Terms of Service

 

General & Definitions: This Agreement is between SE Canada Inc. (“Service Experts”) you and any Owner. “Premises” means the Installation Address in this Agreement. “you” and “your” means the Lessee or its tenants and, the Owner(s) (if any); “we”, “our” and “us” means Service Experts and/or our authorized service providers; The “Useful Life” ends when we determine in our reasonable discretion that it is no longer commercially reasonable to repair the Equipment, having regard to the age of the Equipment, the cost of repair or other relevant factors and notice of such determination is given to you. Each Core Equipment Type in this Agreement (i.e., air conditioner, furnace and/or boiler), will have its own Useful Life. If we determine that less than all Core Equipment Types have reached the end of their Useful Lives, the monthly rental rate will be reduced by us and the list of Equipment will be modified to reflect that you will no longer be renting the applicable Core Equipment Type (and all necessary pipes and parts related to the applicable Core Equipment Type as determined by us) that has reached the end of its Useful Life.

Term of Rental: You agree to rent from us the Equipment from when we install the Equipment until this Agreement ends (as it relates to a particular piece of Core Equipment Type) at the end of the Useful Life of the applicable Core Equipment Type (but it will continue, in respect of the remaining Core Equipment Type(s) and related Equipment) unless terminated earlier by you or us (“Term”) (see Sections 7 and 10). After this Agreement is terminated, we will not be required to supply, service or maintain, and you will not be required to rent, any replacement equipment. If you want to change the Equipment or rent additional equipment, a new agreement will replace this Agreement and a new rental rate will be calculated. All outstanding obligations owned by you prior to the termination of this Agreement shall survive termination until fully satisfied, as determined by us.

Service Experts' Commitment: We agree: (i) to install the Equipment. All normal installation costs will be included within the monthly rental rate, except the cost of any permits or inspections and for any extraordinary installation costs incurred by us. We will make reasonable efforts to tell you in advance if there are any additional installation costs, but it may not always be possible for us to do so. You agree to pay all additional costs, and understand that we may terminate this Agreement if you do not pay them; (ii) to provide repair and maintenance on the Equipment during the Useful Life of the applicable Equipment with no service charges or part replacement charges except (a) as described in paragraph 4, (b) if you (or a third party not authorized by us) alter, modify, adjust, damage, service, repair, move or disconnect the Equipment or if repairs are necessary because of use for which the Equipment was not intended, (c) where venting, piping, wiring, ducting and/or electrical services require cleaning, repair or replacement, or (d) as otherwise excluded in this Section 3. Our 24-hour per day, 7-days-per-week emergency phone number is 1-866-397-3787; (iii) to, from time-to-time (which may be more or less frequently than annually), contact you to arrange a mutually agreeable time for us to attend at the Premises to inspect the state of maintenance and repair of the Equipment and to confirm compliance by you with your obligations in this Agreement; (iv) that you will own any related piping, venting, wiring or ducting we install on the Premises, unless it is expressly itemized and included within the Equipment you are renting. We are not required to remove these items after this Agreement ends and have no responsibility for them if any of the Equipment is removed. Exclusions: (A) Our commitment does not cover any costs of diagnosis, service, repair, parts replacement or adjustment to the extent that: (i) Repairs needed as a result of: (a) abuse, tampering, alterations or repairs by persons other than us (b) accidental or deliberate damage, loss, theft, freezing weather conditions, subsidence, structural repairs, fire, lightening, explosion, earthquake, tornado, flood, storm, acts of war or other insurable risks; (c) lack of reasonable maintenance (e.g. pipe bursts due to cold weather or inadequate heating within the home or equipment failure due to lack of regular filter replacement); (ii) The thermostat is not at the proper setting; (iii) The pilot light has been extinguished by someone other than us; (iv)The household or building electrical fuse or breaker required for the Equipment is blown; (v) The Equipment has been turned off; (vi) Renovation related work; (vii) The costs of redecoration and restoration costs required as a result of any work performed in connection with this Agreement, including, but not limited to, wall coverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, counter tops, landscaping or repair of any structural or cosmetic defects. If it is necessary for us to dig on your property in connection with work performed in connection with this Agreement, we will fill any holes and leave the ground level or mounded, but we will not restore the original surface or construction, including upgrades or the cost of construction, carpentry, or other modifications made necessary by the Equipment; (viii) Loss or damage to property caused by the heating, cooling, appliance, electrical or plumbing or drains system breaking down (e.g. damage to furniture caused by water leaks); (ix) Service or repairs that are related to design or any modification to the Equipment, unless performed by us under this Agreement; (x) Electronic, computerized or energy management systems or devices; (xi) Providing for or closing access to covered items; (xii) Service, maintenance, repair, or replacement necessitated by any loss or damage resulting from any cause other than normal usage; (xiii) Loss or damage due to chemical or sedimentary build-up, misuse or abuse, unauthorized repair by others, failure to clean or maintain the Equipment, rust, corrosion, insect infestation, mould, mildew or bacterial manifestations, missing parts, structural change, fire, freezing, electrical failure or surge, water damage, lightning, mud, earthquake, tornado, soil movement, windstorms, hail, theft, negligence (except by us), intentional acts (except by us), riot, accidents (except caused by us), pet or pest damage, acts of God, or failure due to excessive water pressure or any other perils are not considered loss or damage by normal use; (xiv) Preventative maintenance other than to the extent noted above; and (xv) Consumable items, including but not limited to filters and fuses; (B) If, after installation, building or other code violations are discovered before or during the diagnosis or repair of Equipment, we will not be required to repair or service such Equipment until the corrective work is completed at your expense. If additional costs are incurred to comply with law, we shall not be responsible for, and you shall pay that expense. We are not responsible for service or repair of Equipment when permits cannot be obtained and we will not pay any costs relating to permits; (C) Our commitment does not cover service involving hazardous or toxic materials, asbestos, lead or the disposal of refrigerants or contaminants; (D) If a thermostat included in the Equipment fails, we will provide a replacement thermostat of our choice. Zone thermostats/controls and energy management controls are not covered by our commitment; (E) We are not responsible for insufficient air distribution due to existing ductwork design or clogged duct work or for insufficient water flow due to existing or clogged piping or radiators. Costs of refrigerant recovery, vacuuming and refill are excluded from our commitment; (F) If the monthly rental rate includes a charge for duct cleaning performed by us, it is a one-time service and our commitment is limited to a 30-day limited satisfaction guarantee (from the date of the cleaning), where we will redo your duct cleaning.

