It is your responsibility to familiarize yourself with this Agreement prior to allowing our technician to begin work. Allowing our technician to commence service constitutes acceptance of this Agreement in its entirety.
Estimates remain valid for 5 days. Any payment by the customer (be it deposit, parts and/or labor, etc.) constitutes acceptance of the estimate and agreement to all of the provisions of these Terms and Conditions. When the estimate is accepted, your credit card will be stored on file and will be used for the remaining balance as soon as the repair is completed. When repair is completed, you may pay with a different credit card or use alternative payment options.
All appointments are set, based on the earliest availability, between 9 am-and 5 pm. An after-hours appointment might be available. We will assign 4 hours window a day before the service and request your confirmation by email and/or text and/or phone call. If you fail to confirm the appointment, we cannot guarantee the service. Part installation appointments will not be scheduled until part(s) have arrived.
A customer can request a service call to the job by a qualified technician. It will be billed from the time technician leaves the office to travel to the job and the time required to analyze the problem (not including the repair). A service call fee will also be charged in cases where a customer does not wish to proceed with the job for whatever reason (e.g., it costs more to repair the unit than it’s worth). It will be waived if the customer decides to accept our quote, pay a deposit and have us perform the job. A service call fee is non-refundable. The customer will be responsible for the service call fee if the problem is caused, or possibly caused by a source other than the appliance itself: installations issues, plumbing issues, electrical issues, venting duct clogged, or any other issue not related to the appliance.
The customer shall provide suitable parking. Our technician will cancel the service if parking is not available on streets with Restricted Permit Parking only. In this situation, trip charges may be billed to the customer.
The repair cost is based on the job, not on the time the repair takes to perform.
We need be given at least 12 business hours’ notice from the beginning of the appointment if you want to cancel or reschedule your appointment.
For example, if your appointment is between 12pm-4pm, we must be notified before 9am the day before. If you are calling after hours, please DO NOT LEAVE A VOICEMAIL.
A service call can be cancelled only with a live agent and a cancellation code will be provided to you over the phone. Failure to comply with our cancellation policy will result in a reduced service call of $129.99CAD + tax.
Payment must be made within 24 hours of the original appointment. A cancellation fee will be billed to customers who cancel late, cannot be reached, or are not at home at the scheduled service time. Call as soon as possible if you cannot keep an appointment.
The repair is considered completed if the customer paid for it in full and/or signed the acceptance form or an invoice. Payment of services in full will also indicate the customer has reviewed and tested the appliance and the service is completed to their satisfaction. We offer no refunds on completed or ongoing repairs. Repair also considered completed after technician finishes a job and have checked for appropriate finish. Including but not limited to obtaining proof of work, such as keeping swapped parts, and/or photos and/or videos of completed work.
Customer agrees to release “Quality Appliances Repair”, “13020452 Canada Inc.” Repair and Installation Services. its owners, employees, technicians, and contractors from any and all liability, express and implied, arising out of damages and expenses of any kind resulting from the repair of the customer’s appliance(s).
a) Somebody 18 years of age or older must be present at the time of service.
b) Customer must have a valid form of payment readily available at all times during the technician’s scheduled visit. We do not accept cheques.
c) Technician must have unrestricted easy access to the appliance, without interference from children, pets, and other distractions. Dismount the washer and dryer, if stacked, and empty the appliances.
d) Customer shall not smoke cigarettes near technician.
All work will be paid for upon completion of the job unless credit arrangements have been made prior to the original service call. All amounts overdue will incur a late fee of 2.5% per month or the highest rate allowed by law, whichever is smaller. You agree to pay all collection expenses including, but not limited to attorneys’ fees. We also may charge outstanding balance to the same payment method which was used for a deposit after completion of work. If payment is overdue for more than 30 days, the overdue amount will be referred to the collection agencies, which will be reported to a credit reporting agency (Transunion, Equifax). According to the Construction Act in Ontario, we may file a property lien against the premises, until final payment will be received.
Our standard install charge covers the removal and/or installation of an appliance, without the need to disturb/remove any other fixture. Repair or modification of gas, water, ventilation or electrical systems is not included. We do not verify regulatory compliance of such systems; it is the customer’s sole responsibility. The installation charge quoted does not include the cost of materials such as vent hoses, water lines, gas lines, hoses, fittings, etc. If a second person is required to install an appliance (e.g., stacked washer and dryer), such an additional person will be billed extra. A service call fee will be charged if the installation cannot proceed during the scheduled time.
