The IoT Surety Agreement comprises of an IoT Equipment Agreement that covers the equipment required to deliver on the services under the Surety, which such services are set out in the Extended Warranty and Services Agreement.
IoT EQUIPMENT AGREEMENT
1. Commitment. “Our”, “us” “we” or “Hwisel” means Hwisel Soft Inc. for customers in Canada or Hwisel LLC for customers in the United States of America (USA). Our commitment to you, our customer, (“you”, “your” or “customer”), is to provide you with a reliable, trouble-free equipment in accordance with this Agreement (the “Agreement”). The equipment (“Equipment”) you received from us, as further defined by the plan you selected (the “Plan”), is backed by Hwisel to the extent provided in this Agreement.
2. Term. The term of this Agreement commences on the date you purchased the Plan (as indicated by the date of your online enrollment). The term of this Agreement ends if this Agreement is terminated by you or us in accordance with its terms (which, for greater certainty, includes you exercising your buyout option in accordance with the terms of this Agreement) or when the useful life of the Equipment has ended. The useful life of the Equipment ends when Hwisel or its authorized service provider determines, having regard to the relevant factors, including without limitation, the age of the Equipment and the cost of any repairs to be made to the Equipment, that it is no longer commercially reasonable to repair the Equipment. For greater certainty, you do not have any right to subsequently request different Equipment than the one you subscribe from us under this Agreement.
3. Our Obligation to You. Our obligation to you is to service and repair the Equipment with no service charges or parts replacement charges except in the following circumstances:
a) if you (or a third party not authorized by us) alter, modify, adjust, damage, service, repair, move or disconnect, the Equipment;
b) if service or repairs to the Equipment are necessary because the Equipment was used for an unintended or unauthorized purpose, including non- residential purposes;
c) for service charges or parts replacement related to the use of load control devices, peak savings, load timers and all other energy saving devices; or
d) if you fail to notify us as described below under “Customer Obligations - Duty to Maintain”.
4. Customer Obligations. In return for fulfilling our obligations to you, you agree that:
a) Charges – The rate on the date of this Agreement for your monthly charge is indicated at the time of your online enrolment. You will be responsible for paying charges from the date the Equipment is installed or, if you purchased the premises after the Equipment was installed, from the closing date of the purchase. We may increase our rates on each calendar year by a percentage up to five (5%) percent.
b) Payment of Charges – You will pay your charges billed under this Agreement when due. You agree to pay State, local, Provincial, and Federal taxes applicable and any other taxes payable in connection with this Agreement. Your charges may be included on your utility bill, or we may choose to bill you separately or through our service provider. Acceptable methods of payment, which currently include pre-authorized payment (ACH)(PAP), payment by cheque, by Visa or Mastercard, by telephone or in person, will be set out on the bill you receive. Should any payment be returned for non-sufficient funds (“NSF”), you agree to pay an NSF charge of $25.00. A late payment charge will apply to all overdue amounts on your bill, including applicable federal and provincial taxes. The rate for late payment charges is 1.5% per month or 18% per year (for an effective rate of 19.56% per year). Your bill is due on the date indicated on the bill.
c) Access – You will provide us with timely access to the Equipment whenever required by us to perform our obligations or exercise our rights under this Agreement.
d) Safety – You will use the Equipment safely and responsibly. In particular, you will:
i) ensure that no combustible, hazardous or flammable materials are used or stored in the same room as, or near, the Equipment;
ii) ensure that the Equipment is not confined in a location where it is difficult to service or remove or where there is inadequate ventilation;
iii) provide us with access to the Equipment whenever reasonably required for purposes of inspection, repair, maintenance or removal; and
iv) not permit anyone who has not been authorized by us to service, repair, modify, alter, adjust, move or disconnect the Equipment.