Customer's Commitment; Billing and Payment: You agree that: (i) You will pay your charges billed under this Agreement when due; (ii) You agree to pay GST and any other taxes payable in connection with this Agreement; (iii) You will promptly inform us of any change in (a) your mailing address; and/or (b) if previously provided, bank account or credit card information you provided; (iv) We may bill you for your charges directly or through our service provider. Acceptable methods of payment will be set out on the bill you receive. Should any payment be returned for non-sufficient funds (“NSF”), you agree to pay a NSF charge of $25. A late payment charge will apply to all overdue amounts on your bill, including applicable federal and provincial taxes. The rate for late payment charges is 1.5% per month or 18% per year (for an effective rate of 19.56% per year). Your bill is due on the date indicated on the bill; (v) If you are billed directly by us or our service provider, unless otherwise specified by you, we will email your monthly bill to the email address provided above. If no email address is provided by you or you notify us that you wish to receive your bill by mail, we will mail your bill to the Service Address or the Mailing Address, if a Mailing Address is provided by you. You may be subject to a paper bill charge if you wish to receive your bill by mail; (vi) The current monthly rental charge is the amount set out on the first page of this Agreement. We may increase our rental rates on July 1 of each calendar year by a percentage up to the percentage increase to CPI plus 2%. For the purposes of this Agreement, “CPI” means the All-items Consumer Price Index (not seasonally adjusted) for Canada or the equivalent thereof, or any comparable successor index thereof, published by Statistics Canada in October in respect of the immediately preceding September to September period, or by any other equivalent or duly authorized department of the Government of Canada (for clarity, the Consumer Price Index in Canada is expressed in terms of 2002 = 100). We will notify you of any such rental rate increases in advance in bill inserts, by letter, by email or by any method permitted by law. You agree to pay HST and any other taxes payable in connection with this Agreement; (vii) You will provide us with timely access to the Equipment whenever required by us to perform our obligations or exercise our rights under this Agreement; (viii) You will use the Equipment safely and responsibly, and you will: (a) ensure that no combustible, hazardous or flammable materials are used or stored in the same room as, or near, the Equipment; (b) ensure that the Equipment is not confined in a location where it is difficult to service or remove or where there is inadequate ventilation; (c) ensure that the filters, vents and openings are kept clear and clean and are otherwise kept well maintained by you; (d) provide us with access to the Equipment whenever reasonably required for purposes of inspection, maintenance, repair or removal and in connection therewith will authorize site personnel at your location to permit us access to the Premises; and (e) obtain our approval before you connect any add-on equipment, such as air handlers, humidifiers, storage tanks, air duct systems or hydronic baseboards to the Equipment. We are not responsible for the installation or maintenance of any add-on equipment, or for any damage caused by this add-on equipment or the Equipment if the damage occurred because of the add-on equipment. You will: (i) notify us promptly if the Equipment breaks down or is damaged; (ii) not permit anyone but us to service, repair, modify, move or disconnect the Equipment; (iii) be responsible for any damage to, or loss of, the Equipment, even if caused by you or third parties, unless caused by us or is otherwise part of our commitment described above; (iv) be responsible for any damage to, or loss of, the Equipment if caused by fire, flood, accident or other insurable risks; and (v) maintain in good working order the ancillary piping, venting, wiring or ducting owned by you. You will not tamper with any plate(s), tag(s) or sticker(s) identifying the Equipment as owned by us. At the end of the Useful Life of any Equipment, you are not obligated to rent and we are not obligated to supply replacement Equipment therefor, unless we mutually agree at the time pursuant to a new agreement. If the Equipment is gas-fired, you may be required, as the user of the Equipment under applicable law to ensure that it is maintained in a safe operating condition [insert Manitoba regulation if any]. If a service or repair is required please call 1-866-397-3787. This Agreement is binding upon and will enure to your heirs, personal representatives, successors and permitted assigns. You are responsible for any loss or damage to the Equipment from any cause, whether or not insured, until all of your obligations under the Agreement have been fulfilled.

