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Customer Obligations.
In return for fulfilling our obligations to you, you agree that:
(A) Payment of Charges
You will pay your rental charges when due. We may change our rental rates from time to time by announcing rate changes in advance in bill inserts, by letter or by any method permitted by law. Any rental rate increase during the useful life of the Water Heater will not exceed the increase in the Consumer Price Index published by Statistics Canada (or its successor) for Ontario for the “All Items” category for the preceding twelve (12) month period. Your rental charges will be included on your utility bill, or we may choose to bill you separately through our service provider. Acceptable methods of payment will be set out on the bill you receive. You will pay us on demand interest on all amounts payable by you (including interest) and not paid when due, both before and after judgement at the rate set out on your bill.
(B) Safety
You will use your Water Heater safely and responsibly. In particular, you will:
a. maintain effective operation of any plumbing and pumping systems supplying water to the Water Heater;
b. ensure that no combustible, hazardous or flammable materials are used or stored in the same room or near the Water Heater;
c. ensure that the Water Heater is not confined in a location where it is difficult to service or remove or where there is inadequate ventilation;
d. provide us with access to the Water Heater whenever reasonably required for purposes of inspection, repair, maintenance or removal;
e. ensure that the Water Heater is located in an area with sufficient drainage in the vicinity, and that the drainage is open and unrestricted; or
f. you will not permit anyone who has not been authorized by us to service, repair, modify, alter, adjust, move or disconnect the Water Heater. Further, any person authorized by us to service, repair, modify, move or disconnect the Water Heater shall do so in accordance with our instructions or requirements.
(C) Duty to Maintain
As the user of the Water Heater, you are required under law to ensure that it is maintained in a safe operating condition.* In the event that a service or repair is required please call 1-800-266-3939.
(D) Ownership, Credit and Security Interest.
You agree that:
a. if more than one customer is named on the account, each of you is individually liable, and all of you are collectively liable, for all obligations imposed on you by the Agreement;
b. during the term of the Agreement, the Water Heater remains our property, does not become a fixture, and you will not tamper with any tag(s) or sticker(s) identifying the Water Heater as rented equipment;
c. we may inquire about your credit history and, if necessary, use the personal information you have provided us to do so. For greater certainty, you authorize any credit reporting agency to give us credit or other personal information about you from time-to-time during the term of this Agreement. You can withdraw this authorization at any time. If you do or we are not satisfied with the results of any credit check, we may end this Agreement;
d. you will promptly inform us of any change in your: (i) mailing address at least 30 days in advance of such change; and/or (ii) bank account or credit card information promptly after such change is made;
e. we may sell, assign, concurrently lease or otherwise dispose of, or grant a security interest in, all or part of our right, title and interest in this Agreement or the Water Heater to anyone else, without notice to you or your consent. To the extent permitted by law, you will not assert against any transferee any claims, defences, set-offs, deductions or counter-claims which you may now or in the future be entitled to assert against us;
f. the Agreement is binding upon and will enure to your respective heirs, personal representatives, successors and permitted assigns; and
g. we may register, at your expense, our interest in the Water Heater against you and/or against title to the premises. To the extent permitted by law, you agree to waive any right to receive a copy of such registration and appoint us as your lawful attorney for the purpose of doing any such registrations.
You agree that the Water Heater will remain personal property even though it may become affixed to the premises. You agree to keep the Water Heater free of all liens, security interests, mortgages and other claims.
(E) Sale of your Home
If you sell the premises, the Agreement shall be transferred to the purchaser, and we will permit the purchaser to assume your rights and obligations under the Agreement, effective from the date of sale, provided that:
a. the purchaser is notified in the agreement of purchase and sale that the Water Heater is rented and is subject to the terms and conditions of the Agreement;
b. you advise us in advance of the purchaser’s name and the intended date of sale;
c. the purchaser agrees in writing or by conduct to rent the Water Heater in accordance with this Agreement; and
d. you have paid us all other amounts owing under this Agreement. You hereby authorize us to respond to information requests relating to your account made by or on behalf of the purchaser.
(F) Changes to your Water Heater Rental Account
You agree that we will only make changes to your account if requested by you. This includes, without limitation, any request by you to buy out your Water Heater (as fully described in the section “Termination by You”). For greater certainty, we will not make any changes to your account if requested by an agent, delegate or third party acting on your behalf.
Customer Advisory. Your Water Heater may be equipped with flammable vapour ignition resistant (“FVIR”) technology. Direct Energy encourages you to read your Water Heater Use & Care Manual to determine if the Water Heater in your home is equipped with FVIR technology. Certain activities such as, without limitation, painting or using solvents could cause the FVIR technology to “lockout” the Water Heater causing it to no longer function until reset by a qualified service technician. Resetting the Water Heater caused by FVIR “lockout” is not covered by Direct Energy under this Agreement and, if applicable, you will be charged for both parts and labour.
