The following Terms & Conditions (which together with the Agreement Form to which they are appended are collectively referred to as this “Agreement”) are the full and complete agreement with the Customer (the “Customer” being the name and signatory on the Summitt Home Protection Plan (“HPP”) Agreement Form who is the person entering into this Agreement with Summitt Home Services LP). If more than one person is named on the front of the Customer’s utility bill, the Customer understands that each person shall be deemed the “Customer” and each person has the authority to enter into this Agreement. Each person shall be individually liable, and all of the Customers are collectively, jointly, and severally liable, for all obligations, liabilities and indebtedness imposed on Customer by this Agreement.
– To: Summitt Home Services L.P. (“Summitt”) and Gas Distribution Company (or Companies) for the Service Address (my “Utility”)
1. Appointment of Agent The Customer hereby appoints Summitt to be their agent and HPP supplier for all purposes related to the arrangement of HPP billing to the Service Address on this Agreement (“Appointment of Agent”). The Customer’s Utility and all other related third parties are entitled to rely upon all actions taken, or documents signed, by Summitt in connection with or pursuant to this Appointment of Agent as though the Customer had taken such action or signed such document himself/herself including, without limitation, the negotiation, implementation, operation, performance, amendment and termination of any HPP arrangement. This Appointment of Agent shall be effective from the date the Customer signs the Agreement and shall continue until the last day of the term of this Agreement including any renewals as agreed upon from time to time as provided for in the Terms and Conditions below.
2. OUR SERVICE COMMITMENT TO CUSTOMER Summitt’s commitment to the Customer is to offer repair services as outlined below in these Terms and Conditions. This Agreement shall be in effect 30 days after the date the Agreement is accepted by Summitt. An emergency telephone number 1-877282-8265 is available to the Customer 7 days a week, 24 hours a day to handle the dispatching of emergency service requirements.
3. CUSTOMER’S COMMITMENT TO SUMMITT Summitt will honour our Service Commitment and, in return, the Customer agrees that: they represent and warrant that they have the authority to enter into this Agreement either as the owner of the Premises, or because they have been authorized to enter into this Agreement as such owner’s duly authorized agent.
4. DIRECTION AND EXCHANGE OF PERSONAL INFORMATION: I direct Summitt to enter into arrangements on my behalf with my Utility with regard to billing arrangements in conjunction with the HPP. In addition, I authorize and direct my Utility and any related third party to release to Summitt all information in such person’s possession and control relating to me, but not limited to any related credit and payment history.
5. SUMMITT HOME PROTECTION PLAN: The Summitt Home Protection Plan covers: (i) the diagnosis and repair, replacement or adjustment, as Summitt determines necessary, of specified parts within the Customer’s “heating/cooling unit” (subject to the applicable Agreement plan) subject to the conditions noted below and (ii) parts and services resulting from all labour and part replacement costs, up to the limits described below. The Summitt Home Protection Plan does not cover boiler systems.
I. Summitt Home Protection Heating Plan: The Summitt Home Protection Heating Plan covers the following: (i) residential natural gas furnaces (“the heating unit”). The following is a complete list of parts that are covered by the Customer’s Summitt Home Protection Heating Plan: • Gas Burner and Orifices • Automatic Gas Control Valves • Gas regulator • Electric Ignition System • Relay Switch • Flame Spreader • Pilot Burner • Thermocouple/Generator • Fan and Limit Controls • Power Burner Motor • Heating Circuit transformer • Venter Motor Assembly • Roll out Switch
This program does not cover heat pumps, equipment using conversion burners, the conversion burner itself and ductless, wall unit, boiler, space heater, air handler, or primary heat source fireplace, heat pump and high velocity units. Equipment serving more than one dwelling unit is not eligible for coverage. The following parts are excluded from coverage under the Customer’s plan: heat exchanger, heating coil (air handler), firebox/combustion chamber, furnace filters, low and high water cut-off valves, circulating pumps, zone valves, and parts added on to accommodate ancillary equipment such as air conditioners, humidifiers, etc.