Ownership of Equipment: During the Term, the Equipment remains the property of Service Experts or its assignee and although it may be affixed to the Premises, is not intended to become a fixture. You agree to assist in protecting our ownership interest by signing and providing any further documents we may reasonably require and you acknowledge that we may register notices of security or ownership as we deem appropriate, including on title to the Premises. You agree to keep the Equipment free of all liens, security interests, mortgages and other claims.

Personal Information About You: We collect personal information about you in order to establish and manage our, and our authorized service provider’s, business relationship with you. We won’t knowingly share this information with third parties without your permission, other than to service providers, parties that provide us with credit information, parties to whom we transfer, assign, encumber or otherwise dispose of this Agreement or the Equipment or otherwise in accordance with our Privacy Policy, which is available at www.serviceexperts.ca or can be obtained from our Privacy Officer. You may contact our Privacy Officer to discuss any questions or concerns related to the Privacy Policy, how your information is being handled, or to request that your personal information be revised or removed from our promotional list by telephone at: 1-866-397-3787 or by e-mail at: CustomerCare@ServiceExperts.com. You (i) consent to the collection, use, disclosure and maintenance of personal information and to receiving commercial electronic messages and promotional offers (such as tips to help you run your home or place of business more efficiently and reliably, special money-saving offers available to our customers and news about products and services that may be of interest to you) in accordance with the terms of our Privacy Policy (you may opt out at any time by contacting our Privacy Officer using the information below); and (ii) authorize us to use and disclose your personal information to: verify your identity when you request information about your account by telephone or email; bill, collect payment, manage your account and/or supply services to you under this Agreement; review information about your bill payments; provide to our authorized technicians and other companies that provide service under this Agreement; comply with law enforcement and/or a legal requirement; process past due accounts of yours which have been passed to a debt collection agency; and undertake a credit reference check and we agree that the results thereof, any other personal information provided by or about you shall be handled by us in accordance with applicable laws and the Privacy Policy. We may record our telephone conversations with you and disclose the recordings to achieve the purposes set out in this section.

Your Buy-out Option: You may not terminate this Agreement except as provided below. You may purchase the Equipment at any time. You may not purchase less than all of the Equipment. You may exercise your buy-out option by notifying us in writing or by calling 1-866-397-3787. If you tell us you want to buy the Equipment, we will calculate and tell you the purchase price. The purchase price can also be found on our website at www.serviceexperts.ca. When you exercise your buy-out option, you accept the Equipment in “as-is” condition, subject to the balance of any transferable manufacturer’s warranty, and you assume responsibility for the Equipment and its repair and maintenance. You also agree to pay the buy-out price, plus any applicable taxes, when invoiced by us. Once we receive payment of the buy-out price, this Agreement will terminate and you will have no further obligation to pay rent and we will have no further obligation to you.

Removal and Disposal: If any Equipment has reached the end of its Useful Life, we are not replacing it and you wish us to disconnect and/or dispose of the Equipment, you should call 1-866-397-3787. We will charge you in accordance with our then current fee schedules for removals or disconnections. We are not responsible for replacing the Equipment or re-connecting or responsible for any ancillary or other equipment, venting, piping, wiring or ducting.

Transferring This Agreement: If you are the Owner and you sell or otherwise transfer the Premises, you must inform the transferee, at or before the effective date of the sale or transfer, of the existence of this Agreement and the rental Equipment installed in the Premises. We will permit the purchaser to assume your rights and obligations under this Agreement, effective from the date of sale or other transfer, if (i) you or your representative notify the transferee in the sale or transfer agreement that the Equipment is rented and is subject to this Agreement, (ii) you or your representative advise us in advance of the transferee’s name and the intended date of sale or other transfer, (iii) you or your representative advise us in advance of the address and telephone number where you can be contacted after the date of sale or transfer, (iv) the transferee agrees to assume your obligations, and (v) you have paid us all amounts owing under this Agreement. Unless and until these conditions are satisfied, or unless we otherwise waive any or all of these conditions, which we are under no obligation to do so, you will remain responsible (individually or jointly and severally with the Lessee, as applicable) for the Equipment rental and your obligations under this Agreement, including making all rental payments. You hereby authorize us to respond to information requests relating to your account made by or on behalf of the transferee. We may (but are not required to) accept performance of your obligations (including payment) from other parties (such as tenants).

