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Terms and conditions

TERM OF PLAN:

Your Plan coverage begins 5 days after you have enrolled in the applicable Plan (your “Coverage Date”) and remains in effect for an initial period of one year, except otherwise stated in this Maintenance Plan Guide and Agreement.

RENEWAL OF YOUR PLAN

For your convenience, there is an automatic renewal process. Your Plan will renew each year on the anniversary of your Coverage Date (your “Anniversary Date”) unless you have given us notice prior to your Anniversary Date that you do not wish to renew your Plan, or we have given you notice prior to your Anniversary Date that your Plan will not be renewed.

PLAN COVERAGE

Your Plan coverage applies only to single family residences, be it a house, townhouse, condominium or apartment unit, modular home or a manufactured home that has been anchored to a permanent foundation and not moved during the coverage term. Equipment located in commercial properties or in residences that are used as businesses, is not eligible for coverage. If the covered residence is a condominium, townhouse, modular home or manufactured home, coverage is limited to the equipment and systems located within the individual covered unit. Common areas or shared systems in multiple unit dwellings are not covered. If you have more than one piece of the same equipment or system, Plan coverage is limited to the first such piece of equipment that we service, repair or maintain under the Plan.

PLAN CANCELLATION

We may discontinue or cancel your Plan at any time. If we do so and your Plan was paid by lump sum, our liability will be restricted to issuing a refund of your Plan on a prorata basis. We will complete any maintenance, replacements or adjustments covered by your Plan for which you have notified us prior to the date the Plan is discontinued or cancelled. We may also cancel your Plan if you fail to meet any of your obligations (including payment obligations).

If you have chosen to pay for your Plan by way of installments and you cancel your Plan prior to your Anniversary Date or if we cancel your 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 Plan, except as otherwise stated in this Maintenance Plan Guide and Agreement.

If you purchased one of our Maintenance Plans, the entire Plan will be cancelled. You can contact us to cancel your 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 Plan:

a) Transfer your Plan: If you move, your Plan is transferable to your new residence provided you move within our service area. Your Plan will be cancelled at your old residence and you will be billed out for the remaining installments owing for the Plan. Those billed installments will then be applied as a credit on your first bill to the new residence. A new Plan will be created for your new residence, which will remain in effect for an initial period of one year. Please contact Enercare 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.

b) Cancel your Plan: If you choose not to transfer your Plan to your new residence or your new residence is not located within our service area, you will be billed out for the remaining installments of your Plan.

OUR REFUND POLICY

a) Cancellation within 10 days – If you cancel your 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 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.

b) Equipment not eligible for service – If one of our authorized technicians deems your equipment not eligible under the Plan coverage and you have no prior service completed under your Plan, we will issue a refund up to a maximum of one year of payments made. If you have had service under your Plan, you will be reimbursed up to a maximum of one year of payments made from the last service date.”

MODIFICATION OF TERMS AND CONDITIONS

We may modify the terms and conditions of your 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 maintenance equipment in accordance with the terms and conditions in this Protection Plan Guide and Agreement as long as the equipment is:

• Located within the confines of the permanent foundation of your residence (except for a central air conditioning unit);

• Properly installed and in proper working order on the Coverage Date;

• Safely and readily accessible for diagnosis and repair by the authorized technician; and

• Located in a safe and sanitary environment for our authorized technician.

Liability

We try 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 maintenance. 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. All parts and labour covered by the Plan must be provided by our authorized technician. We cannot reimburse you for parts and labour not done by our authorized technician.

Unavailable Parts or Non-repairable Equipment – 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. In the event that 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 Plan. If the Plan is terminated and you have no prior service completed under your Plan, we will issue a refund up to a maximum of one year of payments made. If you have had service under your Plan, we will issue a refund up to a maximum of one year of payments made from the last service date.

Warranty

We make no representations or warranties as to the parts and labour, except for those that are given by statute, except as provided below. During the manufacturer’s warranty period, the manufacturer is responsible for items covered under their express or implied warranties. Subject to you carrying out your obligations under this Maintenance Plan Guide and Agreement and subject to the limitations set out under “Liability”, we will pay for repair expense not covered by the manufacturer’s warranties and covered by your Plan and, if your Plan has expired, we will warranty our parts and labour for 90 days after the date of the repair. We are not a manufacturer of the parts and we are not making any warranty or guarantee in respect of the parts, the supplier or the manufacturer. Any warranties or guarantees provided under applicable legislation are hereby excluded to the extent permitted by law.

