Terms & Conditions
This Agreement “Agreement” is between you, known herein as the “Customer” “your” or “you”, and Grand HVAC Leasing USA, LLC or it’s Affiliates, hereinafter referred to as “GHL” “our” “us” for the rental of a water heater, the “Equipment”, you previously rented from Liberty Utilities and which Equipment has now been acquired by GHL. Your continued use of the rental water heater constitutes your acceptance of the following Terms and Conditions.
- Term and Termination. This Agreement is for a Term of 24 months (the "Term") commencing on October 1st, 2018, the (“Commencement Date”), and shall renew automatically on a year to year basis unless terminated by you. Your sole method of terminating this Agreement is to purchase the Equipment in “As Is” condition for a value equal to: the total present value of all unpaid and future monthly rental payments due under the Terms of this Agreement where the present value will be calculated by discounting at a rate per annum equal to 3.0%. You shall advise of your request to purchase the Equipment by contacting GHL at 1-855-754-0530 or by email at email@example.com.
- Condition of Equipment. You will keep the Equipment in the same condition as when delivered and installed other than normal wear and tear. You have no ownership interest in the Equipment, other than the right to use the Equipment as intended and under the Terms and Conditions herein. You will: (i) maintain effective operation of any system supplying water or electricity to the Equipment; (ii) ensure that no combustible, hazardous or flammable materials are used or stored in the same room near the Equipment; (iii) ensure that the Equipment is not confined in a location where it is difficult to service or remove or where there is inadequate ventilation; (iv) provide GHL or its authorized service representative with access to the Equipment, whenever reasonably required for purposes of inspection, repair, maintenance or removal; (v) ensure that the Equipment is located in an area with sufficient drainage and that such drainage is in proper working order and unrestricted; and (vi) shall not permit anyone who has not been authorized by GHL to service, repair, modify, alter, adjust, move, or disconnect the Equipment.
- Service and Repair. GHL’s obligation to you is to service and repair the Equipment using third party contractors licensed by the New Hampshire Office of Professional Licensure and Certification (http://www.oplc.nh.gov/) with no service charges or parts replacement charges except: (i) if you, or a third party not authorized by GHL, install, alter, modify, adjust, damage, service, repair, move or disconnect the Equipment; (ii) if service or repairs are required because the Equipment was used for unintended or unauthorized purposes; (iii) if Equipment requires de-liming, flushing or other repair due to poor water conditions or poor quality of the environment in which the Equipment is situated; (iv) where, piping, wiring, plumbing, or electric services require cleaning, repair, or replacement; (v) if you fail to maintain your Equipment in accordance with the requirements of this Agreement; or (vi) if you fail to fulfill any of your obligations under the Agreement. A minimum service fee of $100.00 plus any additional charges which may apply for additional services provided shall be charged to your account for Service calls you request which are unrelated to the Equipment, as determined at the sole discretion of GHL including service calls where a person at least 18 years of age is not present in the home or service calls where our access to the Equipment is obstructed. GHL, at its sole discretion, will replace defective Equipment due to issues not caused by you and you shall enter into a new Agreement under the then current Terms and Conditions or this Agreement may be terminated by you in accordance with your obligations under this Agreement.
- Payments. You shall pay the Total Monthly Rental Price including applicable taxes each month throughout the entire Term of this Agreement, starting on the Commencement Date, and pay any additional charges which may apply. Your obligation to remit all amounts under this Agreement shall be absolute and unconditional without any hold-back, deduction, abatement, claim for compensation or set-off for any reason. After the first 12 months of this Agreement, GHL reserves the right to increase the Monthly Rental Price from time to time, with i) at least 30 days advance Customer notice and ii) any increase shall be no more than 4.9% annually. You shall make all payments required to be made under this Agreement to GHL by i) pre-authorized, recurring Credit Card payment from a company acceptable to GHL, or ii) automatic bank withdrawal (ACH) payment where you authorize GHL, and the financial institution you designate, to debit your bank account for the full amount of the payment due under the terms of this Agreement, for the entire term of this Agreement. You waive requirement for any notification when a payment shall be or is processed or any adjustment in Monthly Rental Price or other applicable charges shall apply. You agree to pay a fee of $25.00 for a pre-authorized payment that is returned or incomplete for any reason. You agree that termination by you of Credit Card or ACH payments shall in no circumstance reduce your payment obligation, or any other obligation, under this Agreement. You warrant that all Credit Card or ACH information provided is accurate and for an account in good standing; you are an authorized user of such payment method; and you shall notify GHL at least 15 days prior to any change to your payment arrangements with us. You grant that we may utilize, assign, or transfer payment services to a third-party at our sole discretion. You have the right to receive reimbursement for a payment debited from your account for which this Agreement does not permit. Please contact GHL immediately to report any error of payment. You may also obtain a form for a Reimbursement Claim, or for more information on your recourse rights, you may contact your financial institution.