Termination of Agreement by Us: Each of the following will be events of default (a “Default”) by you: (i) bankruptcy, insolvency or receivership proceedings are commenced with respect to you; and/or (ii) If you breach any provision of, or fail to perform any of your obligations under, this Agreement. If you Default, we may, on 30 days written notice require that you immediately purchase the Equipment at the buy-out price and on the other terms set out in paragraph 7. If we choose not to exercise this option, or if you fail to pay the buy-out price, then we may (without further notice): (i) Terminate this Agreement; (ii) Enter the Premises and disconnect, remove and use or dispose of the Equipment for our own account; and/or (iii) Pursue any other remedies we may have at law. If we terminate this Agreement and/or remove the Equipment as a result of a Default, you agree to pay a removal charge in accordance with our then current fee schedules. You also acknowledge that we have no obligation to remove or re-sell the Equipment and you are not entitled to any proceeds of sale. Upon termination of this Agreement and/or removal of the Equipment, all amounts owing hereunder are due and payable.

Cancellation of Agreement by You: Please see the end of this Agreement, “Buyer’s Right to Cancel” for a statement of your statutory rights. In addition, if you cancel this Agreement after having solicited the goods or services from us and having requested that delivery be made or performance be commenced within 10 days after the date this Agreement is entered into, you agree that we are entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this Agreement was entered into and the date on which you gave notice of cancellation to us, except goods that can be repossessed by or returned to us. If we request in writing repossession of any goods that came into your possession under this Agreement, you agree to return the goods to our address, or allow us or a person designated by us in writing to repossess the goods at your address. If you cancel this Agreement, you agree to take reasonable care of any goods that came into your possession under this Agreement until one of the following happens: (i) we repossess the goods; (ii) we have been given a reasonable opportunity to repossess the goods and 21 days have passed since this Agreement was cancelled; (iii) you return the goods; or (iv) we direct you in writing to destroy the goods and you do so in accordance with our instructions.

Warranties, Limitation on Liability and Indemnification: We make no representations, warranties or conditions as to the performance of the Equipment except for those which are given by statute and which you cannot waive. We are not the manufacturer of the Equipment and we are not making any warranty or guarantee in respect of it, the supplier or the manufacturer of the Equipment, including whether the Equipment is suitable for you, except as provided above. Any warranties or guarantees provided under applicable legislation are hereby excluded to the extent permitted by law. We will not be liable for any loss, damage or injury of any type (including as a result of water leakage or any electrical or natural gas related events) arising out of or related to this Agreement or caused or contributed to in any way by the supply, installation, use and/or operation of the Equipment. We shall not be responsible for 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 all claims, losses and costs that we may suffer or pay or may be required to pay, including legal expenses, in connection with this Agreement, including its termination or enforcement, or the supply, use and/or operation of the Equipment including any claims against us for any injury or death to individuals or damage to property, including from your negligence or misuse of the Equipment. This obligation survives the termination of this Agreement for any reason.

Assignment: We may without notice transfer, assign, encumber or dispose of all or part of our interest in this Agreement and/or the Equipment to another party without your permission. 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. Except provided herein, you may not transfer, assign or encumber all or part of your interest in this Agreement or the Equipment without our prior written consent (see Section 9).

Miscellaneous: 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 such modifications as may be necessary to carry out the provisions and intent of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and federal laws of Canada applicable therein. This Agreement is the entire agreement between you and us and supersedes all prior agreements, understandings or discussions whether oral or written, and there are no warranties, representations or other agreements except as specifically set out in this Agreement. This Agreement may be amended from time to time by us by notice in bill inserts, by letter, by email or by any method permitted by law. You agree to pay all expenses incurred by us for any delinquent accounts, including, but not limited to actual attorneys’’ fees, filing fees and costs.

How To Contact Us:
Attention: “Rental Group”
CustomerCare@ServiceExperts.com
866-397-3787

• If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
• If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
• To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.

Commitment. “Our”, “us” “we” or “Service Experts” means SE Canada Inc. Our commitment to you, our rental customer, (“you”, “your” or “customer”), is to provide you with a reliable, trouble-free water heater in accordance with this Residential Water Heater Rental Agreement (the “Agreement”). The water heater (“Water Heater”) you rent from us, as set out above, is backed by Service Experts to the extent provided in this Agreement.

Term. The term of this Agreement commences on the date you agreed to this Agreement (as indicated above). 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 Service Experts 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 do not have any right to subsequently request a different water heater than the one you rent from us under this Agreement.

