1. Homeowner Commitments and Assurances: You have authority to enter into this Agreement. You understand that this Agreement is binding and will inure to the benefit of my heirs, personal representatives and successors and permitted assigns and agree that you will use the Equipment safely and responsibly and, in particular, will ensure that; (A) no combustible, hazardous or flammable materials are used or stored near the Equipment; (B) the Equipment will not be confined in a location where it is difficult to service or remove; (C) If you are not enrolled in Home Water’s “Filter Replacement Program” you will replace the filters within five (5) days of receipt from Home Water; and (D) You will provide Home Water with access to the Equipment whenever reasonably required for purposes of inspection, repair or removal. You understand that it is your responsibility to ensure that the Equipment is located in an area with sufficient drainage in the vicinity and that the drainage is open and unrestricted. You will not hold Home Water responsible for damage caused if the Equipment leaks. You will be responsible for any damage to the Equipment if caused by yourself, any third parties or by fire, flood, accident or other insurable risks.
  2. Term: You agree to rent the Equipment from Home Water for 12 months effective upon receipt of these terms and conditions.
  3. Renewal: Once the term noted in section 2 is completed, renewal continues on a month to month basis.
  4. Customer Obligations:
    1. Payment – You understand that you will be obligated to pay to Home Water the Rental Fees (subject to scheduled increases as described below) in accordance with Home Water’s billing and payment schedule. In most instances, this will mean one (1) payment per month, and paid either; (A) if you are an Enbridge customer who receives a monthly invoice from Enbridge with respect to your residence, by way of an addition to your monthly gas bill; or (B) by automatic bank debit from your bank account as a Pre-Authorized Payment. The terms governing your payment terms with Home Water will be as set out in a separate Pre-Authorized Payment form which shall be provided to you, and which you shall sign and deliver to Home Water. You understand that on each annual anniversary from the Installation Date, your Rental Fees may increase, without prior notification, up to 3.5% of the rental amount payable in the preceding year. You acknowledge and agree that: (A) Home Water (or its billing agent) will not send you a monthly invoice or bill with respect to the monthly rental rate payable by you under this Agreement, unless you provide a written request to receive a monthly invoice; (B) if Home Water (or its billing agent) delivers a written or electronic bill or invoice to you, you will make all of the payments due under this Agreement to Home Water (or to its authorized billing agent), within fifteen (15) days of the billing date shown on the bill or invoice; (C) to pay other amounts when due, as well as interest on any late payments at a rate equal to 1.5% per month (or 19.6% per annum), compounded monthly. Should any payment be returned for non-sufficient funds, or not processed for any reason (“NSF”), you agree to pay Home Water’s standard NSF charge (currently $25, but which may be amended from time to time). Late Payment Charges for Home Water on your Enbridge Gas Distribution Bill: A late payment charge will apply to all overdue amounts on your Enbridge Gas Distribution bill, including applicable federal and provincial taxes. The late payment charge will be calculated and applied as approved by the Ontario Energy Board (OEB). The current OEB-approved late payment rate is 1.5% per month or 18% per year (for an effective rate of 19.56% per year). Your Enbridge bill is due when you receive it, which is considered to be three days after the bill date. If you do not pay your bill in full by the late payment effective date on the first page of your Enbridge Gas Distribution bill, a late payment charge equal to the late payment rate multiplied by a total of all unpaid charges will be added to your Enbridge Gas Distribution bill.
    2. Preventive Maintenance – You agree to allow Home Water authorized agents to have access at all reasonable hours for the purposes of servicing or inspecting the Equipment at no additional cost to you. Home Water will not be responsible for service or damage to the Equipment and/or your residence that may result if this access is denied or unavailable. You also understand that all installation, maintenance and repairs to the Equipment must be performed by Home Water or an authorized Home Water technician. Should any other individual attempt to install, remove, modify, repair or tamper with the Equipment, except as permitted in Section 8 the preventive maintenance inspection described above will be void, and Home Water may terminate the Agreement and/or charge you for the costs for the buyout of the Equipment and any labor and materials related to any repairs, servicing or maintenance required to be carried out, as reasonably determined by Home Water.
