If you have any questions, please call 800-309-2120
Terms and Conditions 1. General. These terms and conditions (this “Agreement”) govern the Emerald Highland Inc. home warranty program (the “Program”). By signing up for the Program, you acknowledge that you have read, understood and agree to the terms of this Agreement and you acknowledge that you have been provided with an express opportunity to accept or decline this Agreement and to correct errors. This is not an insurance policy. 2. Definitions. In addition to defined terms in this Agreement, the following definitions apply: (a) “Customer”, “you”, and “your” refer to the customer listed herein. (b) “EH”, “us”, “we” and “our”, refer to Emerald Highland Inc. and its successors and assigns. (c) “Appliance(s)” means the single appliance, or single forced air central heating and cooling systems specifically listed on this Agreement. (d) “Servicer” means the servicer in the Company's network. (e) “Parts, Repairs or Components” means the mechanical or electrical parts of those appliances protected under this Agreement. (f) “Service Plan or Plan” means the service plan provided to you under the Program. 3. Services Provider. In the event of an electrical or mechanical failure of any of the covered items set forth in this Agreement, we will arrange for the services of a qualified services provider (the “Company”) to repair or replace those items or components thereof or to provide maintenance services, subject to the terms and conditions of this Agreement. We have sole authority to select the Company. EH is not responsible or liable for any repairs, replacements, or services provided by the Company to you or in your property. The Program is managed and administered by EH. All services will be provided and performed by the Company. 4. Coverage Terms. (a) Coverage. The Program will cover the cost to repair, replace, or service the items in your home (the “Property”) set forth in this section. If any of the covered items become inoperable or damaged during the term of this Agreement as a result of an electrical or mechanical failure, you must notify us immediately. Your coverage is subject to the conditions and limitations set out in this Agreement. Please read this Agreement. The Company will determine the coverage of any claim. Please contact us at 1-800-309-2120 or info@emeraldhighland.com for all repair, replacement, or maintenance services. We may choose to replace a covered item rather than repair it or provide you with a cash payment for the purchase of a replacement item. The amount of the cash payment will be established by us and/or the Company at our discretion. Any replacement item must be installed in the Property and will be subject to coverage under the Program. (b) Description of covered items. Appliances protected are the following (1) air conditioner, (2) furnace/air handler, (3) dishwasher, (4) washer, (5) dryer, (6) refrigerator, (7) cooktop, and (8) oven. (c) Additional Appliances. If there is more than one of any given type of protected Appliance on the Property (for example, two refrigerators), an additional monthly fee is required to protect each additional Appliance. If the protected property has more than one heating/cooling system, and you fail to add it to the Plan or specify a preference prior to enrollment, the Plan will protect the unit that heats/cools the kitchen by default. (d) Service response time. Weather conditions and workload will govern Servicer response time. The Company has the sole discretion in determining what constitutes a valid emergency. In most cases, only furnace repairs which involve the potential for freezing pipes is an emergency. (e) What the plan covers. The Company will provide repair and maintenance service on your Appliances to restore the Appliance to normal operating condition as a result of electrical or mechanical component failure. Any part necessary for the normal operation of your Appliance that is contained within the sheet metal body of your Appliance is protected by this Plan. There is a sixty (60) day waiting period before you are eligible to receive Repairs on the Appliances under this Plan, or to receive routine maintenance on your heating/cooling system. The Plan limits preventive maintenance calls to one every other year. You will be given a unique authorization number for each Appliance each time work is needed. (f) What the plan does not cover. (1) Abnormal or Unsafe Conditions. The Company reserves the right to refuse service if the first Servicer called to your residence determines that one of the following conditions exist: Appliance is not located in the residence, Appliance is unserviceable, unsafe working conditions, does not meet installation codes, not in working order prior to the effective date, repair could cause an unsafe condition, it is not used for its designed purpose, damage caused by animals or humans, fraud/abuse of this Plan or the damaged Part is cosmetic and provides no functional value to the