II. Summitt Home Protection Cooling Plan: The Summitt Home Protection Cooling Plan covers the following: (i) residential electric powered central air conditioning units (the “cooling unit”). The following is a complete list of parts covered by the Customer’s Summitt Home Protection Cooling Plan: • Add-on Fan Centres • Capacitor • Line Components • Internal Copper Tubing • Low Ambient Temperature Sensor • Add-on Indoor Fan Relay Natural gas powered, ductless, wall unit, heat pump and high velocity air conditioning units are not eligible for coverage. Equipment serving more than one dwelling unit is not eligible for coverage. The following are exceptions from coverage under your plan: compressor and condenser coil replacement. Repairs required within the cooling unit or air handler are not covered by the Summitt Home Protection Cooling Plans. III. Summitt Home Protection Maintenance Plans: The Summitt Home Protection Maintenance Plans cover the same equipment as the Summitt Home Protection Heating Plan and Summitt Home Protection Cooling Plan with the addition of an annual 12 point inspection to be completed by a licensed, professional service technician. Appointment for the annual inspection is to be made by the Customer by contacting Summitt Home Services at 1-877-282-8265.
IV. Summitt Home Protection Combo Plan: The Summitt Home Protection Combo Plans cover the same equipment as the Summitt Home Protection Heating Plan and the Summitt Home Protection Cooling Plan. • Vent System pressure Switch • Condensate Pump • Furnace Low Voltage Circuit Fuse • Automatic Vent Damper/Motor • Aqua Stat Controls • Flow Switch • Pulley and Belt • Blower/Component • Fan Motor • Door Switch • Summer/Winter Switch • Thermostat • Cooling Contractor/Relay • Evaporator Coil • Internal Electric/Wiring • Condenser Fan Motor • Thermostat • Fan Blade
6. REPLACEMENT PROGRAM If repairs exceed $1,000.00 or the Customer’s heating or cooling unit require the replacement of the heat exchanger, condenser coil, or compressor, and these replacement parts are not covered under the Customer’s Plan, or the unit is deemed irreparable by our licensed technician, the Customer will be provided a credit of $500 (or equivalent in rental furnace/AC deferred payments) towards the purchase/rental of a new replacement unit from Summitt Home Services LP. The Customer’s protection plan is transferable to the new unit(s).
7. OTHER TERMS • Summitt will not reimburse the Customer for the costs of services or parts replacement performed by contractors that have not been authorized by Summitt. • Except as specifically noted in this Agreement, the Customer’s plan coverage is non refundable. The Customer’s plan coverage is transferable to another residence. • Summitt has the right to change, from time to time, any term of this Agreement, including any plan rates and charges by sending the Customer prior notice of the change and such change will be effective 30 days after the date set out in that notice. If the Customer does not consent to a price change the Agreement may be terminated without penalty.
8. CANCELLATION The Customer’s coverage under any of the plans will be in effect until cancelled by either Summitt or by the Customer upon written notice to the other party. Such cancellation will be effective on the date written notice is given unless the party giving the notice indicates otherwise within such notice. If the Customer cancels this Agreement, the Customer will remain liable to Summitt for any outstanding amounts owing on the Customer’s account. In the event that Summitt cancels this Agreement, Summitt’s liability will be restricted to a refund, if any, of the unexpired portion of any payments made, and to completing any repairs or parts replacements covered by the Customer’s plan for which the Customer has notified Summitt up to the date of the termination of this Agreement. If Summitt is unable to enroll the Customer with the utility for billing purposes, Summitt may cancel the Agreement, and shall send a written notice to the Customer of such cancellation.
