The Swimming Pool Efficiency Local Program (“Swimming Pool Program”) is offered by the LDC, administered by Hydro Ottawa Limited (“Hydro Ottawa”) and funded by the Independent Electric System Operator ("IESO" and collectively with the LDC and Hydro Ottawa, the "Program Operators"). For the purposes of this Participation Agreement, a "Qualifying Pool Pump" (“Eligible Measures”) means a pump that is: (a) an Energy Star® qualified certified variable-speed pool pump (see: www.energystar.gov/productfinder/product/certified-pool-pumps/results for a non-exhaustive list of qualifying pool pumps); (b) equipped with multiple programmable speeds; (c) installed after the date of this agreement and before December 31st, 2020 and (d) is replacing an existing single-speed pool pump.
By submitting this Application, I understand and agree to the following:
1. To be eligible for the $400 CND instant rebate, I have purchased a Qualifying Pool Pump from a participating Vendor, and retained the Vendor to install the Qualifying Pool Pump as described in this Application.
2. I represent and warrant that: a. I am an electricity customer of the LDC who resides in a single-family residential home (attached or detached), with an in-ground pool that has an existing single-speed pool pump; b. The Vendor has or will install the Qualifying Pool Pump at the Installation Address within 30 days of purchase or before December 31, 2020 whichever comes first; c. The Vendor has provided a $400 CND instant rebate off of the total price of the Qualifying Pool Pump in the amount; d. If I am a tenant I have obtained all required right and authority to install the Qualifying Pool Pump; e. The Qualifying Pool Pump replaces an existing single speed pool pump which has been removed and decommissioned and will not be reused or resold; and APPLICANT INFORMATION Customer Name: Installation Address: City/Town: Postal Code: Phone: Email Address: Local Distribution Company (“LDC”): Purchase Date: Vendor: Qualifying Pool Pump: (as purchased from the "Vendor"): Scheduled Installation Date: Manufacturer Make & Model: Property Type: Property Occupied By: Customer initials here: I have purchased the Qualifying Pool Pump described above and have received a $400 CND instant rebate as evidence on my invoice a copy of which is attached hereto. Page 2 of 3 f. All information contained in the Agreement is true, accurate and complete. g. I understand that the Program Operators make no representations regarding manufacturers, dealers, contractors, material or workmanship. I also understand that the Program Operators make no warranty whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use or application of the product.
3. I agree that the Program Operators have no liability whatsoever concerning (1) the quality, safety and/or installation of the Qualifying Pool Pump, including their fitness for any purpose, (2) the estimated energy savings of the Qualifying Pool Pump, (3) the workmanship of any third party, (4) the installation or use of the Qualifying Pool Pump, (5) any other matter with respect to the Swimming Pool Program. I waive any and all claims against the Program Operators and their respective parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of the Program Operators in connection with this Application for an incentive under the Swimming Pool Program.
4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROGRAM OPERATORS SHALL NOT BE LIABLE HEREUNDER FOR ANY TYPE OF DAMAGES WHETHER DIRECT OR INDIRECT INCIDENTAL, CONSEQUENTIAL EXEMPLARY, RELIANCE, PUNITIVE OR SPECIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF USE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT, INCLUDING NEGLIGENCE OF ANY KIND.
5. I agree that I shall, as requested by the Program Operators, be required to provide the Program Operators access to the Installation Address and my records for the purpose of verifying compliance with this Application and the Swimming Pool Program. I also agree to participate in any surveys; study, audit, evaluations or verification conducted by the Program Operators in connection with this Application and the Swimming Pool Program.
6. I agree to transfer and assign, or to the extent transfer or assignment is not permitted, hold in trust for, or in favour of, Hydro Ottawa, in its capacity as agent for and on behalf of IESO, and not for Hydro Ottawa’s own benefit, all right, title and interest in and to all benefits or entitlements associated with the electricity savings or demand savings attributable to a device, and the right to quantify and register these, including without limitation, any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, emission reduction allowance (collectively, the "Environmental Attributes"). Until IESO notifies me otherwise, Hydro Ottawa, in its capacity as agent, shall be entitled, unilaterally and without my consent, to deal with such Environmental Attributes on behalf of IESO in any manner Hydro Ottawa determines. I acknowledge that IESO may direct me in the same manner as Hydro Ottawa and that until IESO notifies me otherwise Hydro Ottawa may direct me to take such actions and do all such things necessary to certify, obtain, qualify and register with the relevant authorities or agencies such Environmental Attributes for the purpose of transferring, assigning, or holding in trust, such Environmental Attributes to and for IESO and I shall comply with such directions, and will be entitled to reimbursement of the cost of complying with such direction, provided that Hydro Ottawa, acting reasonably, has approved such cost in writing prior to the cost being incurred by me.