Appliance. (2) Situations Normally Covered By Your Homeowners Policy. The Company will not pay for repairs or damage caused by floods, fire, lightning, power surges, theft, power/water supply outages, natural disasters, acts of God, civil disobedience, war, or from secondary damage resulting from an Appliance failure. (3) Uneconomical. The Company may refuse to repair an Appliance if in its sole discretion believes it is uneconomical to make the repair or if the protected part is not repairable. (4) Appliance of Final Use. The Company will not pay for the repair of Appliances located at the end, or in-between, the respective wiring or piping systems. For example, sprinkler systems, water softeners, toilets, sink faucets, light fixtures, and ceiling fans are not protected. Repairs to grass, sidewalks, sheet rock, floors, ceilings and other structural components are not part of this program. (5) Ductwork. Ductwork, and the corresponding humidifier and air filters located inside the ductwork, are not part of this program. (6) No prior authorization. The Company shall not pay charges for labor or Parts procured by you without prior authorization by the Company. (7) Missed appointments. It is your responsibility to make and keep appointments. You are responsible for any service fees charged by the Servicer if you fail to be present for appointments and will be billed for said fees by the Company. (g) Satisfaction guarantee. If the Company decides not to repair an Appliance protected under this Plan as described above, the Company will reimburse you towards the replacement and installation of that Appliance with a new appliance based on the following schedule: $150 for the thermostat, $250 for the washer, dryer, dishwasher, range or gas space heater; $350 for the inside portion of A/C; $400 for the refrigerator or freezer; $500 for the boiler, furnace/air handler, or outside unit of A/C, $850 for any packaged unit. 5. Term. This Agreement is effective on the date of execution of this Agreement by EH and the Customer. Notwithstanding the foregoing, the coverage provided by the Program begins sixty (60) days from the date we receive the first monthly payment from you and continue for sixty (60) months, subject to renewal of the term in accordance with section 14, in accordance with the terms of this Agreement. 6. Payments. The Customer agrees to pay, on a monthly basis, the monthly amount of $67.79, which amount includes all applicable taxes. The total amount (including applicable tax) that is payable to EH under this Agreement is $4,067.32 for the entire term of this Agreement. Your monthly payment may increase to account for the increase of our costs overtime in connection with providing the Program to you, provided that such increase shall not exceed 3.5% per annum. Your monthly bill is payable on or around the 1st or 15th of each month. You may make payments by Enbridge billing, pre-authorized debit, or another payment method acceptable to us. 7. Non-payment; Late payments. If you default in making any payment when due under this Agreement, the full amount of payments owing to us under this Agreement shall become immediately due and payable. You shall pay interest on any overdue payment at the rate of 26.8% per annum and such interest shall begin to accrue from the date such overdue payment is due until the overdue payment is paid in full. 8. Enbridge. If you select the Enbridge billing option for making payments owing by you under this Agreement, you will be billed for the Program directly by EH on your utility bill. You understand that our charges will appear as a vendor administration fee or on the “Other Companies” section of your Enbridge Gas Distribution Bill. These offers and claims are made by EH alone. EH is not owned by or affiliated with Enbridge Inc. or Enbridge Gas Distribution. A late payment charge will apply to all overdue amounts on your Enbridge Gas Distribution bill, including applicable federal and provincial taxes. The late payment charge will be calculated and applied as approved by the Ontario Energy Board (OEB). The current OEB-approved late payment rate is 1.5% per month or 18% per annum (compounded monthly for an effective rate of 19.56% per annum). Your Enbridge bill is due when you receive it, which is considered to be three (3) days after the bill date. If you do not pay your bill in full by the late payment effective date on the first page of your Enbridge Gas Distribution bill, a late payment charge equal to the late payment rate multiplied by a total of all unpaid charges will be added to your Enbridge Gas Distribution Bill. 9. Pre-Authorized Debit (“PAD”) Authorization. If you select the PAD authorization for payments owing by you under this Agreement, you authorize us to debit your bank account specified below and/or as indicated in the enclosed “VOID" cheque (the “Account”) in the amount of your Monthly Payment. Monthly Payment amounts will be withdrawn from your Account on the 1st or 15th of the month. You further authorize us