Terms and Conditions
1. General
a) For the purposes of these terms and conditions "you" shall refer to the Registered Property Owner(s) for the service address as set out in this Rental Water Heater Agreement and "we"/"us" "Kitchener Utilities" etc. shall refer to The Corporation of the City of Kitchener and its division Kitchener Utilities.
b) Under Our rental water heater program, we will rent to you, on the terms outlined in this Residential Water Heater Rental Agreement (and will be referred to as the Agreement), the water heater as described on the first page of the Agreement for a term as outlined in section 2 of this Agreement, unless terminated earlier by you or us in accordance with this Agreement.
c) The personal information collected herein is collected for the provision of the contracted service pursuant to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and may be used by The Corporation of the City of Kitchener under Section 31(b) of MFIPPA for purposes relation to the provision of service. Inquires about the use or disclosure of your personal information should be directed to a Kitchener Utilities Marketing Representative at 519-741-2626 option #0 or by email.
d) You acknowledge and agree that this Agreement is a remote contract. A remote contract can be made entirely over the phone, entirely by mail, or a combination of sending a publication to you and speaking with you over the phone.
e) The date you entered into this Agreement is set out on the first page of this Agreement and is referred to as the Date of Agreement. The term Service Address as listed on the first page of this Agreement and may also be referred to as the Premises throughout this Agreement.
2. Contract Term
The term of this Agreement commences on the Date of Agreement. The term of the water heater rental ends if this Agreement is terminated by you or us in accordance with its terms (which, for greater certainty, includes you exercising your buyout option in accordance with the terms of this Agreement) or when the useful life of the water heater has ended. The useful life of the water heater ends when Kitchener Utilities or its authorized service provider determines, having regard to the relevant factors, including without limitation, the age of the water heater and the cost of any repairs to be made to the water heater, that it is no longer commercially reasonable to repair the water heater. For greater certainty, you cannot request a different type or size of water heater without ending this Agreement and entering into a new agreement with us.
3. Our Customer Service Commitment Includes:
a) Standard water heater installation plus repairs and/or replacement of the water heater.
b) Customer Service Centre open 7 days a week, 24 hours a day, to handle customer inquiries and dispatching of service requirements at 519-741-2529 option 3.
c) Reliable water heater service.
d) Premium quality water heater products.
4. We will honour our Customer Service Commitment and, in return, you agree to the following terms:
a) You agree to pay the Total Monthly Payment and other amounts when due being at the time of issue and if the bill is not paid, a late payment charge of 2% will be added 17 days after the date of issue. You will also pay our standard charge (currently $35.00 for 2017) each time your cheque, pre-authorized debit, or any other payment instrument you use to make a payment on your account is returned unpaid, dishonoured, or not processed for any reason.
b) You agree to start paying the Total Monthly Payment from the date it was installed at the Service Address or from the date you purchased the Premise.
c) At the discretion of Kitchener Utilities and subject to approval by the City of Kitchener Council and with notice to you, you agree that during the term of this Agreement your Total Monthly Payment may be increased
d) You agree that we may change our service charges, administrative fees, other charges or other terms of this Agreement from time to time by announcing such changes to you in advance in writing and subject to approval by the City of Kitchener Council.
e) Your water heater rental bill will be sent by us to you on a monthly basis. Your rental charges are due when issued. Payments may be made through a financial institution in the manner of your choice (including paying at an automated teller machine, through telebanking or Internet banking). Your payment may also be made by cheque or money order payable to The City of Kitchener and, as long as there is no interruption in postal service, sent by mail to City of Kitchener Finance and Corporate Services Department P.O. Box 1118, Station C Kitchener ON N2G 4R6. Your account number should be included on the front of your cheque or money order. Cash should not be sent through the mail. Other payment options are available at on our website.
f) If you have elected to pay by pre-authorized payment, you authorize us to debit the account identified in the sample cheque you have provided (or any other account that you may identify to us from time to time) (the "Account") for payment of (i) the Total Monthly Payment on or shortly after each issue date; and (ii) any other amount that may become due under this Agreement on the next issue date. You agree that we will not notify you in advance of each debit. You may cancel this authorization upon 30 days written notice to us, however, you remain obligated to pay all amounts due or owing under this Agreement. You have certain recourse rights if any debit that we draw does not comply with this authorization. For example, you have the right to reimbursement for any debit that is not authorized or is not consistent with this authorization.
g) You agree to keep the water heater only at the Premises and to maintain a convenient, safe, dry and heated location for the water heater, free of any combustible materials and obstructions for future servicing or removal. You agree to ensure the water heater is located in an area with sufficient drainage in the vicinity and that the drainage is open and unrestricted.
h) You further acknowledge and agree that all water tanks leak at some point and that is why it is imperative that the water tank is in a location that has sufficient drainage in the vicinity. Failure to provide adequate drainage near your water heater will affect your rights under section 7 of this Agreement.
i) You agree to 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.
j) You also agree to immediately notify Kitchener Utilities if you carry-out any renovations near the water heater. Kitchener Utilities then has the right to inspect the water heater and remove the water heater from the Premises if the renovation causes a breach under this Agreement. Failure to do so will affect your rights under section 7 of this Agreement.
k) We do not have any responsibility for wiring, plumbing, piping or venting in the Premises. You will pay us our standard charges (which will be communicated to you prior to doing the work) for any additional wiring, plumbing, venting or piping required to upgrade such wiring, plumbing, venting or piping to meet applicable laws, codes or installation requirements, such charges will be outlined to you in a Customer Repair Order. You will also pay us when billed our standard charges for repair (including flushing or de-liming) damage attributed to excessive or abnormal water quality conditions at the Premises or repairs or extra service work necessary because the water heater was connected to other equipment or fixtures in the Premises.
