In consideration of receiving the rebate under this Royal Flush Toilet Rebate Program, the applicant acknowledges and agrees:
- That the Corporation of the City of Guelph (City of Guelph) is not responsible for the selection, installation or operation of the toilet;
- That the toilet must be a new, water-efficient model from the Guelph-approved WaterSense® certified list and must be installed in a residence built prior to January 1, 2014, located in the City of Guelph and connected to the municipal water supply;
- That the Applicant shall provide the City of Guelph or its agent with reasonable access to the toilet, that the City of Guelph or its agent may inspect any residence participating in this Program in order to verify the installation of the toilet and eligibility of the same, if the City of Guelph so requests, and that the City of Guelph or its agent may access utility billing account information for the purpose of monitoring water. Be available for an inspection. The City of Guelph reserves the right to withhold the rebate based upon inspection results;
- That the City of Guelph does not guarantee or warrant the toilet or its installation, the performance, freedom from defects, quality of workmanship or suitability of the toilet or any installation thereof for any purpose, or the suitability of the premises for installation. Further, the Applicant acknowledges and agrees to assume any and all costs of the installation or any alterations necessary for the proper installation of the toilet;
- To indemnify, save and hold harmless the City of Guelph, and its agents, officials, officers, councillors and employees (collectively, the agents) against all liability, loss, costs, damages, and expenses, causes of action, actions, claims, demands, lawsuits and other proceedings, by whomever made, sustained, brought or prosecuted, including by third parties, involving bodily injury, death, and property damage, in any way based upon, occasioned by or attributable to the Applicant’s participation in this Program; and
- To refund such rebate to the City of Guelph on request, if this application contains any material misstatement or misrepresentation on such Applicant’s behalf, or if the Applicant breaches any of these terms or conditions.