We may discontinue or cancel your Membership Plan at any time. If we do so and your Membership Plan was paid by lump sum, our liability will be restricted to issuing a refund of your Membership Plan on a pro-rata basis. We will complete any repairs or parts replacements covered by your Membership Plan for which you have notified us prior to the date the Membership Plan is discontinued or cancelled. We may also cancel your Membership Plan if you fail to meet any of your obligations (including payment obligations).
If you have chosen to pay for your Membership Plan by way of installments and you cancel your Membership Plan prior to your Anniversary Date or if we cancel your Membership Plan because you failed to meet any of your obligations (including payment obligations), you will be billed out for the remaining installments owing for the Membership Plan.You can contact us to cancel your Membership Plan using the information set out under the heading “Contact Us.”
If you are moving to a new residence, you have two options for your Membership Plan:
The Membership Plan may be paid in a lump sum or by installments. If you elect to pay in installments, you agree to pay the charges at the intervals described in the enclosed welcome or renewal letter. Applicable taxes (including HST) will be added to each installment when billed. Your Membership Plan charges may be included on your utility bill, or we may choose to bill you separately or through our service provider.
Amounts will be billed in advance of the period to which they apply and are payable by the due date shown on the bill. A late payment charge will apply to all overdue amounts on your bill, including applicable taxes, at a rate of 1.5% per month or 18% per year (for an effective rate of 19.56%).
We will diagnose and repair equipment in accordance with the terms and conditions in this Membership Plan as long as the appliance is:
Appliance Repair Expert tries to diagnose and repair problems on the first service visit; however, it is not always possible. We are not liable for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs. If we do not correct or repair a problem covered by your Plan or if a replacement part fails, our sole liability will be to correct the problem and, if necessary, to provide an additional replacement part.
In no event are we liable for indirect, consequential or economic damages or for loss or damages to any person or property, indirect, consequential or incidental arising from the use or inability to use the equipment to the extent such may be disclaimed by law, nor do we cover any defects which are subject to a manufacturer”s or distributor”s recall, in-home warranty, or which are covered under a manufacturer”s, distributor”s or builder”s program of reimbursement.
Pre-existing defects or deficiencies in existence prior to enrollment are excluded from coverage.
Unavailable Parts or Non-repairable Appliance We try to locate a replacement part or an appropriate substitute as quickly as reasonably possible, but limited availability of certain parts may result in delays from time to time. If a part is no longer available or we cannot obtain it at a commercially reasonable cost, we will not be liable for replacing the equipment. If the part is no longer available or the equipment cannot be repaired, either of us may terminate your Membership Plan.
We make no representations or warranties as to the parts and labour, except those given by statute, except as provided below.
General Exclusions: Your Membership Plan specifically does not cover any equipment used for commercial or other non-residential use or any costs, including diagnosis and service, repair, parts replacement, or adjustment if the equipment was used for commercial applications. Costs will further not be covered if repairs are needed because of: design faults or faults which existed before your Membership Plan became effective, abuse, tampering, alterations or repairs by persons other than us, accidental or deliberate damage, loss, theft, freezing weather conditions, subsidence, structural repairs, fire, lightning, explosion, earthquake, flood, storm, acts of war or other insurable risks, the thermostat is not at the proper setting, the household electrical fuse or breaker required for the equipment is blown, improper sizing or application of the equipment, redecoration or renovation related work, pre-existing defects or deficiencies in existence or which have previously been repaired during the first 30 days prior the date of coverage under your Membership Plan, lack of reasonable maintenance, heating, cooling, appliance, electrical or plumbing or drains system breaking down.
Circumstances, where appliance is not readily accessible for an authorized technician, include, but not limited to, instances where your appliances are located in a crawl space, attic or an area where an authorized technician cannot safely or easily access them. In such instances, we will not provide service and will deem your appliance ineligible for service. If one of our authorized technicians deems your equipment ineligible for service under the Membership Plan, we will terminate your Membership Plan.
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