Air Conditioning

Protection Plan Terms & Conditions

Your Consent Regarding Information:

You consent to our collection of your credit, financial and related personal information, and to the exchange of this information between us, credit bureaus, financial institutions, our subsidiaries and affiliates and other persons with whom you have had or may have financial dealings, and to our use of this information for the purposes of: verifying and evaluating your creditworthiness and other information you provide to us in connection with your account (including verifying your identity for regulatory compliance purposes); establishing, servicing and collecting on your account; providing the products and services you request; providing credit references; communicating with you for these purposes; and meeting legal, regulatory, audit, processing and security purposes, and as otherwise permitted or required by law. In addition to the purposes above, we and our affiliates assume that you consent to our use of your contact information to provide you with occasional information about other products and services offered by us or our affiliates.

*CUSTOMER REWARDS

As a Protection + Maintenance Plan customer, you may be eligible for certain exclusive benefits and offers. To inquire about the benefits and offers that may apply to you, please contact us. Thank you for choosing ThermEnergy Heating and Cooling Inc. We look forward to meeting your home comfort needs.

OTHER TERMS

• We will not reimburse you for the costs of services or parts replacement performed by contractors that have not been authorized by us.
• Except as specifically provided, your plan coverage is non-refundable. Your plan coverage is not transferable to another residence.
• We have the right to change, from time to time, any term that applies to your plan, including any plan rates and charges, by sending you prior notice of the change and such change will be effective 30 days after the date set out in that notice.
• We may sell, assign or otherwise dispose of, or grant a security interest in, all or part of our right and interest in this agreement to anyone else, 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. The costs of redecoration and restoration costs required as a result of any work performed in connection with any of the Plans are not covered. This includes wall-coverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, countertops, landscaping or repair of any structural or cosmetic defects.

PROTECTION PLANS – TERMS AND CONDITIONS SERVICES COVERED

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 Heating/Cooling Protection Plans, you are protected from all labour and part replacement costs, up to the limits described below.

EQUIPMENT COVERED

Heating Protection Plans:

Covers one of the following: residential natural gas furnace, space heater, air handler, heat pump, or high velocity unit (the “heating unit”). Equipment using conversion burners, the conversion burner itself, fireplaces and ductless or wall units are not eligible for coverage. Equipment serving more than one dwelling unit is not eligible for coverage. Heating equipment that heats using electricity or a fuel other than natural gas (e.g. oil, propane, wood, etc.) is not eligible for coverage.

Cooling Protection Plans:

Coverage for a residential electric powered central air conditioning unit, heat pump or high velocity air conditioning unit (the “cooling unit”). Natural gas powered, ductless or wall units are not eligible for coverage. Equipment serving more than one dwelling unit is not eligible for coverage.

Heating/Cooling Protection Plus Plans:

Cover the same equipment as the Heating/Cooling Protection Plans.

PARTS COVERED

Heating Protection Plans:

• Gas Burner and Orifices
• Gas Burner and Orifices
• Automatic Gas Control Valves
• Gas Regulator
• Electric Ignition System
• Relay
• Flame Spreader
• Pilot Burner
• Thermocouple/Generator
• Fan and Limit Controls
• Heating Circuit Transformer
• Venter Motor Assembly
• Roll Out Switch
• Vent System Pressure Switch
• Condensate Pump
• Furnace Low Voltage Circuit Fuse
• Automatic Vent Damper/Motor
• Aqua Stat Controls
• Flow Switch
• Pulley and Belt
• Door Switch
• Summer/Winter Switch
• Thermostat (other than Wi-Fi enabled thermostats)

The following parts are excluded from coverage under your plan: heat exchanger, blower motor, main control board, heating coil (air handler), heating sections (boiler), firebox/combustion chamber, furnace filters, low and high water cut-off valves, circulating pumps, zone valves, Wi-Fi enabled thermostats and parts added on to accommodate ancillary equipment such as air conditioners, humidifiers, etc. Replacement of the complete heating unit is not covered under any of these plans.