to debit the Account for payment in variable amounts with respect to amounts owing to us from time to time arising under or in connection with this Agreement. For certainty, this PAD agreement does not provide for the authorization of any sporadic PAD. This is a PAD authorization for the issuance of personal PADs. You may cancel this PAD agreement by providing us with at least fifteen (15) days written notice prior to the next scheduled debit from your Account by contacting us at 1901 – 5000 Yonge St, Toronto, Ontario. M2N 0A7, phone: 1800-309-2120, email: info@emeraldhighland.com. You may obtain a sample cancellation form, or further information on your right to cancel this PAD agreement, at your financial institution or by visiting www.payments.ca. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD agreement. To obtain more information on your recourse rights, you may contact your financial institution or visit www.payments.ca. Termination by you of this PAD authorization or any other payment method shall not terminate your obligations under this Agreement and upon any such termination you must make payments owing hereunder using another payment method acceptable to us. You agree to waive your right to receive: (a) any confirmation containing the details of this PAD authorization, and (b) any pre-notification of the amount of the PAD. You further agree that you do not require advance notice of the amount of PADs before the debit is processed. For certainty, as to any payment amount that is variable, you agree to waive any requirement that we provide you with pre-notification of such payment amount. 10. Security. Upon default by you under this Agreement, you grant to us a security interest in the Property and all proceeds thereof until all amounts owing to us under this Agreement have been paid in full. Subject to applicable law, you authorize, at our option, to register a notice of security interest in the applicable land titles or registry system upon such default and you agree to execute any documentation reasonably necessary to enable us to perfect our security interest and to register it on title to the premises. 11. Termination. The Customer may terminate this Agreement at any time from the effective date of this Agreement until seven (7) days after the Customer receives a copy of this Agreement, if this Agreement does not satisfy the disclosure requirements of the Consumer Protection Act, 2002 (Ontario). We may immediately terminate this Agreement if any of the following occur: (a) if the Customer fails to pay any amount owing under this Agreement when due and payable, (b) if the Customer fails to observe or perform any covenant of the Customer under this Agreement, (c) if the Customer assigns or otherwise transfers this Agreement without our prior written consent, (d) if EH is required by law to terminate this Agreement, (e) if the Company terminates the Program or otherwise ceases to provide the coverage and services under the Program, and (f) if the Company commences or institutes any application, proceeding or other action under any statute, rule or regulation relating to bankruptcy, insolvency, winding-up, reorganization, administration, plans of arrangement, relief or protection of debtors or makes a general assignment for the benefit of its creditors. 12. Acknowledgement and Representations. The Customer represents and warrants that: (a) all information provided to EH is accurate, complete and current, (b) the Customer is on title as the owner of the Property, (c) the Property is located in and the Customer is a resident of the Province of Ontario, (d) the Property is a single family residence, (e) the Property is not a rental property, commercial property, or used as a business, (f) the Customer will notify EH of any change to any information provided by the Customer to EH under or in connection with this Agreement. To the maximum extent permitted by law, EH makes no representations or warranties, express or implied, except those set out in this Agreement. 13. Amendments. We may, at our discretion, change the terms and conditions of this Agreement in respect of changing the services and warranty provided under the Program, changing the company providing the services and warranty, changing the pricing of the Program (as a result of the change of the company providing the services and warranty) or changing any other element of the terms and conditions of this Agreement from time to time, provided that we provide you with at least thirty (30) days advance written notice of such changes, which notice will contain (a) the elements of this Agreement that will be changed, (b) the effective date of the changes, (c) an update of all information required to be disclosed to you by law, (d) our contact information, and (e) an option for you to either terminate this Agreement or retain the Agreement as it exists unchanged. 