9. BILLING I acknowledge that my Utility will bill me for the HPP and any other fees, charges or taxes including the Harmonized Sales Tax (HST), relating to this ser vice at the Service Address in accordance with my Utility’s billing practice and my Utility’s usual billing cycle. I further acknowledge that, at some point during the Term, Summitt may choose to bill me directly for all costs associated with the HPP to the Service Address, provided that I will not have to pay any additional fees or costs as a result of Summitt billing me directly above and beyond the fees and costs mentioned above. In the event that Summitt bills me directly, Summitt’s billing terms will be as follows: Summitt shall invoice me monthly for all amounts due to Summitt pursuant to the Agreement for the applicable billing period. I shall pay to Summitt in full any amounts owing by the due date indicated on the invoice. If I fail to pay on time, I shall pay 1% interest per month (12% per annum) on the unpaid amount, from the due date of payment until payment is received. Summitt or my Utility is entitled to revise any bill if necessary to account for any reassessment by my Utility. I shall be responsible for all costs that relate to any failure to pay, including charges for dishonoured cheques, legal and collection costs. Summitt shall be entitled to revise any bill after it is rendered, regardless of payment by me, to account for any reassessment made by Summitt or by my Utility.
10. PRICING AND TERM I. Price: I agree that the Price of the HPP shall be as selected on the Agreement Form. I agree to pay the Price and also agree to pay any administration fees charged to Summitt by my Utility. The Price does not include federal, provincial and municipal taxes, including the HST, payable in connection with the HPP to the Service Address.
II. Term: Subject to the termination rights contained in this Agreement, the term of this Agreement is for 5 years, and commences 30 days after the date of acceptance of the Agreement by Summitt and continues until the last day of the Term of the Agreement, including any renewal periods, as set out on the Agreement. Summitt may renew the Agreement by delivering to the Customer a proposal to renew (the “Proposal”) at least thirty (30) days and no more than ninety (90) days prior to the Anniversary Date of this Agreement. If the Customer notifies Summitt of their intention to renew the Agreement, the Customer agrees to extend this Agreement for the additional term at the price indicated on the Proposal, and to be bound thereby effective the date specified in the Proposal. The Proposal will include a copy of this Agreement and any changes to the Agreement. Summitt will also provide the customer with an updated version of the agreement to the consumers within 45 days after the Customer agrees to the Proposal. Summitt may cancel the Customer’s HPP if Summitt has given notice to the Customer prior to the Anniversary Date that Summitt does not wish to renew the Customer’s coverage. If the Customer purchased Summitt’s Combo Protection Plan, the entire Combo Protection Plan will be cancelled.
11. ELIGIBILITY HPP coverage applies only to single family residence, be it a house, townhouse, condominium, or apartment unit, modular unit.
12. CHANGE OF INFORMATION OR SERVICE ADDRESS If I plan to move to another location, I will notify Summitt in writing of my new Service Address at least 30 days in advance of the anticipated relocation date. Upon receipt of such notice, Summitt will advise me as to whether Summitt is prepared to continue HPP to me at my new Service Address, and, if so, the terms of this Agreement shall apply to the new location. My Utility may provide to Summitt a notification of a change of address within my Utility’s franchise area and when Summitt receives such notice it will use its best efforts to continue the program contemplated by this Agreement for the remaining term of this Agreement at the new Service Address. If Summitt is unable to transfer the Agreement to my New Address, this Agreement shall be automatically cancelled without penalty. I also agree to notify Summitt in writing of any other change of information (including a change of account number, contact information or Mailing Address) at least 60 days prior to such change taking effect or immediately if the change is to take effect in less than 60 days.
13. LIQUIDATED DAMAGES If Summitt terminates this Agreement because I am in default, I agree to pay Summitt, in addition to all other amounts owing by me hereunder at the date of such termination, damages equal to the amount of $100 per HPP (Furnace or Air Conditioner), or $200 for the Combo Protection Plan (Furnace and Air Conditioner). The Damages are hereby conclusively deemed to be liquidated damages and shall not, under any circumstances, be construed as a penalty. I authorize my Utility to include the Damages in my utility bill as an amount payable to Summitt.