e) Ownership, Credit and Security Interest. You agree that:
i) if more than one customer is named on the account, each of you is individually liable, and all of you are collectively liable, for all obligations imposed on you by this Agreement;
ii) during the term of this Agreement, the Equipment remains our property, does not become a fixture, and you will not tamper with any tag(s) or sticker(s) identifying the Equipment as subscribed equipment or that it is owned by us;
iii) we may inquire about your credit history and, if necessary, use the personal information you have provided to us to do so. For greater certainty, you authorize any credit reporting agency to give us credit or other personal information about you from time to time during the term of this Agreement. You can withdraw this authorization at any time. If you do or we are not satisfied with the results of any credit check, we may end this Agreement and the provisions of “Termination - Termination by Us” will apply;
iv) you will promptly inform us of any change in your: (a) mailing address at least 30 days in advance of such change; and/or (b) if previously provided, bank account or credit card information promptly after such change is made;
v) this Agreement is binding upon and will enure to your heirs, personal representatives, successors and permitted assigns; and
vi) we may register, at your expense, our interest in the Equipment against you and/or against title to the premises. To the extent permitted by law, you agree to waive any right to receive a copy of such registration and appoint us as your lawful attorney for the purpose of doing any such registrations. You agree that the Equipment will remain personal property even though it may become affixed to the premises. You agree to keep the Equipment free of all liens, security interests, mortgages and other claims.
5. Sale of your Home – If you sell or otherwise transfer the premises, you are required to inform the transferee, at or before the effective date of the sale or transfer, of the existence of this Agreement and the Equipment installed in the premises. We will permit the transferee to assume your rights and obligations under this Agreement, effective from the date of sale or transfer; provided that:
a) you or your representative notify the transferee in the sale or transfer agreement that the Equipment is subscribed and is subject to this Agreement;
b) you or your representative advise us in advance of the transferee’s name and the intended date of sale or transfer;
c) you or your representative advise us in advance of the address and telephone number where you can be contacted after the date of sale or transfer;
d) Upon approval by us, the transferee agrees in writing or by conduct to assume your obligations under this Agreement; and
e) you have paid us all amounts owing under this Agreement.
Unless and until these conditions are satisfied, or unless Hwisel otherwise waives any or all of these conditions, which we are under no obligation to do, you will remain responsible for the Equipment and your obligations under this Agreement, including making all payments. You hereby authorize us to respond to information requests relating to your account made by or on behalf of the transferee.
6. Warranties and Liability.
a) Warranties – We make no representations, warranties or conditions as to the performance of the Equipment except for those which are given by statute and which you cannot waive and except any express warranties provided by the manufacturer of the Equipment, except as provided below. Subject to you carrying-out your obligations under this Agreement (including those under “Customer Obligations”) and subject to the limitations set out under “Liability”, we hereby warrant that the Equipment will work for the term of this Agreement, reasonable wear and tear excepted. We are not the manufacturer of the Equipment and we are not making any warranty or guarantee in respect of it, the supplier or the manufacturer of the Equipment, including whether the Equipment is suitable for you, except as provided above. Any warranties or guarantees provided under applicable legislation are hereby excluded to the extent permitted by law.
b) Liability – Except as otherwise expressly provided in this Agreement, we will not be liable for any loss, damage or injury of any type (including as a result of water leakage or any electrical or natural gas related events) arising out of or related to this Agreement or caused or contributed to in any way by the supply, installation, use and/or operation of the Equipment. We shall not be responsible for any indirect, incidental, special or consequential damages, even if reasonably foreseeable. If we are unable to perform any of our obligations under this Agreement because of circumstances or events beyond our control, we shall be excused from the performance of such obligations for the duration of such circumstances or events and we shall not be liable to you for such failure to perform.
c) Indemnity – You will indemnify us from all claims, losses and costs that we may suffer or pay or may be required to pay, including legal expenses, in connection with this Agreement, including its termination or enforcement, or the supply, use and/or operation of the Equipment including any claims against us for any injury or death to individuals or damage to property, including from your negligence or misuse of the Equipment. This obligation survives the termination of this Agreement for any reason.
d) Insurance – During the term of this Agreement, you are responsible for any loss or damage to the Equipment from any cause, whether or not insured, until all of your obligations under this Agreement have been fulfilled.
7. Personal Information About You. You authorize us to collect and use personal information about you. You authorize us to collect the personal information provided by you and to review information about your Hwisel bill payments or, if you are billed by your gas utility, you authorize your gas utility to provide us with any charges and payment information. You authorize us to provide your credit and payment history to the credit bureau(s) we deal with. Other than to our authorized service providers and parties that will provide us with credit information, we will not knowingly share this information with third parties without your permission, other than a party to whom we transfer, assign, encumber or otherwise dispose of this Agreement or the Equipment.