14. Renewals. This Agreement shall renew at the end of the term for successive one year periods, until terminated by you or us in accordance with this Agreement, provided that (a) we will provide you with at least thirty (30) days advance written notice of the renewal before the end of the respective term, (b) the notice of the renewal will provide you with the option of (i) terminating the Agreement or (ii) retaining the existing Agreement unchanged (which would therefore result in this Agreement expiring at the end of the respective term) and (c) no changes will be made to the Agreement on renewal (other than the renewal of the term as provided in the renewal notice). The renewal will take effect on the date that is thirty (30) days after the day on which you receive the notice of renewal. Upon your receipt of a renewal notice, if you do not want to renew this Agreement and choose to terminate this Agreement, you must contact us at 1-800-309-2120 or info@emeraldhighland.com before the renewal effective date. If you do not respond to the renewal notice, this Agreement will renew in accordance with the renewal notice. 15. Change to Property. You must provide us with at least thirty (30) days prior written notice of any change in address of your Property. Upon receipt of such notice, EH will transfer this Agreement to your new address. 16. Privacy. You authorize us, our affiliates and anyone else acting for us to collect, hold, use, exchange and disclose your personal information for any of the following purposes: (a) to confirm your identity, (b) to evaluate your creditworthiness, (c) to administer and manage this Agreement, (d) to provide to our lenders or a credit bureau, (e) to provide information to the Utility or the Company for the purposes of administering this Agreement and providing the services under this Agreement, or (f) as otherwise required for the purposes of the transactions contemplated herein or as permitted by law. You have a general right to access and rectify personal information about you that we hold. All matters surrounding our collection, use and disclosure of your personal information are available to you upon written request to us. 17. Assignment. EH may assign or otherwise transfer any or all rights or obligations under this Agreement or pledge this Agreement or the proceeds from it as security for any obligations hereunder without the Customer’s consent, provided that EH may not assign or transfer any pre-authorized authorization granted by the Customer in this Agreement, directly or indirectly, by operation of law or otherwise, without providing at least ten (10) days prior written notice to the Customer. The Customer may not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of EH. 18. Limitation of Liability. The Company is solely responsible for the provision of services under the Program and, other than as set provided in this Agreement, EH does not have any obligations or liabilities to you or any other person arising in connection with or relating to the Program. To the extent permitted by law, in no event shall EH or any of its representatives be liable under this Agreement to the Customer or any third party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, whether arising out of breach of contract, tort (including negligence), any other theory of liability or otherwise, regardless of whether such damages were foreseeable and whether or not the Customer was advised of the possibility of such damages. To the extent permitted by law, to prevent the publishing of libellous content in any form, your acceptance of this Agreement prohibits you from taking any action that negatively impacts EH or any of its representatives and, upon violation of this prohibition, we may exercise any right or remedy entitled to us under applicable law and this Agreement. 19. Governing Law; Submission to Jurisdiction. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario, which shall have non-exclusive jurisdiction over any matter arising under this Agreement. 20. Miscellaneous. Entire Agreement. This Agreement is the entire agreement between us and you relating to its subject matter. You agree that there are no verbal or other written documents which modify the terms of this Agreement in any manner. Waiver. No waiver by us will affect the exercise of any other rights or remedies we have under this Agreement. Any failure or delay by us in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver by us of that right or remedy. Severability. The invalidity or unenforceability of any particular term of this Agreement will not affect or limit the validity or enforceability of the remaining terms. Copy of Agreement. The Customer acknowledges receipt of a copy of this Agreement. Binding Effect. This Agreement enures to the benefit of and binds the parties and their respective heirs, trustees, executors, administrators, and other legally appointed representatives, successors and permitted assigns. Emerald Highland Inc. 1901 – 5000 Yonge St, Toronto, Ontario. M2N 0A7 Phone: 1-800-309-2120 Email: info@emeraldhighland.com Website: www.emeraldhighland.com