Warranties and Liability.
a) Warranties
We make no representations, warranties or conditions as to the performance of the Water Heater except for those which are given by statute and which you cannot waive. We are not the manufacturer of the Water Heater and we are not making any warranty or guarantee in respect of it, the supplier or the manufacturer of the Water Heater including whether the Water Heater is suitable for you. Any warranties or guarantees provided under applicable legislation are hereby excluded to the extent permitted by law.
b) Liability
We will not be liable for any loss, damage or injury of any type (including as a result of any water leakage or electrical or natural gas related events) arising out of or related to this Agreement or caused or contributed to in any way by the use and/or operation of the Water Heater including without limitation, any indirect, incidental, special or consequential damages, even if reasonably foreseeable. If we are unable to perform any of our obligations under the Agreement because of circumstances or events beyond our control, we shall be excused from the performance of such obligations for the duration of such circumstances or events and we shall not be liable to you for such failure to perform.
c) Indemnity
You will indemnify us from any loss or damage to the Water Heater for any reason (other than normal wear and tear) and all claims, losses and costs that we may suffer or pay or may be required to pay, including legal expenses, in connection with the Agreement, including its termination or enforcement, or the use and/or operation of the Water Heater including any claims against us for any injury or death to individuals or damage to property. This obligation survives the termination of this Agreement for any reason.
d) Insurance
During the term of the Agreement, you are responsible for any loss or damage to the Water Heater from any cause, whether or not insured, until all of your obligations under the Agreement have been fulfilled.
Personal Information About You. You authorize us to collect and use personal information about you in order to establish and manage our business relationship with you. You authorize us to review information about your Direct Energy bill payments or, if you are billed by your gas utility, you authorize your gas utility to provide us with any charges and payment information. Other than to our authorized service providers, parties that will provide us with credit information, and parties for whom we are servicing the Water Heater, we won’t knowingly share this information with third parties without your permission, other than a party to whom we transfer or assign this Agreement.
Your privacy is important to us. As a current customer, we are committed to offering you more value in the future. Every once in a while we, an affiliate or an authorized service provider, may mail or call you about our other products and services that may be of interest to you. If you don’t want us, an affiliate or an authorized service provider, to contact you about such products and services or if you would simply like more information about how we use personal information, please contact us using the information set out in the section “How to Contact Us” located at the end of the Agreement. Our privacy policy can be found on the Direct Energy website.
Termination
Termination by Us
You agree that we may terminate the Agreement and, in addition to any other remedies that we may have, we may remove the Water Heater or require that you immediately purchase the Water Heater at the applicable buy out price (as set forth in the attached Schedule “A”), if you fail to meet any of your obligations set out in the Agreement.
Termination by You
Your sole method of terminating this Agreement prior to the end of the useful life of the Water Heater is to purchase your rental Water Heater. You may purchase your rental Water Heater at any time for the age-reduced price shown on the Buy Out Schedule attached as Schedule “A” to these Water Heater Rental Terms and Conditions. The purchase price is based on a representative retail sales price for the Water Heater discounted by the expected useful life of the Water Heater and the value of its remaining life.
In order to exercise your buy out option, you must call a Direct Energy Rental Specialist at 1-877-334-1846. We will only deal with you, and not a third party, in order to process your buy out option.
When you exercise your buy out option, you accept the Water Heater in an “as-is” condition, subject to the balance of any transferable manufacturer’s warranty, and you assume full responsibility for the Water Heater and its repair and maintenance. You also agree to pay the buy out price when invoiced by Direct Energy.
Once payment has been received for the buy out price, and no other amounts are outstanding pursuant to the Agreement, the Agreement will end for the Water Heater as set out more particularly below in the section called “End of the Agreement”, you will have no further obligation to pay rent and we will have no further obligation to you.
End of the Agreement.
At the end of the Agreement (for whatever reason):
a) Rent
you are not obligated to rent and we are not obligated to supply replacement equipment (including a Water Heater), unless we mutually agree at the time and enter into a new Water Heater rental agreement;
b) Replacement
Direct Energy is not responsible for replacing the Water Heater or re-connecting any ancillary or other equipment including without limitation venting, piping, plumbing, wiring, ducting; and/or electrical services.
c) No Further Obligations
you will have no further obligation to pay rent (other than rent owing prior to the end of the Agreement) and, subject to any statutorily mandated requirements, we will have no further obligations of any kind or manner to you.
Entire Agreement and Amendments.
You understand that this Agreement is the entire Agreement between you and us and may be amended from time to time by us by notice in bill inserts, by letter or by any method permitted by law.
How to Contact Us. You may contact us as follows:
80 Allstate Parkway
Markham, Ontario L3R 6H3
Attention: “Rental Group”
1-800-266-3939 |
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发表于 2012-3-15 20:41:01
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