Termination by Us- If you fail to meet any of your obligations (including payment obligations) set out in this Agreement, you agree that we may terminate this Agreement and bill you for the applicable buyout price and on the other terms set out below under “Termination – Termination by You”. You agree to pay the buyout price when invoiced by us.
Termination by You – Your sole method of terminating this Agreement prior to the end of the useful life of the Equipment is to purchase the Equipment. You may purchase the Equipment at any time for a buyout price that reflects, among other things, the unpaid cost of the Equipment and related installation, finance and servicing costs, which buyout price can be found on our website for the applicable Equipment or category of Equipment. You can also confirm the buyout price by calling Hwisel at the number below or on our web site. You may exercise your buyout option by notifying us in writing or by calling Hwisel.
When you exercise your buyout option, you accept the Equipment in an “as-is” condition, subject to the balance of any transferable manufacturer’s warranty, and you assume full responsibility for the Equipment and its repair and maintenance. You also agree to pay the buyout price when invoiced by us. Once payment has been received for the buyout price, and no other amounts are outstanding pursuant to this Agreement, this Agreement will end for the Equipment and, as set out more particularly below in the section called “End of this Agreement”, you will have no further obligation to pay subscribe and we will have no further obligation to you.
9. End of this Agreement. At the end of this Agreement (for whatever reason):
a) Subscribe – you are not obligated to subscribe, and we are not obligated to supply replacement equipment (including the Equipment), unless we mutually agree at the time and enter into a new Equipment agreement.
b) Removal and Disposal – if the Equipment has reached the end of its useful life and we are not installing replacement Equipment, you shall at such time own the Equipment, and if you wish for us to disconnect and/or dispose of the Equipment, you must contact us to make such arrangements. We will charge you in accordance with our then current fee schedules for removals or disposals.
c) No Further Obligations – you will have no further obligation to subscribe (other than amounts owing prior to the end of this Agreement) and, subject to any statutorily mandated requirements, we will have no further obligations of any kind or manner to you.
10. Assignments. We may transfer, assign, encumber or otherwise dispose of all or any part of our interest in this Agreement and/or the Equipment to another party at any time without notice to you and without your permission. To the extent permitted by law, you will not assert against any transferee any claims, defences, set-offs, deductions or counter-claims which you may now or in the future be entitled to assert against us. Except as otherwise provided in this Agreement, you may not transfer, assign or encumber all or part of your interest in this Agreement or the Equipment without our prior written consent (see the section called “Sale of your Home”).
11. Invalidity of Provision. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, such provision shall be severed and the remainder of this Agreement shall continue to remain in full force and effect subject to such modifications as may be necessary to carry out the provisions and intent of this Agreement.
12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and federal laws of Canada applicable therein when entered into by a customer living in Canada. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware and federal laws of United States of America applicable therein when entered into by a customer living in the USA.
13. Entire Agreement and Amendments. You understand that this Agreement 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 in this Agreement. This Agreement may be amended from time to time by us by notice in bill inserts, by letter or by any method permitted by law in which case you will have the option to not accept such amendment and retain this Agreement unchanged.
14. How to Contact Us. You may contact us as follows:
130 Queens Quay East,
West Tower, Suite 518,
Should we update the information above, the current contact information can be found on the Hwisel website at www.Hwisel.com.
15. Acceptance. This agreement is subject to acceptance by Hwisel Soft Inc. for Canadian customers and Hwisel LLC for customers in the United States of America. Acceptance is deemed to have been made when the equipment is installed.
16. USA MANDATORY ARBITRATION PROVISION. Unless you make written application to Hwisel and Hwisel agrees in writing to allow you to bring a small claims lawsuit against Hwisel solely in your individual capacity, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
17. USA CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
EXTENDED WARRANTY & SERVICE AGREEMENT
Hwisel iot Surety Plan covers:
- Water leaks associated with the appliances and plumbing fixtures.
- Residential natural gas furnace, boiler, space heater, air handler, or primary heat source fireplace (the “heating unit”).
- Heat pumps, equipment using conversion burners, the conversion burner itself and ductless, wall unit, heat pump and high velocity units are not eligible for coverage.
- Cooling Plan covers a residential electric powered central air conditioning unit (the “cooling unit”).
- Natural gas powered, ductless, wall unit, heat pump and high velocity air conditioning units are not eligible for coverage.
- Water heater, tank type, tank-less.
