Efficiency Home Care Maintenance Plans Policy And Agreement

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1. Non-Refundable and Non-Cancellable: All transactions for the warranty plan are final, non-refundable, and non-cancellable under any circumstances. Except as required by applicable consumer protection laws.
2. Warranty Obligation: The customer is contractually obligated to make 36 monthly payments (3 years) for warranty coverage. Early cancellation requires a $500 fee, payable in full before the agreement is nullified.
3. Binding Agreement: This agreement becomes binding and enforceable upon purchase
4. Change of Ownership: If the property is sold or ownership changes, the customer remains responsible for fulfilling all obligations under this agreement or securing a written transfer of responsibility to the new owner, subject to approval by Efficiency Home Care.
5. Failure to Pay: Any missed or late payments will result in a $75 administrative fee per incident, in addition to any applicable legal or collection fees. 
6. Automatic Payment Authorization: The customer agrees to authorize automatic payments for the monthly warranty fees. Failure to maintain valid payment details may result in suspension of services and additional administrative fees.
7. Customer Obligations: The customer agrees to:
   • Maintain all installed equipment in accordance with Efficiency Home Care's recommendations.
   • Notify Efficiency Home Care in writing of any changes to contact details, payment information, or property ownership.

1. Force Majeure: Efficiency Home Care is not liable for delays or non-performance caused by events beyond its control, including but not limited to natural disasters, supply chain disruptions, or governmental actions. However, the customer’s payment obligations remain intact.
2. Non-Transferable Benefits: The warranty and its associated benefits are non-transferable without prior written consent from Efficiency Home Care. Any unauthorized transfers render the warranty void.
3. Indemnification: The customer agrees to indemnify and hold Efficiency Home Care harmless from any claims, damages, or liabilities arising from the use, misuse, or inability to use the installed equipment or warranty services.
4. Assignment: Efficiency Home Care reserves the right to assign, transfer, or sell this warranty contract, in whole or in part, to any third party, including but not limited to another service provider, warranty company, or financial institution, without the prior consent of the customer. In the event of such assignment, all rights, obligations, and responsibilities under this contract will be assumed by the assignee, who will be bound by the same terms and conditions herein.
5. Limitation of Liability: Efficiency Home Care’s liability is limited solely to the services outlined in this agreement. Under no circumstances shall Efficiency Home Care be liable for incidental, indirect, or consequential damages.
6. Service Call Limitation: Customers enrolled in this warranty maintenance plan are entitled to one (1) free service call per calendar year, which includes their annual inspection and maintenance check. Any additional service calls within the same calendar year will be subject to a $250 service call fee, payable at the time of scheduling. In addition, travel fees may apply, which will be determined based on the service location and disclosed at the time of scheduling. These fees are separate from the service call fee and must be paid before the service appointment is confirmed. Failure to pay applicable service fees may result in the suspension or termination of coverage under this maintenance plan.
7. Dispute Resolution: All disputes arising from this agreement shall first be resolved through mediation. If mediation fails, disputes shall be resolved through binding international arbitration.
8. Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
9. Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Acknowledgment of Terms: By signing or submitting payment, the customer acknowledges that they have read, understood, and agreed to all terms and conditions stated herein and waives their right to cancellation, refund, chargebacks, or other forms of refunds.
11. Electronic Signature and Consent: The customer agrees that an electronic signature or payment constitutes acceptance of all terms outlined in this agreement.

• Priority Service: Warranty holders receive expedited scheduling for maintenance services.
• Annual Checkup: Includes one annual system checkup, if applicable (cost of materials used in maintenance is not included).

This plan does not cover the following:

1. Improper Use or Neglect: Damage caused by misuse, neglect, accidental damage, or failure to follow Efficiency Home Care’s maintenance recommendations.
2. Covering Repairs: Non Consumable or Consumable items (e.g., filters, batteries, refrigerants) 
3. External Factors: Maintenance needed due to external factors, including but not limited to power surges, floods, fires, lightning, or any other acts of nature.
4. Unauthorized Service: Repairs or maintenance performed by technicians or companies not authorized by Efficiency Home Care.
5. Tampering or Alterations: Any tampering, unauthorized repairs, or alterations to the equipment will void the warranty, and require contract payment in full
6. Pre-Existing Issues: Pre-existing damage or defects identified prior to the installation of the equipment.

To maintain maintenance eligibility, the customer agrees to:

1. Timely Payments: Ensure all monthly payments are made on time as specified in the agreement.
2. Proper Maintenance: Perform routine maintenance as recommended by Efficiency Home Care, including cleaning, filter and system inspections.
3. Authorized Repairs Only: Use Efficiency Home Care or authorized technicians for all repairs and maintenance.
4. Immediate Notification: Report any issues with the equipment within 14 days of noticing a problem.
5. Access to Equipment: Provide safe and reasonable access to the equipment for inspection and maintenance

To file a claim under this warranty, the customer must:

1. Contact Efficiency Home Care: Notify the company by phone or email within 3 days of identifying a problem.
2. Provide Documentation: Submit proof of timely payments, maintenance records, and a description of the issue.
3. Allow Inspection: Permit Efficiency Home Care to inspect the equipment.
4. Pay for Recommended Repairs: For any repairs needed, the customer will be responsible for all associated costs.
   

Claim Rejections: Claims will be denied if:

• The customer fails to provide proof of timely payments or required maintenance.
• The issue falls under an exclusion as outlined above.
• The equipment has been altered, modified, or repaired by an unauthorized party.