7. I understand and agree that by submitting the Swimming Pool Program Application, whether or not the Swimming Pool Program Application is accepted, I consent to the collection, use, disclosure and other handling of any information I provide to the Program Operators, including personal information such as my name, address, telephone number, email address and records showing historical energy use and consumption (the "Local Program Participant Information") by the Program Operators for purposes relating to the operation, administration or assessment of the Swimming Pool Program or the Swimming Pool Program Application and/or this Participation Agreement, and in connection with any reporting activities relating to the Swimming Pool Program, which shall include, without limitation: (i) sharing of Local Program Participant Information among the Program Operators; (ii) use by the Program Operators of the Local Program Participant Information provided by me to conduct, analyze and report on the results of the Swimming Pool Program and to conduct surveys and modify the Swimming Pool Program based on such surveys; and (iii) disclosure to the Ontario Energy Board, the Ontario Ministry of Energy or the Ontario Environmental Commissioner and/or their respective successors. I hereby consent to the disclosure by IESO to the LDC and Hydro Ottawa, of information regarding the Local Program Participant's past participation in other IESO-funded programs for the purposes of processing the Swimming Pool Program Application. I will indemnify and save harmless each of the Program Operators and their respective directors, officers and employees from any and all liability and all claims, losses, damages (including indirect and consequential damages), expenses and proceedings for personal injury (including death) or property damage of any person relating to, or in connection with, resulting from, or arising out of the Swimming Pool Program, including by reason of the actual or alleged implementation of any part of the Swimming Pool Program and its operation or any other matter contemplated by the Swimming Pool Program Application or this Agreement. Page 3 of 3
8. That the Local Program Participant Information may be accessible to third parties under the Freedom of Information and Protection of Privacy Act (Ontario) or the Municipal Freedom of Information and Protection of Privacy Act (Ontario).
9. I acknowledge and agree: a. that the terms and conditions of this Participation Agreement are subject to change at any time; b. to allow the Program Operators or their representatives access my property for the purpose of conducting evaluation, measurement and verification activities including installing physical loggers or other monitoring equipment.
11. I further consent to the collection, use and disclosure of my personal information by the Program Operators in connection with the Swimming Pool Program and/or this Application including for the purposes of reporting, follow-up surveys, studies and audits, and the provision to the IESO of my past and current energy usage for such purposes. I understand that in connection with such reporting, surveys, studies and audits, the Program Operators may contact me directly, including by email and other electronic communications. Pursuant to Canada’s anti-spam legislation (hereinafter “CASL”), the LDC on behalf of Hydro Ottawa and the IESO, is hereby requesting your Express Consent (as that term is meant in CASL and its associated Regulations) to contact you at the electronic address identified in this Participation Agreement. If you wish the IESO and Hydro Ottawa to communicate with you by email in connection with the Swimming Pool Program and/or this Application, future conservation programs, customer satisfaction surveys and other related purposes, please confirm by signing here:
12. You may withdraw your consent at any time. You may also reach the IESO at 120 Adelaide Street West, Suite 1600, Toronto, ON, M5H 1T1; ieso.ca; saveonenergy.ca; or 905 403-6900. You may also reach Hydro Ottawa at 2711 Hunt Club Road, Ottawa, ON, K1G 3S4; firstname.lastname@example.org; or 613 738-6400.
13. Except as otherwise provided, these terms and conditions constitute the entire agreement between you and the LDC in connection with its subject matter and supersedes all prior representations, warranties and understandings whether written or verbal. This Participation Agreement is governed by, and is to be construed and interpreted in accordance with the laws of Ontario. Nothing contained herein shall be deemed to constitute a principal and agency relationship or partnership or joint venture or to create any agency or fiduciary relationship between the parties. The Customer may not assign, in whole or in part, its obligations or rights hereunder.
14. The provided installer will be the individual to install the pump and pick up the pump from the branch location.
15. You are replacing a single speed pump
16. CANNOT BE A NEW POOL, it is a replacement of a single speed pump.
17. The cost of install is determined by the provide installer.
18. You must use the installer that is provided by Discounter's Pool and Spa Warehouse.
19. I am providing accurate information
20. I have provided the correct utility company, and the correct account number
I understand that if any of these Terms and Conditions listed are not followed, I will be charged 400$ to the method of payment used.