EXCLUSIONS

General Exclusions

Your 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 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, the Heating Unit or Cooling Unit has been turned off, 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 Plan, lack of reasonable maintenance, heating, cooling, appliance, electrical or plumbing or drains system breaking down.

Flushing of the heat exchanger and additional cleaning that is required due to insufficient or improper maintenance prior to joining the Plan or as a result of building renovations, fire or flood are excluded from coverage under the Plan. If required, these services will be charged to you at our standard labour rate plus applicable taxes at the time of repair. Boiler system drainage and refill are excluded from Plan coverage.

We reserve the right not to provide coverage for certain types, brands or models of equipment. If your Plan covers only one unit of equipment and we exercise our right not to provide coverage for such equipment, we may cancel your Plan. If you have no prior service completed under your Plan, we will issue a refund up to a maximum of two years of payments made. If you have had service under your Plan, we will issue a refund up to a maximum of two years of payments made from the last service date. Redecoration and restoration costs: The costs of redecoration and restoration costs required as a result of any work performed in connection with the Plan are not covered. This includes wall-coverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, counter tops, landscaping or repair of any structural or cosmetic defects.

Your Plan does not cover: parts, components not specifically listed in this Protection Plan Guide and Agreement or that relate to a manufacturer’s recall, providing for or closing access to covered items, except as noted in this Protection Plan Guide and Agreement; service or repairs of equipment that are related to inadequacy or lack of capacity, improper installation, previous repair, design or any modification to the system or appliance, unless performed by us under this Protection Plan Guide and Agreement; electronic, computerized or energy management systems or devices, such as “Smart House” service, maintenance, repair, or replacement necessitated by any loss or damage resulting from any cause other than normal usage; loss or damage due to chemical or sedimentary build-up, misuse or abuse, unauthorized repair by others, failure to clean or maintain the equipment; rust, corrosion, insect infestation, mould, mildew or bacterial manifestations, missing parts, structural change, fire, freezing, electrical failure or surge, water damage, lightning, mud, earthquake, soil movement, windstorms, hail, theft, negligence, intentional acts, riot, accidents, pet or pest damage, acts of God, or failure due to excessive water pressure or any other perils are not considered loss or damage by normal use; parts, components, units, components and/or any subassemblies that are covered by a manufacturer’s, contractor’s, builder’s or installer’s warranty or program of reimbursement; upgrades or for the cost of construction, carpentry, or other modifications made necessary by existing equipment or installing different equipment; preventative maintenance; consumable items, including but not limited to, filters and fuses and replacement of spoiled food as a result of failure of equipment or electricity outage. Building and Zoning Code Requirements or Violations: If current building or other code violations are discovered before or during the diagnosis or repair of equipment, we shall not be required to repair or service the equipment until you complete the necessary corrective work at your own expense. If you incur additional costs or expenses in order to comply with local, provincial, or federal law, we shall not be responsible for that additional cost or expense. We are not responsible for service or repair of equipment when permits cannot be obtained and we will not pay any costs relating to permits.

Hazardous Materials – We shall not cover service involving hazardous or toxic materials, asbestos, lead or the disposal of refrigerants or contaminants.

Personal Information

We make no representations or warranties as to the parts and labour, except for those that are given by statute, except as provided below. During the manufacturer’s warranty period, the manufacturer is responsible for items covered under their express or implied warranties. Subject to you carrying out your obligations under this Maintenance Plan Guide and Agreement and subject to the limitations set out under “Liability”, we will pay for repair expense not covered by the manufacturer’s warranties and covered by your Plan and, if your Plan has expired, we will warranty our parts and labour for 90 days after the date of the repair. We are not a manufacturer of the parts and we are not making any warranty or guarantee in respect of the parts, the supplier or the manufacturer. Any warranties or guarantees provided under applicable legislation are hereby excluded to the extent permitted by law.

Technician Safety

No service or repairs under the 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 Plan with no refund.

Governing Law

This Maintenance Plan Guide and Agreement is governed by and construed in accordance with the laws of Ontario and federal laws of Canada applicable therein.

Entire Agreement

This Maintenance Plan Guide and Agreement, 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 Protection Plan Guide and Agreement, this Maintenance Plan Guide and Agreement takes priority to the extent of such conflict or inconsistency.

Assignment

We may assign any or all of our rights and obligations under this Maintenance Plan Guide and Agreement or pledge the Maintenance 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

Notice We can provide notice to you by phone or by e-mail. If the e-mail addresses which you have provided us changes, 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 Maintenance Plan Guide and Agreement if we are prevented from doing so by events or circumstances beyond our control.