DISCLAIMER OF WARRANTY
The information, services, and data made available on this website are provided on an “as-is” basis for informational purposes only and without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
Therm-All WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, EXPENSES OR CLAIMS OF EVERY NATURE OR TYPE WHATSOEVER, RESULTING FROM:
- the use of or Therm-All on the information contained in this website;
- any inaccuracy or omission in the information contained in this website or the failure to keep such information current;
- any inaccurate or incomplete information caused by Internet software or transmission problems;
- the use of the Internet generally, including Internet software, computer viruses; and/or
damage to your computer hardware, data, information, materials, or business resulting from the information or lack of information on this website;
- Internet Security and email
We recommend the use of appropriate security, antivirus, and other protective software. Any unprotected email communication over the Internet is NOT confidential and could be lost, intercepted, or altered. To protect yourself, do not send sensitive information (such as passwords, credit card numbers, etc.) to Therm-All or anyone else via email. Therm-All is not responsible for and will not be liable to you or anyone else for any damages in connection with an email sent by you to Therm-All or an email sent by Therm-All to you at your request, or in response to an email from you.
TRADEMARK AND COPYRIGHT NOTICES
This website and the contents hereof are protected by copyright, trademark, or other proprietary rights of Therm-All or third parties and is protected under the copyright laws of Canada and other countries. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of this website may be a violation of any federal or other law that may apply to trademarks and/or copyrights and could subject the copier to legal action.
Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify, or make public or commercial use of, in any form, the information on this website.
Subject to the preceding paragraph, Therm-All hereby grants to you a limited license to print and copy information contained in this website for your own personal, non-commercial use. Such license is revocable at Therm-All’s sole option. If any such use of this information is made, you shall ensure that all copyright, trademark, and other proprietary notices are retained and you must explicitly acknowledge Therm-All as the sole owner of such information.
Therm-All is based in Ontario, Canada. Any dispute arising out of the use of this website shall be governed by the Laws of the Province of Ontario, Canada and shall be brought exclusively in the courts of Ontario. Therm-All makes no representation that this website or the contents hereof is appropriate or legal in all jurisdictions. If you are accessing this website from outside of Canada, you do so at your own risk and you are responsible for ensuring that all applicable laws are complied with.
Any alterations, additions, adjustments or repairs made by a party other than Therm-All, unless authorized or agreed upon in writing by Therm-All, will be cause to terminate Therm-All’s obligation under the contract.
TERM OF RENTAL:
You agree to rent from us the equipment from when we install the equipment until this Agreement ends unless terminated earlier by you or us (“Term”). 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 owed by you prior to the termination of this Agreement shall survive termination until fully satisfied, as determined by us.
CUSTOMER COMMITMENT- BILLING & PAYMENT:
You agree that: (i) You will pay your charges billed under this Agreement when due; (ii) You agree to pay HST 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) your charges may be included on your utility bill or 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 nonsufficient funds (NSF), you agree to pay a NSF charge of $40. 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 2.0% per month or 24% 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. 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, 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. (vii) You will use the equipment safely and responsibly, and in particular 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 Therm-All’s 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. If you sell, lease or otherwise transfer the premises, you will, in addition to your obligations otherwise set forth herein, advise us in advance and advise the transferee that the equipment is rented pursuant to this Agreement. 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 are required, as the user of the Equipment, under law to ensure that it is maintained in a safe operating condition [Ontario regulation 212/01 Section 15]. In the event that 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. During the Term , 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 Therm-All and/or Vista Credit 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.
THERM-ALL HEATING/COOLING PROTECTION PLANS:
Cover the diagnosis and repair, replacement or adjustment, as we determine necessary, of specified parts within your heating unit (if your plan includes a Heating Protection Plan) and cooling unit (if your plan includes a Cooling Protection Plan) subject to the exceptions noted below.
For parts and services included in the Comfort Heating/Cooling Protection Plans, you are protected from all labour and part replacement costs, up to the limits described below.
THERM-ALL HEATING/COOLING PROTECTION PLUS MAINTENANCE PLANS:
If your plan includes a Heating Protection Plus Maintenance Plan same coverage as Comfort Heating Protection Plans plus a 21-point annual check-up and cleaning of your heating unit including a safety test for carbon monoxide, where applicable.
Flushing of the heat exchanger or additional cleaning that is required due to insufficient maintenance, prior to joining any Therm-All Heating Protection Plan or Plus Maintenance Plan is excluded from coverage and will be charged to you at our standard labour rate.
Boiler system drainage and refill are excluded from any Therm-All Heating Protection Plan or Plus Maintenance Plan coverage.
If your plan includes a Cooling Protection Plus Maintenance Plan, same coverage as a Therm-All Cooling Protection Plan, plus an annual check-up and cleaning of your cooling unit.
The costs to diagnose and replace any defective parts which have caused a refrigerant leak are included in your Therm-All Cooling Protection Plan or Plus Maintenance Plan including refrigerant recovery, vacuuming, and refill.
Additional cleaning that is required due to insufficient maintenance prior to joining any Therm-All Cooling Protection Plan or Plus Maintenance Plan is excluded from coverage and will be charged to you at our standard labour rate.
Although we may attempt to remind you from time to time of any annual check-up or cleaning to which you may be entitled, we are not obligated to do so, and you are responsible for contacting us to arrange any such annual check-up or cleaning at a mutually convenient time. We will not be responsible for any annual check-up or cleaning that is not provided due to you failing to contact us.
For additional information, please contact Therm-All at 519-267-8437.