Get up to $7,500 in rebates when you upgrade to a heat pump!
Get up to $7,500 in rebates when you upgrade to a heat pump!
These Customer Terms, Conditions & Warranty Information (“Terms”) apply to services and products provided by Empower Home Comfort Inc., referred to as “Empower,” “we,” “us” or “our.”
The person or organization purchasing the products or services is referred to as the “Customer,” “you” or “your.”
1. Application of These Terms
These Terms apply to estimates, proposals, invoices, work orders, service appointments, repairs, installations, maintenance services, memberships, protection plans and other products or services provided by Empower.
These Terms form part of the agreement between Empower and the Customer when they are:
The Customer’s estimate, proposal, work order or invoice identifies the specific equipment, services, pricing, warranties and project details applicable to the Customer’s job.
Where a job-specific written term conflicts with these general Terms, the job-specific written term will prevail.
Nothing in these Terms limits a right or remedy that cannot legally be waived under applicable consumer-protection legislation.
2. Estimates and Scope of Work
An estimate or proposal is prepared based on the information and site conditions reasonably available when it is issued.
Only the products, materials and services specifically listed in the accepted estimate or proposal are included.
Unless specifically included in writing, the following are excluded:
Empower will not perform chargeable work beyond the accepted scope without the Customer’s authorization, except where immediate action is reasonably required to protect people, property or equipment.
Additional work may be approved through:
Where applicable law restricts charges beyond a written estimate, Empower will comply with those requirements.
3. Pricing and Taxes
All prices are stated in Canadian dollars unless otherwise indicated.
Applicable HST and legally required government charges will be added unless expressly included in the quoted price.
Quoted prices may be corrected where there is an obvious:
Empower will advise the Customer before proceeding where a correction materially changes the price or scope.
Promotional prices, discounts and offers:
4. Deposits and Payment
Payment terms will be shown on the applicable estimate, proposal or invoice.
Empower may require a deposit before:
Unless otherwise stated in writing:
Empower may accept payment by:
A convenience or processing fee may apply to certain payment methods where legally permitted and disclosed before payment.
Returned, declined or stopped payments may be subject to an administrative charge.
Overdue balances may be subject to the interest or financing charge stated on the estimate or invoice, up to the maximum permitted by law.
The Customer is responsible for reasonable collection and enforcement costs arising from an unpaid account, to the extent permitted by law.
5. Financing
Financing is provided by independent third-party financing companies and not by Empower.
Financing is subject to:
Empower does not control the lender’s:
Where financing is selected, the Customer authorizes the financing provider to release approved funds to Empower in accordance with the financing agreement and any completion or funding authorization signed by the Customer.
The Customer remains responsible for the purchase price where financing is declined, cancelled, reversed or not funded unless the purchase agreement is validly cancelled under applicable law.
Questions concerning the financing account, payment schedule, interest rate or lender portal should be directed to the financing provider.
6. Rebates, Grants and Incentive Programs
Any rebate, grant, tax credit, government incentive, utility incentive or manufacturer promotion is subject to the rules of the applicable program.
Unless expressly guaranteed in writing by Empower:
The Customer is responsible for providing accurate and timely information required by the program.
Empower may assist with documentation or applications as a courtesy, but final eligibility and payment decisions are made by the applicable program administrator.
7. Scheduling and Property Access
Installation and service dates are scheduled in good faith but may change due to:
Unless a specific time is expressly guaranteed in writing, arrival times and appointment windows are estimates.
The Customer must provide:
Additional charges may apply where work is delayed, interrupted or cannot be completed because the property is:
8. Permits, Inspections and Code Requirements
Where specifically included in the estimate, Empower will arrange applicable permits or inspections.
The Customer is responsible for disclosing known:
If an inspector, authority, manufacturer, utility or applicable code requires additional work not included in the original scope, that work will be quoted separately.
Empower is not responsible for pre-existing code violations or deficiencies unrelated to the work performed by Empower.
9. Concealed and Unexpected Conditions
Walls, ceilings, floors, ductwork, piping, drains, gas lines, refrigerant lines and electrical wiring may conceal conditions that cannot reasonably be identified before work begins.
Examples include:
Where an unexpected condition is discovered, Empower may stop work and provide a revised scope and price.
Empower is not responsible for the cost of correcting a concealed, pre-existing or third-party condition unless that work is expressly included in writing.
