company may 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 Membership, please contact the
Company at:
Affordable Comfort Ltd
[email protected]
GENERAL
Entire Agreement
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
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.
Severability
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.
Headings
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.