- Liability. You operate the Equipment at your own risk. You shall indemnify GHL from any loss or damage related to the Equipment for any reason and all claims, losses or costs that GHL may suffer, pay or may be required to pay, including legal expenses, in connection with the Equipment, this Agreement or the use and operation of the Equipment, including any claims against GHL for any injury or death to individuals or damage to property. Your indemnification shall survive termination of this Agreement.
- Default. You shall be in default of your obligations under this Agreement (“Default”) if: a) you do not make any payment(s) as required by this Agreement; b) you encumber the Equipment in any way; c) transfer title to the premises where the Equipment is installed without first purchasing the Equipment, unless we have agreed in writing to the assumption of your obligations under this Agreement by the party acquiring title to such premises or such obligation to be paid at the closing of a transfer of title to the premises; d) you attempt to transfer or sublet the Equipment; e) you move, alter, modify or place the Equipment at risk; f) you remove or attempt to remove the Equipment from the Premises; g) you allow any damage other than that caused by normal wear and tear; h) any representation or warranty made by you in entering into this Agreement is untrue or incorrect; i) or you fail to abide by any of the terms of this Agreement in any way, you shall be in Default and deemed to have terminated this Agreement per the terms of Termination of this Agreement.
- Sale of Residence. If you sell your residence, you warrant to inform the purchaser that the Equipment is rented pursuant to this Agreement and that this Agreement may either be assumed or bought out. You authorize GHL to respond to information requests relating to your account made by or on behalf of the purchaser. You shall contact GHL to inform us of any proposed assignment and you and the purchaser shall undertake all acts and provide and sign all documents as may be required giving effect to the assignment or purchase of this Agreement to the purchaser. If this Agreement is not bought out or assumed by purchaser in full and at any closing, for any reason, you shall remain solely obligated under the terms of this Agreement.
- Assignment. GHL may as and by way of security or absolutely, at any time, without your consent or notice to you, assign or create a security interest in our right, title or interest in this Agreement, payments under this Agreement or in the Equipment described herein to any assignee or purchaser of contracts or payments.
- Personal Information. You consent that your personal information, included as part of your Agreement with us, but not limited to, your account, credit, and billing history, may be collected, used and maintained by us for the purposes of managing your account with GHL. You agree that GHL may provide your information to our lenders, potential lenders, assignees, or purchasers of Agreements or payments. You consent to our recording all telephone conversations between you and GHL and/or any lender, assignee or purchaser and that we may retain all such recordings. You also consent to GHL contacting you at the telephone number(s) and/or email(s) you have provided. You may revoke your consent to record or to contact by informing GHL by phone, by email or by letter. If you have any questions regarding your personal information, please contact GHL 1-855-754-0530 or by email at firstname.lastname@example.org
- Miscellaneous. This Agreement and these terms and conditions makeup the entire Agreement between GHL and you and this Agreement is binding upon you and your permitted successors and assigns. Time is of the essence of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of New Hampshire, applicable therein. Information requests by any person(s) other than you shall be verified, unless otherwise stated in this Agreement, and are subject to administration charges as set from time to time by GHL. You agree that if a provision of this Agreement is void or unenforceable in any jurisdiction is, as to that jurisdiction, void only to the extent of such provision, without invalidating the remaining provisions or the invalid provision with respect to any other jurisdiction. You agree that all our rights are cumulative and not alternative and may be exercised by us separately or together in any order or combination.
- Buyer's Rights to Cancel. Under New Hampshire RSA: §361-B:2, you have the right to cancel a sale made at your home, workplace or dormitory, or at a seller’s temporary location at any time prior to midnight of the 3rd business day after the date of this transaction. YOU DO NOT NEED A REASON TO CANCEL. To cancel, you must notify GHL by one of: i) in writing, at 200 Biscayne Blvd. Suite 2970, Miami FL 33131, ii) by phone at 1-855-754-0530; or ii) email email@example.com no later than midnight of the third business day following the signing of the contract. A business day under this law includes any calendar day except Sunday or holidays. Within 15 days of receiving your cancellation notice, the GHL must return your payment, if any. Within that 15 day period, you must allow the GHL to pick up the Equipment at your address, or if GHL requests, and you agree, you may ship the Equipment back at the GHL’s expense and risk. If GHL does not pick up the Equipment within 90 days of the date of the notice of cancellation, they are yours to do with as you wish. You may also have other rights, duties and remedies at law. For more information, you may contact the New Hampshire Consumer Protection and Antitrust Bureau, Office of the Attorney General, 33 Capitol Street, Concord, NH 03301, Tel: (603) 271-3643, email: firstname.lastname@example.org, Or online at: http://www.doj.nh.gov/consumer.
For additional information: Tel: 1-855-754-0530; Email: email@example.com; Address: Grand HVAC Leasing USA, LLC. 200 South Biscayne Blvd. Suite 2970, Miami, FL 33131.