Custom Comfort TERMS AND CONDITIONS

1. Disclaimers

(a) Custom Comfort warrants to the existing homeowner of Equipment that, for the Warranty Period (as defined below), the Equipment will be free from material defects in workmanship. Warranty claims must be made by Customer in writing ( email or registered mail)  within sixty (60) days of the manifestation of a defect. Custom Comfort sole obligation under the foregoing warranty is, at Custom Comfort option, to repair, replace, or correct any such defect that was present at the time of delivery, or to remove the EQUIPMENT and refund the purchase price to Customer.

(b) The “Warranty Period” begins on the first date after the Equipment is installed and continues for ten (10) years from the installation date.

2. Limitation of Liability

In no event shall Custom Comfort be liable for any indirect, incidental, punitive, special, or consequential damages, or damages for the loss of profits, revenue, or use incurred by the customer or any third party, whether in an action in contract, or tort, or otherwise, even if advised of the possibility of such damages. Custom Comfort liability for damages arising out of or in connection with this agreement shall, in no event, exceed the purchase price of the defective equipment. The provisions of this agreement allocate the risks between Custom Comfort and the customer. Custom Comfort pricing reflects this allocation of risk, and but for this allocation and limitation of liability, Custom Comfort would not have entered into this agreement.

3. Miscellaneous

This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the Province of Ontario, Canada.

4. Customer’s Representation and Responsibilities

The equipment will be kept at the address shown on the front page of this agreement. During the term of this agreement, the customer will be responsible for taking care of the equipment ( annual maintenance, changing filters, clearing obstructions etc.)  and notifying Custom Comfort of any updates. Customer agrees not to remove, deface, cover, or obscure any of our identification, labels, or stickers.

5. Proposals

Valid for 30 days from the date of the proposal. Although all efforts are made to guarantee pricing, until a written agreement is fully executed  by all parties , pricing cannot be guaranteed.

6. 12-month Guarantee

We want your experience with our company to be a positive one; that is why we offer a 12-month Comfort guarantee. If you are not totally satisfied with the performance of the equipment or its installation, we will address your concerns and resolve, to your satisfaction, issues regarding materials and/or workmanship. It is our commitment to you to provide the highest level of service and installation in the industry!

Exclusions: We do not warrant parts or equipment we did not supply, only work that was performed at this address. Disasters attributed to weather, floods, or acts of nature are also excluded. Any modifications by any company, other than Home Services, will void all warranties and guarantees.

7. Warranty

In addition to the terms and conditions of the original manufacturer warranty and/or contractor warranty, the following terms and conditions will apply: 

– The period of this warranty begins on the 1st day after product installation date. Work on this product must be performed by an authorized Custom Comfort Technician.  Nuisance calls, or calls for non-covered repairs, are not covered by this warranty. Only repairs that are attributed to normal failure of the electrical and mechanical functions of the unit, as shipped from the manufacturer, are covered.  

 – Failure due to, but not limited to, abuse, negligence, impact, fire, lightning, mother nature, power failures and/or surges, rust, corrosion and water supply failures are not covered. Damage and/or repairs to cabinets and all exterior components, related ductwork, vapor sensors, cleaning of drains, fuses, nozzles, pilot orifices, remotes, filters, batteries, knobs, etc., are not covered.

– Additional or unusual utility bills incurred due to any malfunction of defect in equipment listed on this warranty, labour cost of gaining access to or removal of a unit that requires special equipment or tools such as cranes, ladder trucks, etc., are not covered.

– Failure to provide proof of maintenance by a Home Services service contractor will revert coverage back to the manufacturer’s original warranty. This includes, but is not limited to, diagnostics, cleaning, tune-ups, adjustment of customer controls, and customer product education. Labour, material, expenses or equipment required to comply with laws and/or regulations imposed or set forth by any government agencies including, but not limited to, the storage, handling, recovery and/or recycling of refrigerants are not covered by this warranty.

-Units moved from their original point of installation are no longer eligible for coverage and the contract will be void.

-In the case of a water heater or a water softener, any damage to personal property due to a leaking tank is not covered under this warranty.

– Should repair parts become unavailable during the coverage period of this warranty or the manufacturer ceases operation and/or the product cannot be repaired; the product may be replaced at Custom Comfort discretion within the limit of liability stated above.

