NB Power agrees to provide water heater service, which shall include the maintenance of a complete water heater unit, comprising a storage tank, heating elements, thermostats, temperature limit control, thermal insulation, and such other equipment as NB Power may deem advisable from time to time.
The customer agrees, in consideration for the water heating service and subject to the said conditions hereof:
a) To take and to pay for the use, a fee for the water heater service in accordance with the prevailing rate, and
b) To commence payment at the next regular billing date after the date of delivery of the equipment.
Terms and Conditions
- The customer is responsible for the initial installation in new construction while NB Power will provide initial installation in existing construction. NB Power is responsible for replacement of elements, thermostats, temperature and pressure relief valves, anodes and the adjustment of thermostat settings. NB Power replaces heaters that cannot be effectively repaired. The customer is responsible to provide a suitable location for the water heater. For the greatest energy efficiency the location should be as close as possible to the point of highest use. To prevent water damage due to water leak from the piping, the temperature and pressure relief valve or from a leaking water heater, the location should be close to a free flowing floor drain or other acceptable means of directing the water to a safe location of disposal. NB Power shall not be liable for damage in the event an adequate drainage system has not been incorporated in the building nor in the event the drainage system has been rendered inoperative or ineffective by any means or by any person beyond the control of NB Power. The installation must be such that the heater and its replaceable components are accessible for repair or removal. The installation must conform to the current issues of the Canadian Electrical Code, the Canadian Plumbing Code, the National Building Code and the CSA Standard for installation, CAN/CSA C-652. Installation must be made by person(s) qualified under the regulations of the Department of Public Safety of the Province of New Brunswick. NB Power assumes no risk and shall not be liable for any damage to property, furnishings, belongings or loss of revenue or personal injury resulting from the presence of its equipment on the customer’s premises or from an Act of God or from accidents, negligence or other actions of civic or similar agencies or any person(s) beyond the control of NB Power. NB Power shall not be liable for damage to property, furnishings, belongings or loss of revenue or personal injury resulting from water heaters being installed in non-compliance with all current codes and standards as described above. Each water heater is equipped with a sacrificial anode to protect the tank from corrosion. No person shall remove the anode for any purpose without the written consent of NB Power. Removal of the anode nullifies the warranty and will cause premature failure of the tank. Unless an agent of NB Power or other person lawfully entitled to do so, no person shall remove, inspect or tamper with the aforementioned equipment, and the properly authorized agent of NB Power 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.
- All equipment of NB Power, 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 fire, flood, etc. and/or damaged by an act of default or negligence of the customer, or from vandalism, then the customer shall be liable to pay NB Power the value of such equipment, or at the option of NB Power, the cost of repairing same.
- In the event of a customer who has notified NB Power’s agent to discontinue the water heater service or, failing to arrange for the admittance of NB Power’s employees or agent, for the purpose of removing its equipment, the customer shall pay for the water heater rental from the date of the last billing until the date of final discontinuance.
- NB Power reserves the right to increase or decrease the water heater service rate without any advance notice to the customer, and all present water heaters will be subject to the change in rate.
- The taking or using by any person of a water heater supplied by NB Power under this agreement shall constitute a binding contract between such person as a customer and NB Power 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 therefore. The agreement 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.
- It is hereby declared that the equipment of NB Power on the premises of the customer for water heater service shall be and remain the property of NB Power 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 NB Power be liable to be seized for arrears or taxes, or under execution, bankruptcy proceedings or other legal process against the customer.
- Water heating equipment of NB Power must be installed and used only for the purpose intended – supplying hot water. The misuse of the equipment being connected to a furnace coil or other auxiliary means of heating, is dangerous and strictly prohibited.