    3. Safety – You agree to use the Equipment safely and responsibly. In particular, you agree to:
      • inspect the Equipment regularly for any signs of water leakage or damage;
      • maintain effective operation of any plumbing and pumping systems supplying water to the Equipment; and
      • notify Home Water Customer Service within 24 hours of any leak or other problem with the Equipment that would require prompt servicing. You understand that it is your duty and responsibility to reasonably reduce or mitigate potential damage to other property or structures that may be affected by such leak or problem. You understand that Home Water will send a technician to your residence within a reasonable time frame after being notified of any leak or other problem with the Equipment. A service fee of up to $150 may be charged to you if: (A) a service call is requested which is not related to the Equipment; or (B) no one is home when a Home Water’s contractor arrives for a scheduled service call.
    4. Sale of the Residence – You understand that if you sell or otherwise transfer the residence during the Term, you will personally, or through your real estate agent, notify the new purchaser of the residence (“Purchaser”) that the Equipment is rented pursuant to this Agreement. We will permit the transferee to assume all of the Homeowner’s rights and obligations under this Agreement, effective from the date of sale or transfer so long as:
      • the Purchaser is notified in the agreement of purchase and sale that the Equipment is rented;
      • the Homeowner has notified Home Water in advance of the Purchaser’s name and the intended date of sale;
      • the Purchaser agrees in writing or by its conduct confirms its agreement to rent the Equipment on these terms and conditions; and
      • the Homeowner has paid to Home Water all other amounts owing under this Agreement. You understand that, if the Purchaser does not agree to rent the Equipment for the remainder of the Term, you will continue to be responsible for the cost of renting the Equipment. You hereby authorize Home Water to respond to information requests relating to you account with Home Water made by or on behalf of the purchaser of your residence for the purposes of effecting the transfer of this Agreement.
    5. How to Contact Us: Home Water PO Box 961 Toronto, Ontario M5C 2K3; customerservice@homewater.com; Canada:1 800-408-5314 US:1-855464-9736
  5. Warranties and Liability:
      • Warranties – We make no representations, warranties or conditions as to the performance of the Equipment, except those which are given by statute and which cannot be waived.
      • Liability – We will not be liable for any loss, damage or injury of any type (including as a result of any water leakage) arising out of or related to this Agreement or caused or contributed to in any way by the use and operation of the Equipment or any indirect, incidental, special or consequential damages, even if reasonably foreseeable or we were put on prior notice of such damages. If Home Water is unable to perform any of its obligations under this Agreement because of circumstances or events beyond its control, it shall be excused from the performance of such obligations for the duration of such circumstances or events and it shall not be liable to me for such failure to perform.
      • Indemnity – You will indemnify Home Water from any loss or damage, other than normal wear and tear, to the Equipment for any reason and all claims, losses and costs that Home Water may suffer or pay or may be required to pay, including legal expenses, in connection with the Equipment, this Agreement or the use and operation of the Equipment, including any claims against it for any injury or death to individuals or damage to property.
  6. Savings: You understand that Home Water makes no guarantee on any savings for future or current water utility bills.
  7. Ownership and Interest: You understand that Home Water is and shall remain the owner of the Equipment at all times and that Home Water is not transferring title to the Homeowner. You agree the Equipment remains Home Water’s property, that it will not become a fixture, and that you will not tamper with any tag(s) or sticker(s) identifying the Equipment as rented equipment or owned by Home Water. You will keep the Equipment free of all liens, security, interests, mortgages and other claims. Home Water may register, at its own expense, its interest in the Equipment against you and/or against title to your residence. To the extent permitted by law, you hereby waive any right to receive a copy of such registration and appoint Home Water as your lawful attorney for the purpose of doing any such registrations. You also agree that Home Water may sell, assign, concurrently lease or otherwise dispose of, or grant a security interest in, all or part of its right, title and interest in the Equipment or this Agreement to anyone else, without your notice or consent.