- Kitchen appliances and Laundry appliances.
Equipment serving more than one dwelling unit is not eligible for coverage.
HEATING PARTS COVERED. THE FOLLOWING IS A COMPLETE LIST OF PARTS COVERED BY YOUR HWISEL SERVICE HEATING PLAN:
Gas Burner and Orifices
Automatic Gas Control Valves
Electric Ignition System
Fan and Limit Controls
Power Burner Motor
Heating Circuit transformer
Venter Motor Assembly
Roll Out Switch
Vent System Pressure Switch
Furnace Low Voltage Circuit Fuse
Automatic Vent Damper/Motor
Aqua Stat Controls
Pulley and Belt
Summer or Winter Switch
Low Water Switch
The following parts are excluded from coverage under your plan: heat exchanger, heating coil (air handler), heating sections (boiler), firebox/combustion chamber, furnace filters, low and high-water cut-off valves, and parts added on to accommodate ancillary equipment such as air conditioners, humidifiers, etc.
Replacement of the complete heating or cooling unit is not covered under any of our plans.
COOLING PARTS COVERED. THE FOLLOWING IS A COMPLETE LIST OF PARTS COVERED BY YOUR COOLING HWISEL SERVICE PLAN:
Add–on Fan Centres
Internal Copper Tubing
Low Ambient Temperature Sensor
Add-on Indoor Fan Relay
Internal Electrical Wiring
Condenser Fan Motor
The following are excluded from coverage under your plan: compressor replacements as well as repairs required within the furnace or air handler are not covered by the Cooling Hwisel Service Plan.
WATER HEATERS COVERED: ALL COMPONENTS AND PARTS, INCLUDING TANKLESS WATER HEATERS AND CIRCULATING PUMPS.
The following are excluded from coverage under your plan: Auxiliary holding or storage tanks – Noise – Fuel storage tank and energy conservation unit.
REFRIGERATORS COVERED: ALL COMPONENTS AND PARTS.
The following are excluded from coverage under your plan: Free standing freezer – Wine chillers.
CLOTHES WASHERS COVERED: ALL COMPONENTS AND PARTS.
CLOTHES DRYERS COVERED: ALL COMPONENTS AND PARTS.
RANGES/OVENS/COOKTOPS COVERED: ALL COMPONENTS AND PARTS.
DISHWASHERS COVERED: ALL COMPONENTS AND PARTS.
BUILT-IN MICROWAVE OVENS COVERED: ALL COMPONENTS AND PARTS.
Besides the specific terms listed here, coverage may be limited by general exclusions and limitations in the General Terms and Conditions. Your Plan may not cover parts, or all, of the systems listed above.
General Terms and ConditioNs
In this Agreement (together with any amendments made to it or any schedule attached to it, from time to time, referred to as “this Agreement”), (a) the words “you” and “your” refer to the Customer who signed this Agreement, (b) the word “Plan” refers to the Hwisel IoT Surety Plan purchased, (c) the word “Equipment” refers to the appliance(s) covered under the Plan, (d) the word “Re-Seller” refers to the Re-Seller named in this Agreement and (e) the words “we”, “us”, and “our” refer to the authorized Re-Seller, the service technician, the contractor, and/or Hwisel Soft Inc. as the case may be. Hwisel Soft Inc. is herein referred to as ‘Hwisel’. After you sign this agreement, the Re-Seller may transfer its rights to Hwisel.
1. LICENSED TECHNICIANS. Hwisel does not perform the repair or maintenance services under the Plan but are performed by contracts with third parties under license to Hwisel.
2. PLAN COVERAGE. Plans include warranty coverage for one year starting 30 days after this agreement is signed or from date you requested except as otherwise stated in the plan you selected. Coverage is for owned or rented residential property, not commercial property or premises converted into a business. You acknowledge receipt of a copy of this Agreement which outlines your equipment coverage under the Plan.
3. HVAC SERVICES COVERED. Subject to the Plan you select, the Plan(s) cover only repair. Repair Plans include the diagnosis and repair, replacement or adjustment, as we determine necessary, of specified parts within your “heating unit” (if your plan includes a “Heating Service Plan”) and “cooling unit” (if your plan includes a “Cooling Service Plan”) subject to the exceptions noted under the Plan. For parts and services included in the Plan, you may be protected from all labour and part replacement costs. Flushing of the heat exchanger, or additional cleaning that is required due to insufficient maintenance prior to joining any Hwisel Service Plan, or any pre-conditions are excluded from coverage and will be charged to you at our standard labour rate. Boiler system drainage and refill are excluded from any Plan coverage.