Our Obligation to You. Our obligation to you is to service and repair the Water Heater with no service charges or parts replacement charges except in the following circumstances: (a) if you (or a third party not authorized by us) alter, modify, adjust, damage, service, repair, move or disconnect, the Water Heater; (b) if service or repairs to the Water Heater are necessary because the Water Heater was used for an unintended or unauthorized purpose, including non-residential purposes; (c) unless you are paying our hard water rental rate, if the Water Heater requires de-liming, flushing or other repair due to water conditions or the quality of the environment in which the Water Heater is situated. For greater certainty, Service Experts determines hard water conditions. In such situations, we cover only diagnostic work; (d) where venting, piping, wiring, plumbing, ducting and/or electric services requires cleaning, repair, replacement or installation, including to meet applicable laws or installation requirements; (e)where re-setting is required due to FVIR “lock-out” as described below under “Customer Advisory”; (f) if you fail to maintain the Water Heater in accordance with the requirements set out below under “Customer Obligations - Safety”; (g) for service charges or parts replacement related to the use of load control devices, peak savings, load timers and all other energy saving devices; or (h) if you fail to notify us as described below under “Customer Obligations - Duty to Maintain”. Should you require assistance, our 24-hour per day, 7 days per week emergency phone number is 1-866-397-3787. Should we update this phone number, the updated number can be found on the Service Experts website at www.serviceexperts.ca.

Customer Obligations. In return for fulfilling our obligations to you, you agree that:
a) Rental Charges – The rate on the date of this Agreement for your monthly rental charge is indicated above. You will be responsible for paying rental charges from the date the Water Heater is installed (as indicated above) or, if you purchased the premises after the Water Heater was installed, from the closing date of the purchase. We may increase our rental rates on July 1 of each calendar year by a percentage up to the percentage increase to CPI plus 2%. For the purposes of this Agreement, “CPI” means the All-items Consumer Price Index (not seasonally adjusted) for Canada or the equivalent thereof, or any comparable successor index thereof, published by Statistics Canada in October in respect of the immediately preceding September to September period, or by any other equivalent or duly authorized department of the Government of Canada (for clarity, the Consumer Price Index in Canada is expressed in terms of 2002 = 100). We will notify you of any such rental rate increases in advance in bill inserts, by letter, by email or by any method permitted by law.
b) Payment of Charges – You will pay your charges billed under this Agreement when due. You agree to pay GST and any other taxes payable in connection with this Agreement. We may bill you for your charges directly or through our service provider. Acceptable methods of payment will be set out on the bill you receive. Should any payment be returned for non-sufficient funds (“NSF”), you agree to pay a NSF charge of $25. A late payment charge will apply to all overdue amounts on your bill, including applicable federal and provincial taxes. The rate for late payment charges is 1.5% per month or 18% per year (for an effective rate of 19.56% per year). Your bill is due on the date indicated on the bill.
c) Bill Delivery - If you are billed directly by us or our service provider, unless otherwise specified by you, we will email your monthly bill to the email address provided by you. In the event that no email address is provided by you or you notify us that you wish to receive your bill by mail, we will mail your bill to the Service Address or the mailing address, in the event a mailing address is provided by you. You may be subject to a paper bill charge in the event you wish to receive your bill by mail.
d) Access – You will provide us with timely access to the Water Heater whenever required by us to perform our obligations or exercise our rights under this Agreement.
e) Safety – You will use the Water Heater safely and responsibly. In particular, you will: (i) maintain effective operation of any plumbing and pumping systems supplying water to the Water Heater; (ii) ensure that no combustible, hazardous or flammable materials are used or stored in the same room as, or near, the Water Heater; (iii) 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; (iv) provide us with access to the Water Heater whenever reasonably required for purposes of inspection, repair, maintenance or removal; (v) inspect the area around the Water Heater on a regular basis for any sign of water leakage;(vi) contact us for service if you see any sign of carbon or rust on the bottom or sides of the Water Heater or any signs of water leakage; (vii) ensure that the Water Heater is located in an area with sufficient drainage in the vicinity, and that the drainage is open, unrestricted and effective; (viii) if the Water Heater is gas-fired, ensure that the vents and openings for combustion air are kept clear and clean and otherwise well-maintained and there is adequate ventilation; and (xi) not permit anyone who has not been authorized by us to service, repair, modify, alter, adjust, move or disconnect the Water Heater.
f) Duty to Maintain – If the Water Heater is gas-fired, you may be required, as the user of the Water Heater, under applicable law to ensure that it is maintained in a safe operating condition. In the event that a service or repair is required please call 1-866-397-3787.
g) Ownership, Credit and Security Interest. You agree that: (i) 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 this Agreement; (ii) during the term of this 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 or that it is owned by us; (iii) we may inquire about your credit history and, if necessary, use the personal information you have provided to 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 and the provisions of “Termination - Termination by Us” will apply; (iv) 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) if previously provided, bank account or credit card information promptly after such change is made; (v) this Agreement is binding upon and will enure to your heirs, personal representatives, successors and permitted assigns; and (vi) 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.

