You have applied to participate in the Residential Electric Vehicle Charging Station Pilot Project (the “Project”) offered by Hydro Ottawa Limited, your local electricity distribution company (the “LDC”). If the LDC accepts your application you may qualify to receive an Electric Vehicle Charging Station (“Device”) at a manufacturer’s price, installed in or on your premise, subject to a residential feasibility assessment, installation costs and executing the required agreement(s).
In consideration for your application to participate in the Project, you agree to the following terms and conditions:
- You represent and warrant that you are a residential electricity distribution customer within the service area of the LDC and, that you are:
- an individual 18 years or older and is the owner of the premises; or
- an individual 18 years or older and is the tenant or lessee of the premises and has the authority to install the Device, either as a condition of your lease, or has the written consent or authorization of the owner of the premises.
- You agree to permit the Device to be installed in or on the premise indicated above by the LDC and/or the LDC’s contractors. If the LDC determines at its sole discretion that the Device cannot be installed, including for safety or access reasons or other reason, this agreement will terminate without payment or liability by either party.
- You agree not to move, remove, tamper with, disable or damage the Device that is installed in or on your premises. Any failure to comply with these obligations will be at your sole risk for any damage that may result including damage to the equipment or your premises or injury to any person.
- You agree and acknowledge that: (i) the LDC’s contractor is independent of the LDC and that the LDC makes no representation, warranty, endorsement or recommendation of any kind with regard to the “Project”; (iii) the LDC, nor its successors, assignors, affiliates, employees, agents, officers, directors, service providers and such affiliates, respective officers, directors or employees or any of their heirs, successors or assigns (collectively, the “Project Operators”) will be liable for any loss, damage or injury to persons or property, including without limitation any economic loss, loss of good will, loss of profit or any direct, indirect, special or consequential damages, and any costs or losses, expenses, fees, liabilities, allegations, causes of action, suits, proceedings, debts, penalties and demands arising there from or connected therewith of any nature or kind whatsoever arising from or related to the installation of the Device, or the interruption of power to any equipment to which a Device is connected, the Project or any matter related to this agreement, including, without limitation, any acts or omissions of any Project Operator and you hereby release the Project Operators of, from and against any and all of the foregoing. You agree to indemnify the Project Operators if you or any member of your family, occupant or guest seeks damages against any of them for any reason that is connected with this agreement or the Device.
- You agree to participate in any follow up surveys, studies, audits, evaluations or verifications conducted by the LDC or their agents or service providers in connection with the Project.
- You consent to the collection, use, disclosure and other handling of any information provided by you to the Project Operators, including personal information such as your name, address, telephone number, email address and records showing historical energy use and consumption (collectively the foregoing is referred to as “Participant Information”) by the Project Operators for purposes relating to the operation, administration or assessment of the Project, and in connection with any reporting activities relating to the Project, which such use will include, without limitation: (i) sharing of Participant Information among the Project Operators; (ii) use by the Project Operators of the Participant Information provided by you to conduct, analyze and report on the results of the Project and to conduct surveys and modify the Project based on such surveys; and (iii) disclosure to the Ontario Energy Board, the Independent Electricity System Operator, the Ontario Ministry of Energy or the Ontario Environmental Commissioner and/or their respective successors. You hereby acknowledge that the 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).
- You acknowledge and agree that: (i) you have independently assessed the risk of installing the Device in or on your premises and you accept such risk; (ii) the Device has been selected and obtained through normal commercial channels, and the LDC makes no representation or warranty, express, implied, statutory or otherwise, including any representation or warranty as to merchantability, design, capabilities, suitability, durability or fitness for use or for a particular purpose, with regard to the Device or any part thereof or the installation thereof or otherwise; (iii) the Device is intended for use only as directed and improper use may result in injury or damage.
- The LDC shall not be in default, and shall not be deemed to be in default, of these terms and conditions by reason of delay or the failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of the LDC, including without limitation any act of God or other cause which frustrates the performance of the LDC’s obligation herein.