5. Termination of the Rental Agreement by Summitt
Summitt may terminate this Agreement at any time upon thirty (30) days’ prior notice to the Customer, or without notice if the Customer breaches any term of this Agreement. If Summitt chooses to exercise its right of termination, then, unless otherwise prescribed by applicable law, the Customer may elect in writing to Summitt, to either: (i) buy the water heater at the above Buyout amount plus all other amounts owing under this Agreement; or (ii) request that Summitt disconnect and remove the water heater, and in the event the Customer elects this option (ii), the Customer shall pay the above Return Fees and any necessary repair charges as identified in Section 4 above. The Customer must notify Summitt in writing of their election to return or buyout the water heater pursuant to this Section 5, no later than fifteen (15) days before the date Summitt proposes to terminate this Agreement. If Summitt is unable to repossess the water heater, then the Customer shall be deemed to have exercised the Buyout and Summitt reserves the right to collect Buyout fees from them as noted in Section 4. The Customer will pay such charges when billed by Summitt. The Customer will not have to pay Summitt any rental charges for periods after the Customer has returned the water heater or purchased the water heater and in either case has paid Summitt all other amounts owing by them under this Agreement.
6. Liability
Summitt is not the manufacturer of the water heater and Summitt makes no representations, warranties or conditions as to the performance of the water heater, except for those which are deemed to be given by statute and which the Customer cannot at law waive. Summitt will not be liable for any loss, damage, death or injury of any type (including as a result of any water leakage or electrical or natural gas related events) arising out of or related to this Agreement or caused or contributed to in any way by of the installation, use, maintenance and operation of the water heater, or any indirect, incidental, or consequential damages or loss of profits, even if reasonably foreseeable. If Summitt is unable to perform any of Summitt’s obligations under this Agreement because of circumstances or events beyond Summitt’s 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. The Customer will indemnify Summitt and hold Summitt harmless from and against any loss or damage by the water heater for any reason and all claims, losses and costs that Summitt may suffer or incur or may be required to pay, including legal expenses, in connection with this Agreement and the use and operation of the water heater, including any claims against Summitt for any injury or death to individuals or damage to property. Unless specifically requested, Customer waives the installation of a mixing valve and, without limitation to the other provisions of this Agreement, agrees to indemnify and hold Summitt harmless from any liability associated with injury due to water temperature.
7. Privacy/Personal Information
The Customer acknowledges that Summitt may collect, record, use and disclose their credit, financial and related personal information for purposes related to Summitt’s business, and the Customer consents to Summitt’s disclosure or exchange of information with credit bureaus, financial institutions, service providers, agents, affiliates and other third parties in connection with this Agreement. The Customer also consents to Summitt’s use of this information for the purposes of evaluating their creditworthiness, providing them with products and services under this Agreement, verifying information they provide to Summitt, establishing, servicing and collecting on their account, offering them other products and services, and meeting legal, regulatory, audit, processing and security requirements. The Customer understands that they may provide Summitt at any time with notice in writing to stop using their personal information. For more information about our privacy policy, please see www.summittenergy.ca.
8. Miscellaneous
The Customer agrees that Summitt may sell, assign, concurrently lease or otherwise dispose of, or grant a security interest in all or part of Summitt’s right, title and interest in the water heater or this Agreement to anyone else, without notice to the Customer and without their consent, and upon such assignment, Summitt shall be released of any further obligations hereunder. To the extent not prohibited by law, the Customer waives any claims, defenses, set-offs, deductions or counter-claims against any such assignee, transferee or holder of a security interest, which the Customer may now or in the future be entitled to assert against Summitt. This Agreement is binding upon and will enure to the Customer’s respective heirs, executors, personal and legal representatives, successors and permitted assigns. Except as specifically provided for herein, the Customer may not assign this Agreement without Summitt’s express prior written consent. This Agreement is the entire Agreement between the Customer and Summitt. The Agreement 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 body of competent jurisdiction, then such terms or conditions shall be deemed severed from this Agreement and the remaining terms and conditions and provisions of this Agreement shall continue in full force and effect.
9. How to Contact Summitt
If the Customer has any questions or concerns about this Agreement they may contact Summitt: (i) by phone: 877-282-TANK (8265), (ii) fax: 905-366-7019,
(iii) by email: [email protected] or (iv) by mail: attention: Water Heater Customer Service, at 100 Milverton Drive, Suite 608, Mississauga, Ontario, L5R 4H1.
10. Customer Rights under the Consumer Protection Act, 2002
The Customer may cancel this Agreement at any time during the period that ends seven (7) days after the day the Customer receives a written copy of the Agreement. The Customer does not need to give the supplier a reason for cancelling during this seven (7) day period.
If the supplier does not make delivery within thirty (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 thirty (30) days after the commencement date specified in this Agreement, the customer may cancel this Agreement at any time before delivery or commencement of performance. The Customer loses the right to cancel if, after the t h i r t y (30) day period has expired, the Customer agrees 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, the Customer may cancel this Agreement at any time before delivery or commencement of performance. The Customer loses the right to cancel if, after the thirty (30) day period has expired, the Customer agrees to accept delivery or authorize commencement of performance.
In addition, there are other grounds that allow the Customer to cancel this Agreement. The Customer may also have other rights, duties and remedies at law. For more information, the Customer may contact the Ministry of Consumer and Business Services.
To cancel this Agreement, the Customer must give notice of cancellation to the supplier, at the address set out in the Agreement (see section 9), by any means that allows the Customer to prove the date on which the Customer 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 the Customer.
If the Customer cancels this Agreement, the supplier has fifteen (15) days to refund any payment the Customer has made and return to the
A mixing valve allows water tanks to heat your water to 60°C (bacteria-killing temperature), and then cools water to 49°C, once water exits the tank. This effectively prevents scalding, for reliable, everyday use in your home.