We only use original parts or better. If the parts we use fail during the warranty period, we will pay for replacement parts but you will have to pay the shipping and handling fees. If parts fail due to normal wear and tear outside of the warranty period, we will charge our regular rate for replacement parts and labor. Shipping or handling is non-refundable. Electrical or special-order parts cannot be returned. Parts policy available at www.qualityappliancesparts.ca
We are not responsible for any work that is not performed by us, even if a customer followed our recommendations.
Our 30 to 90-day warranty covers only the same problem that we attempted to repair. It does not cover any other problems, repairs performed by others or if malfunction was not because of our errors (e.g., weather damage, pets). This warranty is exclusive to customer and cannot be transferred to anyone else. Void in case of improper appliance usage, maintenance and relocated appliances. A service call will be charged if service technician is dispatched more than once to address the same warranty issue but cannot find a defect or it turns out to be outside of warranty. We reserve the right to decide whether it is best to not offer a warranty. If our technician investigates the malfunction(s) and finds secondary issue(s) unrelated to the workmanship performed by our technician, we will and provide you with a quote on the cost(s) associated with the repair. No refund will be issued on labor or parts already provided. Partial refunds can be offered at our discretion. No warranty on damage caused by external problems or interference by anyone else (other than our technicians) sensing or tampering with the repair.
We shall not be liable for any amounts that exceed our service fees collected from the customer. IN NO EVENT WILL EITHER PARTY TO THESE TERMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY IN CONNECTION WITH THESE TERMS AND CONDITIONS. THE WARRANTY SET FORTH IN THESE TERMS IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This repair will be made for due consideration. I confirm that this repair will be paid for by the manufacturer warranty / extended warranty / service agreement. I agree that my liability for the cost of this repair is not waived and agree to be personally responsible for the cost of this repair in the event the manufacturer / service contract company / extended warranty provider fails to pay any portion of the full amount of these charges based on warranty limitations (it is your responsibility to families with the manufacture/ extended warranty / service agreement warranty limitation), or if the warranty provider fails to pay any portion of the full amount of these charges based on warranty limitations, or if the warranty provider fails to make payment. In the event that I am directly billed for all or a portion of the cost of this repair, I agree that I will remit said charges within 10 days of the billing date, as well as the reasonable cost of collection, including any attorney fees.
We are not responsible if damage is caused by.
a) Moving the appliance. Technician is not required to move the appliance but, if he or she agrees to do it for you, we cannot be held liable for resulting damages.
b) Water leaks. You understand the risks inherent in working on appliances connected to building’s plumbing system. Accordingly, we shall not be liable for unintended leakage and flooding.
c) Defective cooling.
d) Lifting glass cook top to access parts under it can result in breakage for which we will not be liable.
We reserve the right to refuse service to anyone using our reasonable discretion, particularly in cases of disrespectful or disruptive customers, danger to technician. A service call fee can be charged for services refused due to customer’s fault.
All owners, employees, technicians and contractors from “Quality Appliances Repair” Repair and Installation Services are may be tracked via GPS by our office and could use digital/action cameras attached to their body, vehicle and other personal stuff for personal security. In case of any disputes, life threatening actions, etc. Recordings will be forwarded to an authorities from a private cloud, where videos being uploaded in live while owners, employees, technicians and contractors being on shift.
TERMS AND CONDITIONS, PRIVACY POLICY – available at https://qualityappliancesrepair.ca/term-conditions/
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Quality Appliances Repair, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
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 Terms & Conditions 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 canceled. 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 Terms & Conditions.
If you purchased one of our Maintenance Plans, the entire Plan will be canceled. 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 canceled 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 canceled 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 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 labor covered by the Plan must be provided by our authorized technician. We cannot reimburse you for parts and labor 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 not 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 labor, 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 policy 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 labor for up to 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 labor 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 maintenance plan Agreement or that relate to a manufacturer’s recall, providing for or closing access to covered items, except as noted in this maintenance plan 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 labor, 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 labor for up to 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 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 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 Agreement, this Maintenance Plan 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 Agreement or pledge the Maintenance Plan 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 / text 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 and cell number.
Force Majeure
We are not responsible for failing to perform our obligations or for any loss to you under this Maintenance Plan Agreement if we are prevented from doing so by events or circumstances beyond our control.