Sale of your Home. If you sell or otherwise transfer the premises, you are required to inform the transferee, at or before the effective date of the sale or transfer, of the existence of this Agreement and the rental Water Heater installed in the premises. We will permit the transferee to assume your rights and obligations under this Agreement, effective from the date of sale or transfer; provided that: (a) you or your representative notify the transferee in the sale or transfer agreement that the Water Heater is rented and is subject to this Agreement; (b) you or your representative advise us in advance of the transferee’s name and the intended date of sale or transfer; (c)you or your representative advise us in advance of the address and telephone number where you can be contacted after the date of sale or transfer; (d) the transferee agrees in writing or by conduct to assume your obligations under this Agreement; and (e) you have paid us all amounts owing under this Agreement. 5.Unless and until these conditions are satisfied, or unless Service Experts otherwise waives any or all of these conditions, which we are under no obligation to do, you will remain responsible for the Water Heater rental and your obligations under this Agreement, including making all rental payments. You hereby authorize us to respond to information requests relating to your account made by or on behalf of the transferee.

Customer Advisory. The Water Heater may be equipped with flammable vapour ignition resistant (“FVIR”) technology. Service Experts encourages you to read the Water Heater Use & Care Manual provided to you upon or after installation of the Water Heater. 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 Service Experts under this Agreement and, if applicable, you will be charged for both parts and labour at our then current rates.

Warranties, Liability and Indemnity. 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 and except any express warranties provided by the manufacturer of the Water Heater, except as provided below. Subject to you carrying-out your obligations under this Agreement (including those under “Customer Obligations”) and subject to the limitations set out under “Liability”, we hereby warrant that the Water Heater will work and provide hot water, and will not leak or rupture, for the term of this Agreement, reasonable wear and tear excepted. 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, except as provided above. Any warranties or guarantees provided under applicable legislation are hereby excluded to the extent permitted by law. Except as otherwise expressly provided in this Agreement, we will not be liable for any loss, damage or injury of any type (including as a result of water leakage or any electrical or natural gas related events) arising out of or related to this Agreement or caused or contributed to in any way by the supply, installation, use and/or operation of the Water Heater. We shall not be responsible for 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. 7. You will indemnify us from all claims, losses and costs that we may suffer or pay or may be required to pay, including legal expenses, in connection with this Agreement, including its termination or enforcement, or the supply, use and/or operation of the Water Heater including any claims against us for any injury or death to individuals or damage to property, including from your negligence or misuse of the Water Heater. This obligation survives the termination of this Agreement for any reason. During the term of this 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 this Agreement have been fulfilled.

Personal Information About You. We collect personal information about you in order to establish and manage our, and our authorized service provider’s, business relationship with you. We won’t knowingly share this information with third parties without your permission, other than to service providers, parties that provide us with credit information, parties to whom we transfer, assign, encumber or otherwise dispose of this Agreement or the Equipment or otherwise in accordance with our Privacy Policy which is available at www.serviceexperts.ca or can be obtained from our Privacy Officer. You may contact our Privacy Officer to discuss any questions or concerns related to the Privacy Policy, how your information is being handled, or to request that your personal information be revised or removed from our promotional list by telephone at 1-866-397-3787,
by email at CustomerCare@ServiceExperts.com, or by mail at P.O. Box 3007, Markham Industrial Park, Markham, ON L3R 6G4. You: (i) consent to the collection, use, disclosure and maintenance of personal information and to receiving commercial electronic messages and promotional offers (such as tips to help you run your home or place of business more efficiently and reliably, special money-saving offers available to our customers and news about products and services that may be of interest to you) in accordance with the terms of our Privacy Policy, you may opt out at any time by contacting our Privacy Officer using the information below); and (ii) authorize us to use and disclose your personal information to: verify your identity when you request information about your account by telephone or email; bill, collect payment, manage your account and/or supply services to you under this Agreement; review information about your bill payments; provide to our authorized technicians and other companies that provide service under this Agreement; comply with law enforcement and/or a legal requirement; process past due accounts of yours which have been passed to a debt collection agency; and undertake a credit reference check and we agree that the results thereof, any other personal information provided by or about you shall be handled by us in accordance with applicable laws and the Privacy Policy. We may record our telephone conversations with you and disclose the recordings to achieve the purposes set out in this section. You may contact our Privacy Officer to discuss any questions or concerns related to the Privacy Policy, how your information is being handled, or to request that your personal information be revised or removed from our promotional list by telephone at 1-866-397-3787, by email at CustomerCare@ServiceExperts.com, or by mail at P.O. Box 3007, Markham Industrial Park, Markham, ON L3R 6G4.

Termination.
a) Termination by Us – If you fail to meet any of your obligations (including payment 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, finance and servicing costs, which buyout price can be found on our website. You can also confirm the buyout price by calling a Service Experts Rental Specialist at 1-866-397-3787. You may exercise your buyout option by notifying us in writing or by calling a Service Experts Rental Specialist at 1-866-397-3787. 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.

