1. Term: The obligations of this Rental Agreement shall commence upon the acceptance of the Customer’s signature on this Rental Agreement by Constellation Home and the installation of the Electric Surge Protection Equipment by Constellation Home. This Rental Agreement may be terminated by either party at any time with written notification to the other party effective as of the next applicable billing period. In the event of termination of this Rental Agreement by the Customer during the first 12 months of this Rental Agreement, Customer agrees to pay an equipment removal charge of $150.00. This Rental Agreement shall remain in effect until cancelled in the manner described herein. If a claim has been filed, no refunds will be given.
2. Rental Fee: Customer agrees to pay to Constellation Home the amount listed on the Cover Sheet for the rental of Electric Surge Protection Equipment installed by Constellation Home. Customer’s obligation to pay the rental fee starts with the day following the installation of the equipment. Constellation Home may change the rental fee after the first year of this Rental Agreement with written notification to Customer not less than 30 days prior to it becoming effective. Unless Customer notifies us in writing or by phone at 888.243.4663 within 20 days after receipt of our notice of the applicable changed fee that Customer wants to terminate this Rental Agreement, Customer shall be deemed to have agreed to such change.
3. Default: Customer shall be in default of this Rental Agreement if the Customer (i) fails to pay any amounts due within one month of the due date, (ii) moves or tampers with the Electric Surge Protection Equipment in any way, or (iii) makes any misrepresentation in connection with the rental and/or use of the Electric Surge Protection Equipment, including, but not limited to, any misrepresentation made in connection with any claim made under this Rental Agreement. In the event of default by the Customer, Constellation Home has the right to terminate this Rental Agreement without notification and to exercise any steps Constellation Home deems appropriate to remedy the default. In the event of termination or default of this Rental Agreement, the Customer agrees to return the rented equipment to Constellation Home or agrees to permit Constellation Home or its subcontractors to enter the premises and take the rental equipment. If Customer fails to return the equipment to Constellation Home, including not providing access to Constellation Home or its subcontractors to remove the equipment, within 30 days of termination of this Rental Agreement, Constellation Home shall have no liability whatsoever for the equipment and may, in its sole discretion, abandon ownership of its equipment at Customer’s premises.
4. Limitation of Liability: Constellation Home shall not in any event be liable for any consequential, special, punitive, indirect or incidental damages no matter how occasioned. Constellation Home’s only responsibility under this Rental Agreement is to repair or replace, in Constellation Home’s sole discretion, the Customer’s equipment and/or appliance which is damaged as a direct result of the failure of the Electric Surge Protection Equipment. In no case shall Constellation Home’s liability under this Rental Agreement exceed $10,000.00 during a 12-month period. Constellation Home shall only be liable for electrical surges passing through the Electric Utility’s service lines. The Electric Surge Protection Equipment does not cover, for example, surges entering through telephone or cable television lines, through satellite dishes, invisible fencing, well pumps, and sustained over voltage or damages occurring from a broken neutral line. A Constellation Home technician must perform an investigation prior to any repair or replacement. In order to obtain service under the Contract, call 888.243.4663. Customer is responsible for monitoring functioning of the equipment on a monthly basis and notifying Constellation Home immediately of any issues.
5. Ownership: Constellation Home will provide the Electric Surge Protection Equipment to be used by the Customer. Constellation Home is the owner of the equipment, and Customer agrees to pay Constellation Home the replacement cost value of the equipment in the event the equipment is lost, stolen, damaged or destroyed.
6. AutoPay Terms and Conditions: Based on customer election, customer agrees to be billed and make payments to Constellation Home for all service contracts. Customer authorizes Constellation Home to debit customer checking account or to charge customer credit card as may be allowed by applicable law according to payment terms.
7. Authorization: By signing this Contract, you authorize us to share your customer information with our affiliates. You may notify us in writing if you wish to rescind this authorization.
