OVERVIEW
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” Pro 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.
SPECIALTY EQUIPMENT
Additional charges may apply if specialty equipment such as scissor lifts or booms are required to
safely complete service or maintenance tasks. The customer will be notified in advance of these
additional costs, and such costs must be agreed upon before proceeding with the service.
GENERAL TERMS & CONDITIONS
Affordable Comfort Ltd. agrees to provide a comprehensive maintenance program designed to reduce
your utility and repair costs, after any existing defects are corrected
The Customer agrees to furnish safe, reasonable access to the building and covered equipment. If
required, the Customer will remove any material, fixtures or walls so adequate access can be
gained to the equipment
This agreement does not include the maintenance, repair or replacement of recording or portable
instruments, electrical disconnect switches, casing or cabinets, insulation, gas lines, water
lines or non-moving parts such as ductwork, vessels boiler shells, tubes, vents, flues, grilles,
tower fill or refectory material. Affordable Comfort Ltd. shall not be required to furnish any
equipment, service or materials or to perform tests, or make any modifications that have been
recommended or required by any insurance company, governmental authority, equipment vendor or
regulatory authority, or pay any future taxes imposed by any governmental agency
Affordable Comfort Ltd. shall not be liable for:
Damage or loss resulting from freezing, corrosion, electrolysis, vibration, plumbing
stoppage, failure of any utility service, low voltage condition, lighting, single
phasing or other electrical abnormalities
Damage or loss resulting from negligence, faulty system design, abuse, acts of God,
malicious mischief, vandalism or improper operation of equipment by customers,
employees, agents or tenants
Damage, loss of delays resulting from fire, explosion, flooding, the elements, strikes,
labor troubles, civil commotion or any other cause beyond its control
Any accident, injury, damage, or loss to equipment personnel, property or revenue unless
directly caused by its negligence
Any indirect or consequential damages such as, but not limited to, loss of revenue or
loss of use of any equipment, process or facilities
Any identification, abatement, encapsulating or removal of any hazardous material
including those containing asbestos. If any hazardous materials are detected during the
course of work, Affordable Comfort Ltd. can discontinue the work until the hazard has
been eliminated and shall receive an extension equal to the time of delay to complete
the work. Affordable Comfort Ltd. reserves the right to be compensated for any loss due
to the delay caused by asbestos or any other hazardous material
Unless otherwise noted, Affordable Comfort Ltd. shall not be liable for starting and stopping
equipment, space temperature regulation, air or water balance, indoor air quality, equipment
relocation or maintenance or repair other than during normal working hours. If Customer requests
work be performed other than during normal hours, the Customer agrees to reimburse Affordable
Comfort Ltd. for overtime pay or additional charges
Affordable Comfort Ltd. shall use ordinary care in performing the tasks outlined in this
agreement. No inspection shall guarantee the condition of the equipment or eliminate
obsolescence and normal wear
The occurrence of any of the following without the prior written consent of Affordable Comfort
Ltd. will constitute a default:
Failure by the Customer to make any payment due within ten days after it becomes due and
payable
Any alterations, additions, adjustments or repair to covered equipment, by anyone other
than Affordable Comfort Ltd.
Breach by Customer of any term of this Agreement. If Affordable Comfort Ltd. brings
legal action to enforce this Agreement, and is successful, it shall be entitled to
recover reasonable attorney fees and the cost of litigation in addition to any judgment
for damages
This Agreement begins on the date of acceptance and shall remain in force for the term stated.
Thereafter, it shall be automatically renewed and shall continue in effect for successive
renewal periods of one year unless either party gives the other written notice of termination at
least 30 days before the anniversary date. With 45 days written notice, Affordable Comfort Ltd.
may add or delete equipment or services and increase or reduce the Agreement price. Customer
shall have the right to terminate if any changes are not acceptable
This Agreement contains the entire understanding between Affordable Comfort Ltd. and the
Customer. Any modifications, amendments or changes must be in writing and signed by both parties
SUPPLEMENTAL CONDITIONS
This Agreement provides a 15% percent discount off list price for all repairs
This Agreement provides priority service. Affordable Comfort Ltd. will respond to the Customer’s
request for emergency service before providing service to any customer who does not have a
Service Agreement
Upon completion of each Peak Performance Inspection, Affordable Comfort Ltd. will provide the
Customer with a comprehensive inspection report listing work performed, defects found and
corrected and any recommended corrective action
Affordable Comfort Ltd. shall maintain the Customer’s equipment to keep utility and repair cost
as low as possible, while preserving equipment reliability and life. Occupant comfort will
always be a primary consideration
The Customer shall operate the equipment in accordance with the manufacturer’s recommendations
and promptly notify Affordable Comfort Ltd. of any abnormal conditions
Any additional services that are not part of this agreement shall be billed at the prevailing
time and material rate, less the discount listed above
UNITS COVERED
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
Premises ”),
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:
Rooftop Units
Furnaces & Air handlers
Air Conditioners & Heat Pumps
Unit Heaters
Radiant Tube Heaters
Ductless
Geothermal Units
HRV/ERV
Water heaters
Tankless
Boilers
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.
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.
MAINTENANCE PLANS
Once, or twice, 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” Pro 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
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.
PAYMENT
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.
SERVICE STANDARDS
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)
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.
TERMINATION
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
either:
the make, model, and serial number of the Covered Equipment for which you seeking to terminate
coverage
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.
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 Plans until all Arrears
are paid in full
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
the consequences which will result if you do not respond to our letter
RELOCATION
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 Company 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
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:
the address of Your new home
information for the Covered Equipment at Your new home that you intend to be covered
under the new agreement (the “New Equipment”)
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.
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
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 [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.