14. ASSIGNMENT Summitt may, in its sole discretion, pledge, assign or otherwise transfer all or any of its rights or obligations under this Agreement or any proceeds arising pursuant to this Agreement without my consent. I shall not pledge, assign or otherwise transfer all or any of my rights or obligations under this Agreement. This Agreement shall be binding upon and shall ensure to the benefit of the successors and assigns of Summitt and myself.
15. UNAVAILABLE PARTS and PART REPLACEMENT If a part is unavailable, Summitt will attempt to obtain a replacement part or an equivalent substitute as quickly as possible, but limited availability of certain parts may result in delays from time to time. In the unusual event that Summitt cannot provide a part replacement or an equivalent substitute, Summitt will not be liable for such part replacement, equivalent substitute or for any resulting damages. Parts replacement or equivalent substitutes are solely at Summitt’s discretion. Any part that is found to be defective and is replaced under your plan coverage becomes Summitt’s sole property and may be disposed of at Summitt’s discretion.
16. LIMIT ON LIABILITY Summitt is not the manufacturer or supplier of the heating unit or the cooling unit and Summitt makes no representations, warranties or conditions as to the performance of either unit. Summitt will not be liable for any loss, damage or injury of any type arising out of or related to this Agreement or caused or contributed in any way by the use and operation of the heating unit and/or the cooling unit or any indirect, incidental, special or consequential damages, even if reasonably foreseeable. If Summitt is not able to perform any of its obligations under this Agreement because of circumstances or events beyond its control, Summitt shall be excused from the performance of such obligations for the duration of such circumstances or events and Summitt shall not be liable to the Customer for such failure to perform. These plans do not cover any losses, repairs or replacements arising from abuse, accidental or deliberate damage, theft, vandalism, fire, flood, earthquake, other natural disasters, acts of war, acts of God, unauthorized repair, if the equipment has been turned off, improper thermostat setting, or household electrical problems. The Customer agrees to indemnify Summitt from all claims, losses and costs that Summitt may suffer or pay, or may be required to pay, including legal expenses, in connection with the heating unit, the cooling unit, this Agreement or the use and operation of either unit, including any claims against Summitt for any injury or death to individuals or damage to property. The Customer will pay, when due, all taxes and other charges imposed by any governmental or regulatory authority or in connection with this Agreement or your payments made under it.
17. AMENDMENTS Summitt may amend this Agreement at any time by providing the Customer with written notice of the necessary changes or amendments and this Agreement shall be amended 30 days after the date of such notice.
18. MISCELLANEOUS This Agreement is binding upon and will enure to the Customer’s respective heirs, personal representatives, successors and permitted assigns. Except as specifically provided for herein, the Customer may not assign this Agreement to anyone without Summitt’s prior written consent. This Agreement is the entire agreement between Summitt and the Customer. It is governed by the laws of the Province of Ontario. Should any of the terms and conditions in this Agreement be held invalid for any reason by a Court or regulatory/government body of competent jurisdiction, then such terms or conditions shall be deemed severed from this Agreement and the remaining terms and conditions shall continue in full force and effect. Summitt’s charges will appear in the Other Companies section of the Customer’s Enbridge Gas Distribution bill. These offers and claims are made by Summitt alone. Summitt is not owned by or affiliated with Enbridge Inc. or Enbridge Gas Distribution.
20. SUMMITT CONTACT INFORMATION If I have any questions or concerns, I will contact Summitt by telephone at 1-877-282-8265 or e-mail at [email protected], by facsimile, mail, or by personal delivery. Please address all written correspondence to Manager, Customer Service.
21. YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002 You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. 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 the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. 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 Ministry of Consumer Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is 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 the supplier, except goods that can be repossessed by or returned to the supplier.
Accepted by Summitt Home Services L.P. by its general partner, Summitt Home Services G.P.