The costs to diagnose and replace any defective parts which have caused a refrigerant leak are included in your cooling Plan. However, costs of refrigerant recovery, vacuuming and refill are excluded. The Equipment must be:
. 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.
4. Replacement Parts. Any replacement parts used to repair your eligible appliance may, at our option, be new, refurbished or non-original manufacturer’s parts that perform to the factory specification of the appliance. Commercially reasonable efforts will be made to match dimensions, brand or colour. We are responsible for installing replacement of similar features, capacity and efficiency, but not for matching dimensions, brand or colour. We are not responsible for upgrades or for the cost of construction, carpentry, or other modifications made necessary by existing equipment or installing different equipment.
5. TERMINATING YOUR COVERAGE. (a) Upon signing this Agreement, you may have up to 10 days to cancel it, see Buyer’s right to cancel. We have 30 days after this period to arrange for an initial inspection of your equipment/system/appliance at our discretion. If we feel, in our sole discretion, that the equipment/system/appliance covered under the Plan fails to meet our minimum equipment condition we may terminate the Plan. You are still liable for the maintenance work performed at our standard rate. (b) If you cancel the coverage prior to the end of its term all payments outstanding will become due and payable.
6. PRE-AUTHORIZED/CREDIT CARD PAYMENTS. You authorize us to make withdrawals from the account identified in the attached sample cheque for payment of all amounts due under this Agreement. You direct the financial institution at which your account is located to debit such account for such withdrawals and such financial institution has no duty to determine whether withdrawals it debits to your account comply with such authorization. If a pre-authorized payment is not processed or is returned unpaid for any reason or if you do not make a payment when it is due, you authorize us to charge to any credit card identified on the reverse (see Customer and Co-Customer Information) all amounts due under this Agreement. Any cancellation by you of the authorizations in this Section will be effective on the 10th day following receipt by us of your written notice of cancellation.
7. AUTOMATIC RENEWAL. Your coverage under the Plan will automatically renew every year on the anniversary date which is the date you signed this Agreement. You will have 10 days to cancel the Agreement upon its renewal by giving us notice in writing that you do not wish to renew your coverage. We may cancel your renewal by providing you with prior written notice. We may change the Terms and Conditions of the Plan including the renewal price. We will notify you of any changes prior to your renewal after which the new Terms and Conditions and the new rate will take effect.
8. INDEMNITY. You will indemnify us from all losses, claims, costs, expenses, damages, actions and liabilities whatsoever, including legal fees on a solicitor and own client basis, in connection with or arising from this Agreement, any payments made under it, the parts replaced, or service performed, possession, ownership, or use of the Equipment.
9. EXCLUSIVITY. Hwisel or the Re-Seller are the exclusive service and parts provider under the Plan.
10. ASSIGNMENT. We may assign our rights and/or obligations under the Plan to a third party. Hwisel Service Plans cover your equipment and are not assignable by you.
11. REPLACEMENT PROGRAM. If repairs exceed $1,000.00 or the Customer’s heating or cooling unit require the replacement of the heat exchanger, condenser coil, or compressor and these replacement parts are not covered under the Customer’s Plan, or the unit is deemed irreparable by our licensed technician, the Customer will be provided a credit of $500 towards the purchase of a new replacement unit from a Hwisel authorized dealer. The Customer’s Service plan is transferable to the new unit(s).
12. 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 or longer depending on the Plan you select. Please contact Hwisel 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.
13. LIABILITY. Hwisel 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 our contractor does 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. Force Majeure. We are not responsible for failing to perform our obligations or for any loss to you under this Agreement if we are prevented from doing so by events or circumstances beyond our control.
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.
14. WARRANTY. We make no representations or warranties as to the parts and labour, except for those that are given by law, 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 the Plan 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. 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.
15. GENERAL EXCLUSIONS: Your Plan specifically does not cover costs 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.
We reserve the right not to provide coverage for certain repairs, 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 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.
