Terms and Conditions
The listed recommended retrofits (the “Retrofit Measures”)
offered under this Work Order Form and Customer Agreement and pursuant
to the Power Savings Blitz program (the “Program”) are being
provided to the Customer on behalf of Burlington Hydro Inc. In
consideration of the free installation of Retrofit Measures with an aggregate
value of up to, but not in excess of, one thousand dollars ($1,000) (excluding
GST) and a minimum value of three hundred dollars ($300) (excluding GST),
the Customer agrees as follows:
The Customer shall be liable directly to the contractor that has installed
the Retrofit Measures for any and all dollar amounts in excess of one
thousand dollars ($1,000) and shall pay to such contractor such amounts
promptly following receipt of an invoice in respect thereof.
The Customer authorizes (i) Burlington Hydro Inc. or its contractor
to install Retrofit Measures on the Property; (ii) Burlington Hydro Inc.
to disclose Customer Information to the Ontario Power Authority (the “OPA”)
for the purposes of this Program, (iii) Burlington Hydro Inc. and/or
the OPA to collect, disclose, use and process any Customer Information,
including to disclose it publicly as it relates to the Program and to
disclose it to the Ontario Energy Board, provided that such Customer
Information will otherwise be held confidential except as required by
law or under the Freedom of Information and Protection of Privacy Act. “Customer
Information” means any information provided by the Customer, including
personal information and records showing energy use and consumption for
the period beginning three years before the date hereof and ending on
the date that is three years after the installation of the Energy Upgrades. The
Customer represents and warrants that the Customer has due authority
and right over the Property to authorize the installation of the Energy
Upgrades.
The Customer covenants that (i) the Customer shall not sell, lease,
assign, transfer or dispose of the Retrofit Measures to any third party
for profit; and (ii) the Customer will participate in any follow up surveys
or studies conducted by Burlington Hydro Inc. or the OPA or their agents
in connection with the Program.
The Customer agrees and acknowledges that (i) the Customer has
independently assessed the risk of installing a Retrofit Measure; (ii)
the Retrofit Measures and any contractors (the “Contractors”)
retained by Burlington Hydro Inc. to install the Retrofit Measures have
been selected and obtained through normal commercial channels, and neither
Burlington Hydro Inc. nor the OPA make any representation or warranty
as to the fitness for use of any such products for their intended purpose
or otherwise; (iii) the energy cost savings and other benefits described
in connection with this Program are based on estimates, and actual results
may differ; (iv) neither Burlington Hydro Inc. nor the OPA will
be liable for any direct, indirect, special or consequential damages,
costs or losses arising from the installation or use of the Retrofit
Measures, whether in accordance with the manufacture’s instructions
or otherwise, or from any actions, negligence or misconduct by any Contractor.
The Customer agrees to permit Burlington Hydro Inc., the OPA or its
contractors and/or agents to verify that the retrofit measures have been
installed in accordance with the Work Order Form and customer agreement,
including inspecting the Property during reasonable hours and upon reasonable
notice. Burlington Hydro Inc. may assign this right to verify and inspect
to the OPA without the customer’s consent.
The Customer transfers and assigns to the OPA, unconditionally and absolutely,
all of its right, title and interest in and to all benefits or entitlements
associated with decreased environmental impacts now or in the future,
direct or indirect, arising as a result of, relating to or in connection
with this Program, and the right to quantify and register these, including
without limitation, any renewable energy certificate, credit, reduction
right, offset, allocated pollution right, emission reduction allowance
(collectively, the “Environmental Attributes”). The
OPA shall be entitled, unilaterally and without the consent of the Customer,
to deal with Environmental Attributes in any manner it determines, regardless
of whether any consideration is being received by the Customer. The Retrofit
Measures are intended for use only as directed. Improper installation
or use may result in injury or damage. The Retrofit Measures
are subject to availability of funds in the Program, and the Program
or the installation of an Energy Upgrade may be terminated or discontinued
at any time by the LDC without notice.
The Customer represents and warrants to Burlington Hydro Inc.
that, (i) it is an electricity distribution customer of Burlington
Hydro Inc., (ii) that it is a commercial business, (iii) that to the
best of their knowledge and based on billing information received from
Burlington Hydro Inc. its monthly peak demand for electricity is less
than 50kW, (iv) that its business is not food service retail, such
as restaurant, grocery store or a butcher shop (Convenience stores
are eligible), and (v) the Property has not been the subject of an
application for, or received directly or indirectly, any Retrofit Measures
other than pursuant to this application under the Power Savings Blitz
program.