Cancellation of Agreement by You. Please see the end of this Agreement, “Buyer’s Right to Cancel” for a statement of your statutory rights. In addition, if you cancel this Agreement after having solicited the goods or services from us and having requested that delivery be made or performance be commenced within 10 days after the date this Agreement is entered into, you agree that we are entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this Agreement was entered into and the date on which you gave notice of cancellation to us, except goods that can be repossessed by or returned to us. If we request in writing repossession of any goods that came into your possession under this Agreement, you agree to return the goods to our address, or allow us or a person designated by us in writing to repossess the goods at your address. If you cancel this Agreement, you agree to take reasonable care of any goods that came into your possession under this Agreement until one of the following happens: (a) we repossess the goods; (b) we have been given a reasonable opportunity to repossess the goods and 21 days have passed since this Agreement was cancelled; (c) you return the goods; or (d) we direct you in writing to destroy the goods and you do so in accordance with our instructions.

End of this Agreement. At the end of this Agreement (for whatever reason): (a) 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) Service Experts 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) 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 1-866-397-3787 to make such arrangements. We will charge you in accordance with our then current fee schedules for removals or disposals; and (d) 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.

Assignments. We may transfer, assign, encumber or otherwise dispose of all or any part of our interest in this Agreement and/or the Water Heater to another party at any time without notice to you and without your permission. 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. Except as otherwise provided in this Agreement, you may not transfer, assign or encumber all or part of your interest in this Agreement or the Water Heater without our prior written consent (see the section called “Sale of your Home”).

Miscellaneous. 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 such modifications as may be necessary to carry out the provisions and intent of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and federal laws of Canada applicable therein. You understand that this Agreement is the entire agreement between you and us and supercedes all prior agreements, understandings or discussions, whether oral or written, and there are no warranties, representations or other agreements except as specifically set out in this Agreement. This Agreement may be amended from time to time by us by notice in bill inserts, by letter, by email or by any method permitted by law in which case you will have the option to not accept such amendment and retain this Agreement unchanged.

How To Contact Us: Attention:
SE Canada Inc.
Attention: Rental Group
P.O. Box 3007
Markham Industrial Park
Markham, ON L3R 6G4
CustomerCare@ServiceExperts.com
1-866-397-3787

Buyer's Right to Cancel. You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel. If we do not make delivery within 30 days after the delivery date specified in this Agreement or if we do not begin performance of our obligations within 30 days after the commencement date specified in this Agreement, you may cancel this Agreement within one year of the Agreement date. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

If the delivery date or commencement date is not specified in this Agreement and we do not deliver or commence performance within 30 days after the date this Agreement is entered into, you may cancel this Agreement within one year of the Agreement date. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Consumer Protection Office (Manitoba).

To cancel this Agreement, you must give notice of cancellation to us, at the address set out above in Section 16 (How To Contact Us), by any means that allows you to prove the date on which you gave notice.

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.

To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.
100% Satisfaction Guaranteied*
We agree to accept responsibility for your 100% complete satisfaction with the materials and the work provided by us and paid for by you.

TERM AND RENEWAL
The initial term of the Platinum Plus™ Protection Plan (the “Plan”) is 364 days from the date of enrollment (the “Term”), except as specifically noted in this document. Your Plan will renew automatically at the expiration of each Term (the “Renewal Date”) unless: (i) you have given Service Experts (“SE”) written notice no later than 10 days after the Renewal Date that you do not wish to renew your Plan; or (ii) SE has given you notice prior to the Renewal Date that your Plan will not be renewed. At any time, SE may modify these Terms and Conditions, including annual Plan service prices. Prior to the Renewal Date, SE will notify you of any changes to these Terms and Conditions, and such changes will automatically be in effect from the Renewal Date.

SERVICES INCLUDED
Subject to the exclusions described herein, and in particular, the Excluded Costs described herein, the Plan includes: (a) annual check-up and cleaning of your heating unit; (b) annual check-up and cleaning of your air conditioning unit; (c) diagnosis and servicing, repair and/or replacement of problem parts within your “heating unit / cooling unit” and the thermostat, with some exceptions noted below. Labor and replacement costs are included for parts and services included in the Plan. These annual maintenance visits will be scheduled by SE based on availability during the Term.

EQUIPMENT COVERED
You may elect to include individual units/components or a system in your Plan as follows (unless otherwise excluded in these Terms and Conditions). The Plan cost will vary depending upon your election. (a) Heating: The Plan includes the following: residential natural gas furnace, oil furnace, boiler (excluding drain system), space heater, air handler, or primary heat source fireplace in residences comprised of 2 or fewer dwelling units. (b) Cooling/Heat Pumps: The Plan includes the residential electric powered central air conditioning unit/heat pump unit in residences comprised of 2 or fewer dwelling units. (c) Package Units: The plan includes all items stated in (a) Heating and (b) Cooling plans. Exclusions: The Plan does NOT include: indoor air quality accessories, equipment using conversion burners, the conversion burner itself, water source heat-pumps, ductless air conditioning systems, wall unit air conditioning systems, natural gas powered air conditioning, and high velocity air conditioning units. It also does not include Heat Exchanger and Compressor.