10. Customer-Supplied Equipment and Materials
Where Empower agrees to install equipment or materials supplied by the Customer:
Empower may refuse to install equipment that appears:
11. Installation Completion
An installation is considered substantially completed when the equipment has been installed and is capable of performing its primary intended function, subject to minor adjustments, deficiencies or administrative items.
At completion, Empower may:
The Customer should inspect the completed work and promptly notify Empower of any visible concern.
By signing the completion invoice, the Customer confirms that Empower provided an opportunity to review the completed work and ask immediate questions.
Signing the completion invoice does not remove any right that cannot legally be waived.
12. Equipment Performance
Equipment performance may depend on factors outside Empower’s control, including:
Unless expressly guaranteed in writing, Empower does not guarantee:
13. Manufacturer Warranty
Installed equipment may include the manufacturer warranty shown on the estimate, proposal or invoice.
Manufacturer warranties are provided and administered by the equipment manufacturer and are subject to the manufacturer’s:
Manufacturer warranty coverage generally applies only to eligible replacement parts unless additional coverage is expressly stated in writing.
A manufacturer parts warranty does not automatically include:
Empower does not control a manufacturer’s:
14. Product Registration
Some manufacturers provide longer warranty periods where equipment is registered within the manufacturer’s required registration period.
Empower may assist with registration. However, the Customer should retain the final invoice and confirm that registration has been completed.
The Customer is responsible for providing accurate:
Failure to satisfy a manufacturer’s registration requirements may reduce the applicable manufacturer warranty period.
15. Empower Installation and Repair Warranty
15.1 Installation Labour Warranty
Unless a different labour warranty is expressly stated in writing, Empower provides a 1-year labour warranty on installation workmanship, beginning on the original installation date.
This warranty applies only to issues directly caused by the original installation work performed by Empower.
The installation labour warranty does not cover:
Warranty eligibility can only be confirmed after inspection and diagnosis.
15.2 Repair Warranty
Parts supplied and installed by Empower are covered according to the applicable manufacturer warranty and are subject to the manufacturer’s terms, conditions and exclusions.
Unless otherwise stated in writing, labour directly related to a completed repair is warranted for 90 days from the repair date.
The 90-day repair labour warranty applies only to:
Empower does not provide a warranty on parts supplied by:
A repair does not guarantee that another part or component within the equipment will not later fail.
If additional repairs become necessary because of another defective part, component, condition or cause, those repairs will be diagnosed and charged separately.
The repair warranty does not apply to:
A service visit may initially be treated as billable where the cause of the issue has not yet been determined.
Charges directly related to a confirmed covered installation or repair warranty issue will be handled according to the applicable warranty terms.
16. Extended Labour Warranty
Where an extended labour warranty was specifically purchased or included in writing, its stated duration, scope, conditions and exclusions will apply.
Extended labour warranty coverage may require:
An extended labour warranty does not necessarily include:
17. Refrigerant
Refrigerant is not covered under the warranty.
Any refrigerant required for diagnosis, leak testing, evacuation, charging, recharging or repair is billable to the Customer.
18. Diagnostic, Dispatch and Service Fees
During the first year from the original installation date, service visits directly related to a confirmed issue covered under Empower’s 1-year installation labour warranty will be handled according to the applicable warranty terms.
After the first year from the installation date, service visits may be subject to a dispatch, diagnostic or service-call fee, even if a part may be covered by manufacturer warranty.
Any applicable dispatch, diagnostic or service-call fee will be disclosed when the appointment is booked.
Additional charges may apply for:
Charges that cannot reasonably be determined until the equipment is inspected or diagnosed will be explained before additional repair work proceeds.
19. Maintenance Responsibilities
The Customer is responsible for properly operating and maintaining the equipment.
Maintenance may include:
Maintenance is not included unless specifically listed in the:
Failure to perform required maintenance may:
20. Third-Party Work
Empower is not responsible for damage, performance issues or failures caused by equipment or related systems being:
Warranty coverage may be affected where third-party work impacts:
This section does not prevent the Customer from exercising any right available under applicable law.
21. Replacement Parts and Equipment
Manufacturer warranty replacements are subject to manufacturer approval and parts availability.
A replacement part may not be identical in:
Where the original part has been changed or discontinued, the manufacturer may provide an approved equivalent replacement.
Where the manufacturer determines that an approved equivalent part or product is appropriate, that replacement will satisfy the manufacturer warranty unless otherwise required by law.
Replacement of a component does not restart the original equipment warranty unless the manufacturer expressly provides otherwise.
