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Comfort Club Pro

Affordable Comfort - Comfort Club Pro Agreement

Affordable Comfort Ltd. (the “Company”) confirms that the undersigned customer,

, (“You”, “Your”) has subscribed to the following plans:

Comfort Club Pro Benefits

  • Annual Maintenance: Equipment registered under this program will benefit from free annual maintenance, ensuring consistent performance and longevity. For convenience we will contact you when the time comes to schedule your maintenance and filter changes.
  • Service Discounts: Club members are eligible for a 15% discount on any service-related requirements for their registered equipment.
  • Replacement Equipment Discounts: When there's a need for equipment replacement, members receive a 10% discount.
  • Priority Service: Equipment under this program is prioritized, ensuring swift and efficient response times.
  • Seasonal Promotions: We offer exclusive seasonal promotions and offers tailored specifically for our Commercial Maintenance Club members.

Volume Discounts Available for 5+ Units!

Plan Options What's
Included
Monthly
Premium Per Unit
# of
Units
Rooftop Units 2 Annual Maintenances, with 4x filter changes per year $19.99
Central Air Conditioner or Heat Pumps 1 Annual maintenance $9.99
Air Handler or Furnace 2 Annual maintenances & 2x filter changes per year $9.99
Unit Heater 1 Annual maintenance $9.99
Radiant Tube Heater 1 Annual maintenance $9.99
Ductless 1 Annual maintenance $9.99
Geothermal Units 1 Annual maintenance $19.99
HRV/ERV 1 Annual maintenance $9.99


Equipment

Qualifying pieces of equipment include: rooftop units, furnaces, air handlers, central air conditioners, heat pumps, unit heaters & radiant tube heaters. Equipment qualification is at the discretion of Affordable Comfort Heating and Cooling.

** Don't know your equipment make, model or serial number? No problem, our team will fill that out for you later.

Equipment Type Make Model Serial #

Contact Information


Billing Address


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

  1. Affordable Comfort Ltd. agrees to provide a comprehensive maintenance program designed to reduce your utility and repair costs, after any existing defects are corrected
  2. 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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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

  1. This Agreement provides a 15% percent discount off list price for all repairs
  2. 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
  3. 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
  4. 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
  5. The Customer shall operate the equipment in accordance with the manufacturer’s recommendations and promptly notify Affordable Comfort Ltd. of any abnormal conditions
  6. 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 (the “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

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.

I have carefully read this “Maintenance Plans” section and understand the scope of coverage that will be provided to me and that I will be responsible for scheduling the once-per-year maintenance appointment.

Initial:


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.

    I have carefully read this “Termination” section and understand the meaning and consequences of its provisions.

    Initial:


    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
    92 Commerce Park Drive, Unit 8
    Barrie, Ontario, L4N 8W8
    Tel: 1-705-503-HEAT (4328)
    Email: [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.

    I have carefully read this “Limitation of Liability” section and understand that by voluntarily signing this Agreement, I am waiving certain legal rights that my heirs, next of kin, representatives, executors, administrators, assigns, and other third party may have against the Releasees.

    Initial:

    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.


  • Signatures

    At this point, please ensure that you have understood all the provisions in this Agreement. If you are unsure as to the meaning or effect of any provisions herein, please call the Company at (705)-503-4328 and a staff member will be pleased to explain it to you.

    By signing this Agreement, You agree that you have read, understood, and agree to be bound by all of the provisions herein. You further acknowledge and agree that by voluntarily signing this Agreement, You are waiving certain legal rights that the Releasors may have against the Releasees.

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