Water heater rental terms and conditions

1. The Customer acknowledges Utilities Kingston’s standard Terms of Service shall apply to this Rental Agreement and are deemed to be included as part of this agreement. 
2. The Customer agrees to rent the property described and all accessories supplied therewith (the “Equipment”) on the terms set forth in this Rental Agreement. The term of this Rental Agreement begins on the date of installation of the Equipment. Unless sooner terminated by Utilities Kingston, the term will end after 60 months from the date the term commences. Early termination of the agreement by the customer requires payment of the remaining months in the term and return of the Equipment to Utilities Kingston in good working condition.
3. On the expiry of the term, this Rental Agreement shall continue on a month to month basis until the Customer notifies Utilities Kingston of their intention to remove the Equipment or Utilities Kingston notifies the Customer of its intention to remove the Equipment. The Customer will be responsible for any applicable removal fees. After removal and return of the Equipment, Utilities Kingston shall have no responsibility to replace the Equipment with alternate equipment or appliances.
4. The Customer has a “buyout” option on the existing rental Equipment on an “as is, where is” basis, without any recourse, representation, warranty or condition from Utilities Kingston. Prices are set by Utilities Kingston and are based on the depreciated value of the installed Equipment as specified by Utilities Kingston in addition to all other amounts outstanding under this Rental Agreement.
5. Utilities Kingston shall have no liability arising from damage to the said premises out of, connected with or resulting from the Equipment and its use, including without limitation, the manufacture, selection, delivery, installation, possession, operation, failure, or return of the Equipment. Utilities Kingston will not be responsible for damages resulting from a leaking water heater.
6. Utilities Kingston agrees to promptly repair or replace the water heater should it leak or fail.
7. The Customer agrees to ensure the Equipment is installed in a convenient, safe, dry and heated location, free of any obstructions for future servicing or removal and free of any conditions that may adversely affect the performance of the Equipment. The Customer agrees to ensure the water heater is located in an area with sufficient drainage; the drain is to be open and unrestricted.
8. The cost of installation of the Equipment, in excess of the preset installation allowance shall be the responsibility of the Customer. The cost of installation of a drain pan and/or drainage modifications to ensure proper drainage is the responsibility of the Customer.
9. The Ontario Building Code requires a temperature control mixing valve to be installed in a homeowner’s plumbing system if a new water heater is installed. The cost of this valve and its installation is the responsibility of the Customer.
10. The Customer agrees to operate the equipment according to manufacturer specifications and instructions and accepts responsibility for ensuring that the water heater is set to maintain a hot water supply temperature of 60 degrees Celsius for tank water heaters or to manufacturer specifications for commercial, solar or instantaneous heaters.
11. This Rental Agreement and the Customer’s rights and obligations under it may be assigned to, and assumed by, a third party (including any buyer of the Premises), but only if Utilities Kingston consents in writing or by verbal consent (which consent may be arbitrarily withheld) and the third party agrees in writing or by verbal consent to assume the Customer’s obligations under this Rental Agreement. The Customer acknowledges that a standard application fee will be charged by Utilities Kingston to the new Customer as a result of such transfer.
12. The following conditions constitute a breach of this Rental Agreement:
    1. Failure to pay the rental amount to Utilities Kingston;
    2. Misrepresentation of ownership of properties;
    3. Failure to assume this Rental Agreement by the purchaser upon sale of the property;
    4. Failure to pay for damages to the Equipment;
    5. Unauthorized removal of the Equipment; or
    6. Use of the Equipment in an application not approved by Utilities Kingston.
13. In the event of breach by the Customer, Utilities Kingston may enter the premises to remove and repossess the Equipment. If the Equipment has been removed without the permission of Utilities Kingston the Customer will be responsible for the full replacement cost of the Equipment. Utilities Kingston is not obligated to replace the Equipment with alternate equipment or appliances.
14. Title to the Equipment shall at all times remain with Utilities Kingston and Utilities Kingston shall retain all the benefits of ownership of the Equipment. This Rental Agreement is not intended to secure payment or performance of an obligation. Utilities Kingston may register a financing statement under the Personal Property Security Act (Ontario).
15. The Customer is responsible at their expense, beyond normal wear and tear, to maintain the Equipment in good working condition throughout the term of this Rental Agreement. The Customer is responsible at their expense to ensure that vent piping is kept clear, and repaired, or replaced as necessary. In the case where the Equipment is damaged by fire, flood, accident, or any other reason other than ordinary wear and tear, the Customer shall be responsible for the full replacement cost of the Equipment.
16. In cases where Utilities Kingston is requested by the Customer to service the Equipment, and Utilities Kingston finds upon investigation that the cause of the reported problem is not the Equipment, the Customer will be charged a service fee.
17. A standard application fee of $15.00 plus HST is applicable to the Customer’s billing account upon installation of the rental water heater.
18. Utilities Kingston reserves the right to make credit inquiries concerning the Customer.
19. Monthly rental rates are set by Utilities Kingston and new rental rates may be set at its sole discretion throughout the term of the Rental Agreement. Current rental rates for Utilities Kingston’s most popular water heaters are available from our web page on Products and Pricing.
20. Rental rates are exclusive of applicable taxes.
21. Utilities Kingston reserves the right to update and amend these terms and conditions from time to time upon notice to the customer, which may be provided by posting to this website on 30 days’ notice.