22. Water Heaters and Rental Equipment
Where Empower removes an existing rental or third-party-owned water heater, the Customer is responsible for confirming:
Unless expressly included in writing:
If Empower transports or assists with returning rental equipment, that assistance does not make Empower responsible for the Customer’s rental agreement or the rental provider’s decisions.
23. Property Protection
Empower will take reasonable precautions to protect accessible areas of the property while performing the work.
The Customer must remove or protect:
Empower is not responsible for:
Any alleged property damage should be reported promptly and, where reasonably possible, before repair by another party so Empower has an opportunity to inspect it.
24. Photographs, Video and Service Records
Empower may photograph or record:
These records may be used for:
Empower will not knowingly publish identifiable images of the Customer or private living areas for advertising without permission.
25. Subcontractors
Empower may use qualified:
Empower remains responsible for work within the scope of its agreement with the Customer, subject to these Terms and applicable law.
26. Cancellation and Cooling-Off Rights
The Customer may have cancellation rights under Ontario consumer-protection legislation depending on:
Where a statutory cooling-off period applies, the Customer may cancel within the applicable period by providing notice in the manner permitted by law.
Nothing in these Terms limits a statutory cancellation right.
Where the Customer requests that work begin before the expiry of an applicable cooling-off period, the Customer’s rights and payment obligations will be governed by applicable law and any separate written authorization.
Outside a statutory cancellation right, cancellation may be subject to reasonable charges for:
No cancellation fee will apply where prohibited by law.
27. Special-Order and Non-Returnable Products
Equipment and materials ordered specifically for the Customer may be:
Before ordering a clearly identified special-order or customized product, Empower may require a deposit that is non-refundable to the extent permitted by law.
This section does not remove any statutory cancellation or refund right.
28. Maintenance Plans and Recurring Services
Where the Customer purchases a maintenance plan, membership or protection plan, the plan-specific terms will govern:
A maintenance or protection plan is not an insurance policy and does not guarantee that every repair, component or service will be covered.
Plan benefits generally apply only while:
29. Customer Responsibilities
The Customer agrees to:
Failure to promptly report a known:
30. Limitation of Responsibility
To the extent permitted by law, Empower is not responsible for indirect, incidental, special or consequential losses, including:
Empower remains responsible for direct loss or damage caused by its negligence, breach of contract or failure to meet a legally required standard, subject to applicable law and the specific written agreement.
Nothing in these Terms excludes or limits liability for:
31. Events Outside Empower’s Reasonable Control
Empower is not responsible for delay or failure caused by circumstances outside its reasonable control, including:
Empower will make reasonable efforts to communicate material delays and resume performance when reasonably possible.
32. Customer Concerns and Dispute Resolution
Customers should contact Empower promptly regarding a concern so that Empower has a reasonable opportunity to:
The parties will make reasonable good-faith efforts to resolve disputes directly.
Either party may suggest mediation or another voluntary dispute-resolution process.
Nothing in these Terms requires a consumer to waive the right to bring a claim before a court or tribunal where that right is protected by law.
These Terms are governed by the laws of Ontario and the applicable laws of Canada.
33. Privacy
Empower may collect and use personal information to:
Information may be shared with:
34. Electronic Communications and Signatures
The Customer agrees that estimates, proposals, invoices, notices, warranty documents and other communications may be delivered electronically.
Electronic signatures, electronic acceptance and electronically recorded authorizations have the same effect as written acceptance to the extent permitted by law.
The Customer is responsible for providing an accurate:
35. Severability
If a provision of these Terms is found to be invalid or unenforceable, it will be limited or removed only to the extent necessary.
The remaining provisions will continue to apply.
36. No Waiver
A delay or failure by either party to enforce a right does not waive that right.
A waiver applies only to the specific matter for which it was provided.
37. Changes to These Terms
Empower may update these Terms from time to time.
The version applicable to a specific transaction will generally be the version provided or linked when the applicable estimate, proposal or agreement was accepted.
An update will not retroactively reduce:
38. Warranty and Service Request Process
To request warranty or service assistance, the Customer should provide:
An inspection and diagnosis may be required before warranty eligibility can be confirmed.
The existence of a manufacturer warranty does not automatically mean that the following are covered:
Customers should contact Empower promptly after noticing an equipment or installation concern so that it can be reviewed before further damage occurs.
39. Contact Information
Empower Home Comfort Inc.
241 Applewood Crescent, Unit 6
Concord, Ontario L4K 4E6
Phone: 800-375-8984
Contact page: https://www.empowerhomecomfort.ca/contact-us/
