IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sale Agreement the parties to this Agreement agree as follows:
Disclaimers
(a) Company warrants to the existing homeowner of Equipment that for the Warranty Period (as defined below), the Equipment will be free from material defects in workmanship. Warranty claims must be made by Customer in writing within sixty (60a days of the manifestation of a defect. Company’s sole obligation under the forepoinp warranty is, at Company’s option, to repair, replace or correct any such defect that was present at the time of delivery, or to remove the EQUIPMENT and to refund the purchase price to Customer.
(b) The “Warranty Period” begins on the date the Equipment is delivered and continues for twelve (12) years.
Limitation of Liability
In no event shall the company be liable for any indirect, incidental, punitive, special or consequential damages, or damages for loss of profits, revenue, or use incurred by customer or any third party, whether in an action in contract, or tort, or otherwise even if advised of the possibility of such damages. Company’s liability for damages arising out of, or in connection with, this agreement shall in no event exceed the purchase price of the defective equipment. The provisions of this agreement allocate the risks between company and customer. Company’s pricing reflects this allocation of risk and but for this allocation and limitation of liability, company would not have entered into this agreement.
Miscellaneous
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the Province of Ontario, Canada
Customer’s Representation and Responsibilities
The equipment will be kept at the address shown on the front page of this agreement. During the term of this agreement, the customer will be responsible for taking care of the equipment and notifying CLARITY of any updates. Customer agrees to not remove, deface, cover or obscure any of our identification, labels, or stickers.
Proposals
Valid for 30 days from the date of the proposal. Although all efforts are made to guarantee pricing, until a written agreement is fully executed, pricing cannot be guaranteed.
12-month Guarantee
We want your experience with our company to be a positive one, that is why we offer a 12-month Comfort guarantee. If you are not totally satisfied with the performance of the equipment or its installation, we will promptly address your concerns and resolve, to your satisfaction, issues regarding materials and/or workmanship. It is our commitment to you to provide the highest level of service and installation in the industry! Exclusions: be do not warrant parts or equipment we did not supply, only work that was performed at this address. Disasters attributed to weather, floods or acts of nature are also excluded. Any modifications by any company, other than ClimateCare, will void all warranties and guarantees.
Warranty
In addition to the terms and conditions of the original manufacturer warranty and/or contractor warranty, the following terms and conditions will apply: The period of this warranty begins on the 1st day after product installation date. Work on this product must be performed by an authorized CLARITY Dealer. Nuisance calls, or calls for non-covered repairs, are not covered by this warranty. Only repairs that are attributed to normal failure of the electrical and mechanical functions of the unit, as shipped from the manufacturer, are covered. Failure due to, but not limited to, abuse, negligence, impact, fire, lightning, mother nature, power failures and/or surges, rust, corrosion and water supply failures are not covered. Damage and/or repairs to cabinets and all exterior components, related ductwork, vapor sensors, cleaning of drains, fuses, nozzles, pilot orifices, remoter, filters, batteries, knobs, etc., are not covered. Additional or unusual utility bills incurred due to any malfunction of defect in equipment listed on this warranty, labour cost of gaining access to or removal of a unit that requires special equipment or tools such as cranes, ladder trucks, etc., are not covered. Failure to provide proof of maintenance by a ClimateCare service contractor will revert coverage back to the manufacturer’s original warranty. This includes, but is not limited to, diagnostics, cleaning, tune-ups, adjustment of customer controls, and customer product education. Labour, material, expenses or equipment required to comply with laws and/or regulations imposed or set forth by any government agencies including, but not limited to, the storage, handling, recovery and/or recycling of refrigerants are not covered by this warranty. Units moved from their original point of installation are no longer eligible for coverage and the contract will be void. In the case of a water heater or a water softener, any damage to personal property due to a leaking tank is not covered under this warranty. Should repair parts become unavailable during the coverage period of this warranty or the manufacturer ceases operation and/or the product cannot be repaired; the product may be replaced at ClimateCare’s discretion within the limit of liability stated above. To transfer ownership of the warranty, the registered owner must send ClimateCare a written notification. The original warranty period remains. Claims are covered only if the actual product owner is properly registered with ClimateCare at the time of product failure. Any representation of this warranty, other than the terms herein, is not binding on ClimateCare or its agents nor shall it be liable for any incidental or consequential damages.
Annual Maintenance
Annual maintenance, for furnaces and air conditioners, is a requirement of maintaining the equipment. It is also a requirement to maintain your warranty (Water heaters are maintained every 4th year). Your unit will have a warranty and maintenance sticker affixed to it which will be dated and initialed upon each maintenance visit. The Precision Tune Up (PTU} is included with your maintenance however parts, such as filters or any other consumables, may be chargeable to you.
Buyers Right to Cancel
You may cancel this contract from the day you enter the contract until the 1Oth day after you receive a copy of the contract, provided no services have been rendered during the 10-day period. ClimateCare Companies support the Buyers Right to Cancel under the consumer’s protection act 2002 and any subsequent amendments since. Once the installation process commences, you will be responsible for all costs associated with the removal and restocking fees paid out by the contractor. Should you require an installation to occur prior to the 10-day cooling period, it will be assumed that you are waiving such rights.
Signature of Authorization
By signing the proposal contract the terms and conditions set forth in this document are agreed to. No changes, modifications, cancellations, or warranties are valid without being added separately in writing and signed by both parties.