-To transfer ownership of the warranty, the registered owner must send Custom Comfort a written notification. The original warranty period remains. Claims are covered only if the actual product owner is properly registered with Custom Comfort at the time of product failure. Any representation of this warranty, other than the terms herein, is not binding on Custom Comfort or its agents nor shall it be liable for any incidental or consequential damages. The new home owner must sign up for the annual maintenance.

8. Annual Maintenance

An annual maintenance plan, for furnaces, heat pumps, fireplaces and air conditioners, is a requirement for maintaining the equipment and to maintain the warranty. Failure to do so will result in the warranty being voided and no longer available to the customer.

9. Qualifying Equipment – Only approved residential equipment installed in a residential home qualifies for “Gold Plan” Agreements. Specifically only natural gas, propane, and electric furnaces, hot water boilers less than 200,000 BTUH, air handlers, split system heat pumps/air conditioners 5 tons nominal capacity and smaller, duct free split system heat pumps/air conditioners 3.5 tons nominal capacity and smaller, natural gas fireplaces less than 55,000 BTUH capacity, natural gas and propane under fired storage type water heaters less than 50,000 BTUH capacity, natural gas and propane tankless water heaters and boilers less than 200,000 BTUH, flow through and drum style humidifiers, HRV and ERV with less than 300 CFM capacity. Oil fired equipment is excluded from our plans. Gas logs, conversion burners, window or sleeve heat pumps/air conditioners, Packaged Terminal Air Conditioners, and rooftop equipment are not eligible for Gold Plan Agreements. All equipment must be installed within our normal service areas. Equipment installed in attics is excluded from our plans. The customer must supply reasonable access (as defined in the current gas code and manufacturers’ installation and service instructions) to all equipment that is covered.

10. Buyers Right to Cancel

You may cancel this contract from the day you enter the contract until the 10th day after you receive a copy of the contract, provided no services have been rendered during the 10-day period. Cancellation voids the warranty and annual maintenance obligations to Custom Comfort.  If you cancel at any point prior to the agreed to 12 month period any and all discounts received during months 1-11 will be due and owing and you agree that Custom Comfort will invoice you and collect for same.

11. Signature of Authorization

By signing the proposal contract on the reverse of this document, the terms and conditions set forth in this document are agreed to. No changes, modifications, cancellations, or warranties are valid without being added separately in writing and signed by both parties.

12. Terms and Conditions for our “Gold Plan” Agreements

(a) Duration, Renewals, Cancellation, Transfers, and Refunds

This agreement is for a 12-month period. It will renew automatically. The customer will be given at least 30 days’ notice prior to any price increases or changes to the Terms and Conditions and has the right to cancel the agreement at any time.

(b) Qualifying Equipment

Only approved residential equipment installed in a residential home qualifies for “Gold Plan” Agreements.

(c) Repairs Recommended during a Precision Tune-Up

Any repairs recommended by Custom Comfort during a Precision Tune-Up must be completed at that time. The cost of these repairs will be quoted to and authorized by the customer prior to any of these repairs being initiated. In the case of a Precision Tune-Up or a Gold Plan Maintenance, the customer is responsible for the cost of the repairs. Gold Plan Protection Plus plans cover the cost of the repairs, subject to the terms of the agreement. If a customer is unwilling or unable to authorize the recommended repairs, any equipment failures that occur as a result of the repairs not being done will not be covered by the benefits of the agreement.

(d) Precision Tune-Up

A Precision Tune-Up is on a single piece of equipment and includes a systematic and thorough inspection of the equipment. to determine that it is working safely, reliably, and to manufacturer’s specifications. Payment is due at the time of inspection. The only benefit included with the Precision Tune-Up is a 30 day diagnostic warranty i.e. If the piece of equipment should fail within the 30-day period following the Precision Tune-Up Custom Comfort will return and diagnose the problem at no charge. All repairs required will be quoted and charged at regular or after-hours rates as applicable.