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 the Plan Coverages and the Agreement or that relate to a manufacturer’s recall, providing for or closing access to covered items, except as noted in the Plan Coverages 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 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. Radon monitoring systems, fire sprinkler systems, and solar systems and components are not covered.
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/state, 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.
16. SHARED SYSTEMS AND APPLIANCES.
a. If the Plan is for a duplex, triplex, or fourplex dwelling, then all units within the dwelling must be covered by one Plan for coverage to apply to shared systems and appliances.
b. If this contract is for a multi-unit dwelling other, then only items contained within the confines of each individual unit are covered. Shared systems and appliances are not covered.
c. Except as otherwise provided, shared systems and appliances are not covered.
17. 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. This 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.
19. 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.
20. GOVERNING LAW. If this agreement is entered into in the United States of America then this Protection Plan Guide and Agreement is governed by and construed in accordance with the laws of the State of Delaware and the laws of the United States of America (USA), for all other countries, the laws of Ontario and federal laws of Canada are applicable therein.
a. Any provision of this Agreement that is unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective only to the extent of such unenforceability without invalidating the remaining provisions of this Agreement. The headings in this Agreement are for convenience only and will not affect the construction or interpretation of this Agreement. References to Sections in this Agreement are to Sections of this Agreement.
b. We may keep a copy of this Agreement in electronic form only.
c. You will pay us on demand interest on all amounts payable under this Agreement not paid when due, both before and after judgment, until paid, at an annual rate equal to the lesser of 19.56% per annum and the highest rate per annum permitted by applicable law, compounded monthly.
22. NOTICE. You can provide us notice as required by law. 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 changes, you will need to give us your updated e-mail address.
23. USA MANDATORY ARBITRATION PROVISION. Unless you make written application to Hwisel and Hwisel agrees in writing to allow you to bring a small claims lawsuit against Hwisel solely in your individual capacity, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
24. USA CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
Plumbing Protection Plans:
The following is a complete list of the parts in your plumbing and drain system covered by your Plumbing Protection Plan:
• Hot and cold water pipes and drainage pipes inside your home and downstream from your main water incoming water valve
• Faucet repair including replacement of washers and/or cartridges in taps and faucets
• Mechanical pop-up stoppers
• Piping repairs to your humidifier, dishwasher and refrigerator
• Outside hose bibs
• Blocked toilets, sinks, and showers
• Moving parts within the toilet tank
• Toilet flange repair
• Diagnosis of below grade waste drains or below grade rainwater drain blockages
• Primer line to laundry tub
• Mixing valves (other than those in hydronic heating systems)
• Humidifier valves
• Inspection and repair of backwater valves
• Repair of shut-off valves
The following items are excluded from coverage:
• Faucet replacement
• Mixing valves contained in hydronic heating systems
• Hands free faucet repair
• Annual or routine plumbing inspection or cleaning of drains or catch basins,
• changes to/or problems with municipal water services
• repair or replacement of other fixtures, appliances or equipment, water heaters, water softeners, water filtration systems, sceptic systems, sink basins, toilet seats, toilet tanks or bowls, bathtubs, showers, bidets, boilers, boiler piping and valves, radiators, radiator piping and valves, humidifiers, refrigerators, washing machines, dishwashers, hot tubs, swimming pools, out-building supplies, decorative garden features, rainwater downspouts or eavestroughs, weeping tiles, backflow preventers, check valves, radiant in-floor heating and Saniflo electrical units for toilets
• repairs made necessary as a result of faulty fixtures, appliances or equipment, sump pumps,
• repairs of or cleaning of blockages in blow grade drains,
• Installation of new or replacement backwater valves
• Repair or replacement of circulation pumps
• Washing machine hoses
• repair or replacement of motors, heaters, jets or related piping provided to bathtubs, hot tubs or swimming pools
• freshwater tubes and drain tubes related to appliances
• heating equipment piping/drains, or sceptic systems and their outflow pipes,
• pipe replacement required where pipe design/integrity has resulted in poor pressure (e.g. the calcification of galvanized or
lead piping or integrity problems related to hard water),
• drain piping repairs caused by improper installation or settling,
• replacement of galvanized, lead, cast iron, or non-PEX plastic piping;
• and mobile homes.
sub limits schedule
In addition to the limitations outlined in the Agreement the following applies:
· $80.00 deductible plus tax.
· Appliances must be 10 years old or less.
· $80.00 deductible plus tax.