General Terms & Conditions

MEMBERSHIP PLAN CANCELLATION

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.”

MOVING

If you are moving to a new residence, you have two options for your Membership Plan:

• Transfer your Membership Plan: If you move, your Membership Plan is transferable to your new residence, provided you move within our service area. Your Membership Plan will be cancelled at your old residence, and you will be billed for the remaining installments owing for the Membership Plan. Those billed installments will then be applied as a credit on your first bill to the new residence. A new Membership Plan will be created for your new residence, which will remain in effect for an initial period of one year. Please contact Appliance Repair Expert using the information set out under the heading “Contact Us” 30 days before you move out of your old residence to ensure the successful transfer of the plan(s) to your new residence.
• Cancel your Membership Plan: If you choose not to transfer your Membership Plan to your new residence or your new residence is not located within our service area, you will be billed for the remaining installments of your Membership Plan.

PAYING FOR YOUR 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%).

OUR REFUND POLICY

• Cancellation within 10 days – If you cancel your Membership Plan within 10 days and had no service completed within that timeframe, we will issue a refund for any payments made. If you have used the service within 10 days, your Membership Plan will be cancelled and we will issue a refund for any payments made but you will be billed for the cost of the service rendered.
• Equipment not eligible for service – If one of our authorized technicians deems your equipment not eligible under the Membership Plan coverage and you have no prior service completed under your Membership Plan, we will issue a refund for any payments made but you will be billed for the cost of the service rendered.

MODIFICATION OF TERMS AND CONDITIONS

We may modify the terms and conditions of your Membership Plan, including the price, by giving you notice of the changes at least

thirty (30) days and no more than ninety (90) days prior to the Anniversary Date. Such changes will become effective on the Anniversary Date.

DIAGNOSIS, LIABILITY AND WARRANTY

Diagnosis

We will diagnose and repair equipment in accordance with the terms and conditions in this Membership Plan as long as the appliance is:

• Located within the confines of the permanent foundation of your residence;
• Properly installed and in proper working order on the Coverage Date;
• Safely and readily accessible for diagnosis and repair by the authorized technician;
• Located in a safe and sanitary environment for our authorized technician.

Liability

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.

Warranty

We make no representations or warranties as to the parts and labour, except those given by statute, except as provided below.

EXCLUSIONS

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.

• Your Membership Plan does not allow to apply coupons code for repair and installation service.
• Your Membership Plan 20% discount is only applicable for repair service and doesn’t apply for any installation service provided by our Technician.

Equipment not Readily Accessible by an Authorized Technician

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.

Standard Terms

Personal Information

We collect personal information about you in order to establish and manage our and our authorized service provider”s business relationship with you. We won”t knowingly share this information with third parties without your permission, other than to service providers, parties that provide us with credit information, parties to whom we transfer, assign, encumber or otherwise dispose of this Agreement or otherwise in accordance with our Privacy Policy which is available at appliancerepairexpert.ca/privacy-policy/ or can be obtained from our Privacy Officer.

In light of this, you hereby: (i) consent to the collection, use, disclosure and maintenance of personal information and to receiving commercial electronic messages and promotional offers (such as tips to help you run your home or place of business more efficiently and reliably, special money-saving offers available to our customers and news about products and services that may be of interest to you) in accordance with the terms of our Privacy Policy, you may opt out at any time by contacting our Privacy Officer using the information below; (ii) authorize us to use and disclosure your personal information to: verify your identity when you request information about your account by telephone or email; bill, collect payment, manage your account and/or supply services to you under this Agreement; review information about your bill payments; provide to our authorized technicians and other companies that provide service under this Agreement; comply with law enforcement and/or a legal requirement; process past due accounts of yours which have been passed to a debt collection agency; and undertake a credit reference check and we agree that the results thereof, any other personal information provided by or about you shall be handled by us in accordance with applicable laws and the Privacy Policy. We may record our telephone conversations with you and disclose the recordings to achieve the purposes set out in this section.

You may contact our Privacy Officer to discuss any questions or concerns related to the Privacy Policy, how your information is being handled, or to request that your personal information be revised or removed from our promotional list by info@appliancerepairexpert.ca

Technician Safety

No service or repairs under the Membership Plan will be provided if our authorized technician refuses to enter a residence due to the presence of animals, insects, unsanitary conditions or unsafe conditions or is unable to provide service due to equipment that is not readily accessible. In the event of such unsanitary or unsafe conditions, as determined by us acting reasonably, we may, in our sole discretion, terminate your Membership Plan.

Governing Law

This Membership General Terms and Conditions is governed by and construed in accordance with the laws of Ontario and federal laws of Canada applicable therein.

Entire Agreement

This Membership Plan General Terms and Conditions, including any supplemental terms and conditions, welcome letter(s), renewal letter(s), and completed enrollment form(s) is the entire agreement between you and us and supersedes all prior agreements, understandings or discussions, whether oral or written, and there are no warranties, representations or other agreements except as specifically set out herein.

Conflict

If there is a conflict or inconsistency between the information on the enrollment form and this Membership Plan Guide, this Membership Plan Guide take priority to the extent of such conflict or inconsistency.

Assignment

We may assign any or all of our rights and obligations under this Membership Plan Guide or pledge the Membership Plan Guide and Agreement or proceeds thereunder as security for any obligation without your permission. If you want to assign this Agreement to anyone else, you will need our written consent to do so.

Notice

We can provide notice to you by personal delivery, mail (including registered mail), phone or by e-mail. If the e-mail addresses which you have provided us change, you will need to give us your updated e-mail address.

Force Majeure

We are not responsible for failing to perform our obligations or for any loss to you under this Membership Plan Guide if we are prevented from doing so by events or circumstances beyond our control.