Cooling Protection Plans:

The following is a complete list of parts covered by your Comfort Cooling Protection Plan:

• Add-On Fan Centres
• Capacitor
• Line Components
• Internal Copper Tubing
• Low Ambient Temperature Sensor
• Add-On Indoor Fan Relay
• Cooling Contactor/Relay
• Evaporator Coil
• Internal Electrical Wiring
• Condenser Fan Motor
• Thermostat (other than Wi-Fi enabled thermostats)
• Fan Blade
• Pressure switch
• Service valve

The following are exceptions from coverage under your plan: compressor and condenser coil replacement, leak repairs, freon charge, and Wi-Fi enabled thermostats. Repairs required within the furnace or air handler are not covered by the Cooling Protection Plans but are included in the Heating, or Heating/Cooling combined Protection

BILLING AND PAYMENT

Your bill will be sent by us to you on a quarterly basis or, if permitted by us, on a monthly basis. Your charges are due 15 days after the bill issue date on your bill. A bill may not be sent to you if we believe that you have a credit balance. For your convenience, we have arranged the various payment options. Your payment may be made by cheque or money order payable to ThermEnergy Heating and cooling inc. and, so long as there is no interruption in postal service, sent by mail to ThermEnergy Heating and cooling inc, Unit 26, 151 Nashdene Rd, Toronto, ON M1V4C4. Your account number should be included on the front of your cheque or money order. Cash should not be sent through the mail. Payments may also be made through a financial institution in the manner of your choice (including paying at an automated teller machine, through telebanking or internet banking). If you have authorized us to have your payments deducted from your bank account (a pre-authorized payment or “PAP”), we will notify you 15 days prior to the first PAP. You will only receive another bill if the amount of the PAP changes. On approximately the same day (a “PAP Date”) each quarter or, if permitted by us, each month, the charges set out on your bill are due and we will debit the account identified in the banking information you have provided (or any other account that you may identify to us from time to time) for those charges and all other amounts you owe us. If the PAP Date falls on a weekend or statutory holiday, your account will be debited on the next business day. You agree that we will not notify you in advance of each PAP. The Plan services are provided for your personal use. You may cancel this authorization upon 30 days written notice to us, however, you remain obligated to pay all amounts due or owing under your Plan. 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. For more information on your right to cancel a PAP debit agreement or on your recourse rights, contact your financial institution or visit www.cdnpay.ca. You will pay us on demand interest on all amounts payable by you (including interest) and not paid when due, both before and after judgment, at a rate equal to 1.5% per month (or 19.6% per annum), compounded monthly. You will be charged $25 for any cheque that is returned unpaid by your bank or for any PAP that cannot be processed for any reason. If more than one customer is named on the front of your bill, 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.

NOTICE OF CHANGES

You agree to promptly inform us of any change of your mailing address at least 30 days in advance of such change. If you have chosen to make your payments under this Agreement by PAP, you must inform us in writing of any changes in the bank account information you provided. Notice of any change should be sent to us ThermEnergy Heating and cooling inc, Unit 26, 151 Nashdene Rd, Toronto, ON M1V4C4) or visit us at www.thermenergy.ca

UNAVAILABLE PARTS and PART REPLACEMENT

If a part is unavailable, we 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 we cannot provide a part replacement or an equivalent substitute, we will not be liable for such part replacement, equivalent substitute or for any resulting damages. Parts replacement or equivalent substitutes are solely at our discretion. Any part that is found to be defective and is replaced under your plan coverage becomes our sole property and may be disposed of at our discretion.

LIMIT ON LIABILITY

We are not the manufacturer or supplier of the heating unit, the cooling unit, we make no representations, warranties or conditions as to the performance of such equipment or system. We will not be liable for any loss, damage or injury of any type arising out of or related to your Plan or caused or contributed in any way by the use and operation of the heating unit, the cooling unit any indirect, incidental, special or consequential damages, even if reasonably foreseeable. If we are not able 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. These plans are not insurance and do not cover any losses, repairs or replacements arising from abuse, accidental or deliberate damage, theft, vandalism, fire, flood, freezing, 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. 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 the heating unit, the cooling unit, the plumbing and drain system, your Plan or the use and operation of either the system or unit, 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 governmental authority on or in connection with this Agreement or your payments made under it.

Your plan will become active 15 days after your enrolment.