I) You agree to supply and maintain water conditioning equipment as we may recommend to resolve water quality problems, such as smelly water, iron discolouration, calcium buildup, etc. Otherwise, charges may apply for future repairs or replacement of the water heater or the availability of a rental water heater may be restricted.
m) If you own a tankless water heater, then you agree to supply and maintain salted water conditioning equipment.
n) You agree to restrict servicing of the water heater to only our authorized representatives.
o) If you sell your Premises, you will inform the purchaser that the water heater is rented pursuant to this Agreement. You will be released from your obligations under this Agreement, effective from the date of sale, so long as (i) the purchaser is notified in the Agreement of purchase and sale that the water heater is rented and you have provided the purchaser with a copy of this Agreement, (ii) you have notified us in advance of the purchaser's name and the intended date of sale, (iii) the purchaser agrees in writing or by conduct to rent the water heater in accordance with this Agreement and (iv) you have paid us all other amounts owing under this Agreement. You authorize us to respond to information requests relating to your account made by or on behalf of the purchaser.
p) You agree that we are the owner of the water heater and that we are not transferring title to you. You agree to ensure that any of our identification or labelling is not removed from the water heater or covered in any manner. 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 agent 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.
q) You agree to be responsible for maintaining effective operation of any plumbing and pumping systems supplying water to the water heater during installation or servicing of the water heater.
r) You agree to allow our authorized representatives or employees to have access at all reasonable hours for the purposes of installing, servicing or removing the water heater. We will not be responsible for service if this access is denied or unavailable.
s) You agree to keep the water heater free of all liens, security interests, mortgages and other claims.
t) You agree to promptly inform us of (i) any change of your mailing address as soon as possible in advance of such change or (ii) if you have chosen to make your payments under this Agreement by pre-authorized debit, of any change in the bank account information provided to us. Notice of any such changes should be made by contacting 519-741-2450 during daytime business hours or by email.
u) You agree that 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 the water heater or this Agreement to anyone else (each, a "transferee"), without notice to you or your consent. To the extent not prohibited 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. This Agreement is binding upon and will ensure to your respective heirs, personal representatives, successors and permitted assigns.
v) If more than one customer is named on the first page of this Agreement, you understand that each of you is individually liable, and all of you are collectively liable, for all obligations imposed on you by this Agreement.
5. Termination of this Agreement
a) Termination by Us — If you fail to meet any of your obligations set out in this Agreement, you agree that we may terminate this Agreement and bill you for the applicable buyout price and on the other terms set out below under "Termination — Termination by You". You agree to pay the buyout price when invoiced by us.
b) 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 the water heater. You may purchase the water heater at any time for a buyout price that reflects, among other things, the unpaid cost of the water heater and related installation, and servicing costs, which is in this Agreement.
You can obtain your buyout price and exercise your buyout option by notifying us in writing or by calling Kitchener Utilities at 519-741-2626 option 0. When you exercise your buyout 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 buyout price when invoiced by us. Once payment has been received for the buyout price, and no other amounts are outstanding pursuant to this Agreement, this Agreement will end for the water heater and, as set out more particularly below in the section called "End of this Agreement, you will have no further obligation to pay rent and we will have no further obligation to you.
c) Notwithstanding anything to the contrary, we will have the right to terminate this Agreement prior to installation of the water heater if we determine in our sole discretion that non-standard work, materials or labour (e.g. chimney liners, etc.) would be required to achieve code compliant installation of the water heater.
d) We may add all amounts owing under this Agreement to your utility bill and/or property tax bill.
6. End of this Agreement
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— Kitchener Utilities 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) Removal and Disposal — if the water heater has reached the end of its useful life and we are not installing a replacement water heater, you shall at such time own the water heater, and if you wish for us to disconnect and/or dispose of the water heater, you must contact us by calling 519-741-2626 to make such arrangements. We will charge you in accordance with our current fee schedules for removals or disposals.
d) No Further Obligations — you will have no further obligation to pay rent (other than rent owing prior to the end of this Agreement) and, subject to any statutorily mandated requirements, we will have no further obligations of any kind or manner to you.
7. Liability
We are not the manufacturer of the water heater and 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 will not be liable for any loss, damage or injury of any type (including as a result of any water leakage) arising out of or related to this Agreement or caused or contributed to in any way by the use and operation of the water heater or any indirect, incidental, special or consequential damages, even if reasonably foreseeable. If we are unable to perform any of our obligations under this 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.
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 water heater, this Agreement or the use and operation of the water heater, including any claims against us for any injury or death to individuals or damage to property. You will pay, when due, all taxes and other charges imposed by any government authority on or in connection with this Agreement, the payments made under it, or the water heater. Notwithstanding anything to the contrary, we may change the Total Monthly Payment to reflect any increase or decrease in such taxes or charges for whatever reason. All of your obligations under this Agreement will survive the termination of this Agreement to the extent required for their full observance and performance.
8. Entire Agreement and Amendments
You understand that this Agreement is the entire agreement between you and us and supersedes all prior agreements, understandings and discussions, whether oral or written, and there are no warranties, representations or other agreements except as specifically set out in this Agreement.
9. Invalidity of Provision
If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, such provision shall be severed and the remainder of this Agreement shall continue to remain in full force and effect subject to modifications as may be necessary to carry out the provisions and intent of this Agreement.
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