(e) Gold Plan Maintenance Agreement

This agreement includes an annual Precision Tune-Up for each piece of equipment on the plan. Each piece of equipment is covered by a 90-day diagnostic warranty starting from the date on which the Precision Tune-up is completed. All equipment covered by the agreement receives these additional benefits: priority scheduling, no after hours premiums, and a reduced diagnostic fee outside the initial 90-day diagnostic warranty, a 20% discount off the regular daytime rate for any required repairs regardless of when the repairs are required, and a 5% discount off our regular price for any piece of equipment on this plan that they chose to replace.

(f) Gold Plan Protection Plus Agreement

This Agreement includes a Precision Tune-Up for each piece of equipment covered under this plan. Diagnostic fees are waived, and the equipment is covered by a parts and labour warranty plan as described. This plan is designed to protect the customer from unexpected costs associated with breakdowns caused by normal wear and use. As such, external power interruptions, plugged vents or drains, damage/failure caused by external forces, flood, fire, vandalism, wilful acts, and repairs by other than Custom Comfort technicians are not covered. Cabinets, casings, covers and paint are excluded. It does not include consumable supplies such as filters and water panels, not issues caused by plugged filters and/or lack of air flow. Specifically, the assurance portion of the plan covers all the components supplied by the original equipment manufacturer except for parts and labour for compressors or refrigerant leaks on equipment or parts and labour to replace heat exchangers. In all cases, Custom Comfort will recognize terms and conditions of any existing manufacturer’s warranties. Should the covered equipment be replaced by Custom Comfort, it is eligible for a 5% discount.

(g) Gold Plan Protection Agreement

This agreement is limited to the benefits of the assurance portion of the above plan except that there is a maximum annual cap of $800.00 for diagnostic and repair charges combined. This annual cap is calculated by totalling the amount that we would have charged if there was no coverage i.e., if there is an after-hours call then we will add our after-hours diagnostic fee to the after-hours repair cost and apply that total towards the annual cap. If the total is less than the annual cap, we will hold the balance in reserve to apply against a future repair. If the total exceeds the cap, the customer will be required to pay the difference. The annual cap resets upon renewal. This plan has a cooling-off period of 15 calendar days from the time the plan is activated until coverage applies. This 15-day cooling-off period can be waived by one of our technicians if the equipment is deemed to be in proper working order i.e., they have just completed a diagnostic/repair call.

(h) Future Changes to the Terms and Conditions

Custom Comfort may make changes to plan pricing and the above terms and conditions. Changes will not apply until the time of renewal.

(i) Limits of Liability

Custom Comfort accepts no liability for consequential damage caused by misdiagnosis or delays in completing diagnosis or repairs and cannot guarantee part availability or production based on type and age of equipment at any given time. If we are unable to repair equipment covered by a plan (such as but not limited to, lack of availability of parts) then our sole obligation is to terminate the plan and return any unused funds for the current agreement period. Liability ceases and is agreed to by all parties upon termination.

13. How We Use Your Information

Your information is used for:

1. Providing and managing services, including scheduling and responding to requests.
2. Sending updates about services, promotions, or policy changes.
3. Improving our website, services, and customer experience.
4. Ensuring security during data transmission and storage.
5. Complying with legal requirements or protecting our rights.

Sensitive information, like credit card data, is encrypted and transmitted securely. Access is restricted to employees with job-related needs, and servers storing data are kept in secure environments.

Sharing of Information

We do not sell or share your information with third parties for marketing purposes. Personal information may be disclosed only:

1. When required by law or in good faith to comply with legal processes.
2. To protect the rights, safety, or property of Walker Home Services or others.
3. To service providers essential for business operations, such as payment processors.

Customer Consent

We only collect, use, and share your information with your consent, as required by law. By providing your phone number or other contact details, you consent to:

1. Receiving messages related to service updates, scheduling, or promotions.
2. Message frequency, which may vary but is typically up to 2 messages per week.

Opt-Out Instructions

You have the right to opt out of our messaging campaigns at any time. To opt out:

1. Text STOP: Reply “STOP” to any of our messages to unsubscribe.
2. Contact Us: Email office@customcomfort.ca or call (705) 242-8557 for assistance.

Opting out will stop all non-essential communications. Transactional messages related to active service requests may still be sent.

This amalgamated document constitutes the entire agreement between the parties and supersedes all prior discussions and understandings, whether oral or written, relating to the subject matter hereof.

By signing below, the parties acknowledge that they have read and understood the terms and conditions herein and agree to be bound by them.