WATER HEATER RENTAL TERMS OF SERVICE
1. The Customer shall be responsible for ensuring that the premises comply with and conform to all applicable laws and regulations in any way relating to the installation, possession, use, operation, repair, maintenance, servicing, and removal of the water heater. The Commission shall not be held liable for damages of any kind or nature whatsoever arising directly or indirectly from any failure of the Customer to comply with applicable laws and regulations. The Customer is solely responsible for conducting any inspections and/or modifications of the Customer’s premises, including related expenses necessary to ensure compliance with all applicable laws and regulations.
2. The Customer agrees that the Commission shall not be liable to the Customer for damages of any kind whatsoever, caused directly or indirectly by any means, in connection with the Commission’s supply of electricity to the Customer (including any interruption or disconnection thereof), or the installation, possession, use, operation, repair, maintenance, servicing, and removal of the water heater, except to the extent that the damages were caused by the willful or negligent act of the Commission or the Commission’s employees or agents.
3. The Customer shall provide a convenient and safe place satisfactory to the Commission for the installation and maintenance of all its equipment for the water heater in, on or about the Customer’s premises. Unless he is an agent of the Commission or other person lawfully entitled to do so, no person shall withhold permission of the Commission remove, inspect or tamper with the aforementioned equipment, and the properly authorized agents of the Commission shall, at all reasonable hours have free and unobstructed access to the said premises for the purpose of the installation, delivery or maintenance of the said equipment.
4. All equipment of the Commission for water heater service on the Customer’s premises shall be in the care and custody of the Customer, and if destroyed by any means such as explosion, fires, floods etc. and/or damaged by any act or default of the Customer, the Customer shall be liable to pay the Commission the value of such equipment or, at the option of the Commission, the cost of repairing or replacing the same.
5. The Commission at its option may discontinue the supply of electrical energy for the service and remove all its equipment for the water heater service from the Customer’s premises whenever default is made in payment of any indebtedness to the Commission whether incurred under a Contract or otherwise or whenever default is made in giving security when requested or upon the violation by the Customer of any of the terms and conditions of the Contract; and in any event this Contract shall thereupon terminate.
6. The Customer shall, if requested by the Commission, provide and deposit with the Commission satisfactory security as a guarantee of payment of account for water heater rental or any other indebtedness of the Commission.
7. Subject to Clause 5 herein, this Contract shall continue in force for a period of 36 months from the date of any water heater installation, and thereafter from month to month until terminated by either party upon at least one month’s prior notice effective anytime, in writing, to the other party to that effect.
8. In the event of a Customer who has notified the Commission’s agent to disconnect the water heater, or whose water heater has been discontinued under the other clauses of this Contract, failing to arrange for the admittance of the Commission employees or agents, for the purpose of disconnecting the water heater and/or removing its equipment, the Customer shall pay for the water heater from the date of the last billing until the date of the final discontinuance.
9. The Commission reserves the right from time to time, as it deems advisable, to interrupt and discontinue the supply of electrical energy when necessary, but such interruptions shall not relieve the Customer from any of their obligations under this Contract. The Commission reserves the right to increase or decrease the water heater rental rate without any advance notice to the Customer, and all present water heater rentals will be subject to the change rate.
10. The Commission shall have the right, at any time prior to the expiration of 30 days’ notice in writing from the Customer or the Owner of the premises delivered after the termination of the Contract and the last extension thereof, to remove from the said premises any and all of its equipment supplied under this Agreement therein for the water heater.
11. The Contract shall not be binding upon the Commission until accepted by its through its proper officer and none of its terms and conditions shall be modified or waived by any agreement or representation of any agents or employee of the Commission unless by proper written authority.
12. The taking or using of the water heater by any person supplied by the Commission under this Agreement shall constitute a binding contract between such person as a Customer and the Commission to the same extent as if a written Contract had been made, whether or not the Customer’s signature is obtained and the Customer shall be liable for payment thereof. The Contract shall be binding upon the Customer’s heirs, executors, administrators, successors or assigns and the vacating of the premises to which the water heater is supplied shall not release the Customer from any obligation incurred in connection with the supply of the water heater.
13. It is hereby declared that the equipment of the Commission on the premises of the Customer for the water heater shall be and remain the property of the Commission and shall not be or become fixtures and/or part of the said premises of the Customer; the equipment shall not form or be part of any security or be encumbered under any mortgage, charge, lien, or other encumbrance of any kind or nature whatsoever of the premises of the Customer or of anything therein contained; nor shall the equipment of the Commission be liable to be seized for arrears or taxes, or under execution, bankruptcy proceeding or other legal process against the Customer.
14. In the event that a Customer, whether a company, corporation, or an individual, should declare bankruptcy or suffer foreclosure, all equipment belonging to the Commission shall remain a possession of the Commission and shall not be included in the fixtures of the property in the event of a public auction.
15. The rental equipment of the Commission must be installed and used only for the purpose intended, in supplying hot water. The misuse of the equipment, for heating the interior of a building, or being connected to a furnace coil or other auxiliary means of heating, is prohibited.
16. If no floor drain, the Commission or its agents, assume no risk and shall not be liable for any damages to property, furnishing, belongings or loss of revenue or personal injury in regards to the installation and operation of the water heater installed at the above address. I agree that the installation of the water heater contravenes the terms and conditions of the Commission’s water heater contract and may result in property damage should the water heater malfunction.