  8. Early Termination and Termination:
    1. Early Termination: If you terminate this Agreement prior to the end of the Term, you will pay Home Water an amount equal to the sum of:
      • any outstanding payments due on or before termination that have not already been paid or waived, together with the interest owing on overdue amounts; plus
      • any expenses incurred by Home Water for the removal of the Equipment from your possession, as described in this Section 8.3; plus
      • any charge for unreasonable, unknown, or excessive wear or use of the Equipment, which charge will be calculated based on industry standards and rates as required to bring the Equipment into proper serviceable condition as would be expected of similar equipment.
    2. Notice: You understand that you may contact Home Water prior to the end of the Term and, upon thirty (30) days’ notice, terminate this Agreement, and you agree to pay Home Water the amounts described in this Section 8.1 above upon such termination
    3. Removal of Equipment: The costs of removing the Equipment from your possession (including removal and replacement on any piping by Home Water) shall be based upon hourly rates then charged by Home Water. Estimated time for travel to and from Home Water’s warehouse and the disconnection and retrieval of the Equipment will, for a conventional water filter be approximately one (1) hour, and in the case of a complicated plumbing environment, approximately two (2) hours. By way of reference, Home Water’s costs in 2020 for labor for one plumber and transportation were $150 per hour. You understand and agree that if this Agreement is terminated prior to the end of the Term, only Home Water may retrieve the Equipment from your possession in accordance with this paragraph. At the end of the Term, and provided that the Agreement is not renewed, and only with Home Water’s prior consent, you may arrange for the removal of the Equipment through another licensed technician, and return of the Equipment to Home Water’s closest warehouse, at your expense.
    4. Termination by Home Water: You understand that Home Water may terminate this Agreement at any time if you are in breach of any of your obligations contained herein, in which case all applicable charges listed in this Section 8.1 will apply. Home Water’s right to terminate is in addition to and shall not derogate any other remedy available to Home Water at law or equity.
    5. Transfer of Title: On termination of this Agreement, at Home Water’s sole discretion, Home Water may choose to transfer ownership of the Equipment, at no cost, to you at which point you will indemnify, defend and hold Home Water and its employees, agents, officers, and directors harmless against any and all claims, liabilities, costs, suits, and damages, including attorney’s fees arising out of the continued use or removal of the Equipment.
  9. Assignment by Home Water: Home Water may, at any time during the Term of this Agreement, assign all of its rights, title, obligations and entitlements under this Agreement. Except as otherwise provided in this Agreement, the Homeowner may not transfer, assign or encumber all or part of the Homeowner’s interest in this Agreement or the Equipment without our prior written consent (see the section called “Sale of the Residence”).
  10. Acceptance, Verification and Customer Information: This Agreement takes effect when you sign it (which includes electronic, email and fax signatures) and is conditional upon Home Water acceptance of it. You understand this Agreement may depend on your credit worthiness and Home Water is not obligated to accept, or continue performing, this Agreement if you do not meet Home Water’s credit requirements. You hereby consent to Home Water or its authorized outside agencies to access, use and update information about your credit, financial and related personal or business information (including a consumer or credit bureau report) from any credit bureau/reporting agency from time to time. You understand that Home Water may disclose your credit and personal information to its lenders, affiliates, partners and or assignees for the purpose of managing its payment risk and as required by applicable law. You give Home Water permission to request your water usage information from your local water distribution company.
  11. Miscellaneous: This Agreement is the entire agreement between you and Home Water. It is governed by the Province of Ontario and the laws of the Canada applicable therein. 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 shall continue to full force and effect. Neither the failure nor delay of Home Water to exercise any right or to enforce any term of this Agreement shall be construed as a waiver of such right or term, or of any other right or term hereunder. The contents of Home Water’s marketing materials do not form part the Agreement and you did not rely on them for any reason nor do they constitute any assertions, guarantees, or warranties for any information contained therein. This Agreement may be amended from time to time by us by notice in bill inserts, by letter or by any method permitted by applicable law.