QUALIFYING EQUIPMENT
SE shall perform an inspection of all equipment prior to commencement of the Term to determine if the equipment qualifies under this agreement. SE reserves the right to decline any equipment for any or no reason. In the event SE determines that additional service is necessary for equipment to qualify for a Plan, Service Experts will provide such additional service during its first maintenance visit at an additional charge. SE reserves the right to decline any equipment if repairs required to qualify for the Plan, as determined by SE, are not made prior to the commencement of the Term.

THERMOSTAT FAILURE
If your thermostat fails, SE will provide a replacement with a make/model of SE’s choice that enables similar operation of your current dependent heating, ventilation, and/or air conditioning equipment. Zone thermostats/controls and programmable thermostat controls are not included in the Plan.

ANCILLARY EQUIPMENT
The Plan does NOT include: (a) Heating: ancillary equipment such as air conditioners, humidifiers, condensate pumps, air cleaners, parts added on to your heating unit to accommodate such equipment, or repairs to the furnace made necessary as a result of faulty ancillary equipment; (b) Cooling: ancillary equipment such as furnaces, humidifiers, condensate and air cleaners, or repair to the air conditioning unit made necessary as a result of faulty ancillary equipment.

UNAVAILABLE PARTS
SE will attempt to obtain replacement parts or appropriate substitutes as quickly as reasonably possible. SE is not responsible for delay in obtaining parts due to limited availability. In the event that SE is not able to obtain a replacement part, or obtain it at a commercially reasonable cost, SE will not be responsible for the related replacement. In any such case, you or SE may terminate the Plan for the equipment involved. If there has not been a prior service call paid by the Plan in the current Term, the annual Plan service price will be refunded in full upon such termination. If a prior service call has been made, liability of SE will be as set forth in the “Miscellaneous” portion of these Terms and Conditions.

EXCLUDED COSTS
The Plan does not include the costs of problem diagnosis, service, repair, parts replacement, or labor, material, or adjustment required as the result of an event(s) or circumstance(s) unrelated to the inherent nature of the equipment itself. In addition to and without limiting the generality of the foregoing, the Plan does not include the costs of problem diagnosis, service, repair, parts replacement, labor, material, or adjustment required as the result of:
(a) abuse; (b) tampering; (c) alterations or repairs not completed by Service Experts; (d) fire; (e) freezing; (f) an act of God; (g) an act of nature; (h) a power outage; (i) a water supply outage; (j) rodent infestation; (k) insufficient or lack of maintenance, including, but not limited to, lack of filter maintenance; (l) problems relating to improper sizing or application of equipment; (m) the turning off of the furnace/air conditioning unit; (n) the thermostat not being at the proper setting; (o) the pilot having been extinguished by someone other than an SE technician; (p) the fact that the household electrical fuse or breaker required for the furnace/air conditioning unit was blown; (q) diagnostic service, repair or replacement related to a part not specifically listed in these Terms and Conditions as included in the Plan or to a part that is subject to a manufacturer’s parts recall; (r) installation, application or operation of the equipment inconsistent with the manufacturer’s installation instructions (including but not limited to mismatched components); (s) damage of a purely cosmetic nature; (t) having used the equipment or its parts in a manner inconsistent with its intended use; or (u) an abnormal condition.

To avoid unnecessary costs, please review the above list prior to calling SE for service.

LIABILITY
Damages resulting from the failure of replacement parts or services performed under the Plan are not the responsibility of SE, unless such damages result from SE’s negligence.

MISCELLANEOUS
If you cancel your Plan prior to the Renewal Date, any payments owing for the Plan service price for the Term become due. Your Plan is not transferable to another residence and, except as specifically noted in this document, is non-refundable. If you move, the balance of the Plan then in effect remains with the heating/cooling unit and will be transferred to the new owner. SE reserves the right to assign our rights and/or obligations in connection with the Plan to the third party. Pre-existing problems are excluded from the Plan. SE will determine whether parts replacement or repairs are necessary. Service and parts must be provided solely by SE. SE will not reimburse you for the costs of services performed or parts replaced by another contractor. All parts replaced under the Plan become the property of SE . SE reserves the right to discontinue at any time your Plan. If SE discontinues the Plan, SE’s obligation will be restricted to refunding the unexpired portion of the Plan service price, if any, and to completing any repairs or parts replacements included in your Plan for which you have notified SE up to the date your Plan is discontinued. Furthermore, if SE has performed service under your Plan that exceeded the Plan service price, SE will not be obligated to refund the unexpired portion of the Plan service price.

REPLACEMENT ALLOWANCE
In the event SE determines that replacement of equipment included in the Plan is necessary, SE will provide a replacement allowance on new equipment, as well as a credit equivalent to the unexpired portion of the annual Plan service price applicable to the purchase of a new system from SE.