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Protection Plan Contract Terms

SPECIFIC CONDITIONS, LIMITATIONS AND EXCLUSIONS

EXCLUSIONS

Equipment attached to the gas appliance – such as heat pump, bi-energy, air-conditioner and humidifier – and damage caused by such attached equipment are not covered by this Plan. Steam appliances are not eligible.

The repair service excludes parts not explicitly mentioned, as well as the labour required to repair or replace such parts.

This Plan does not cover defects resulting from repairs or modifications other than those carried out by Gaz Métro Plus or a person authorized by Gaz Métro Plus, an obstruction caused by snow, improper use, vandalism, fire, frost, natural disaster, loss of electric power or lack of water, flooding or any other fortuitous event. This Plan also excludes appliance start-up or shut-down; balancing and cleaning of the water systems, boiler, piping or radiators; draining of expansion tanks without check valves; purging of air from radiators; or any other plumbing, sheet metal or electrical work on the residential wiring. The optional accessories specified in the Terms of Coverage section and installed on the water circuit are only covered by the Plan if the water circuit is equipped with upstream and downstream shut-off valves. This Plan does not cover defects due to dirty or obstructed filters on the appliance. The Client is responsible for replacing the filter(s).

If the accessories installed are of higher capacity than those listed in the Terms of Coverage section of the Contract, in the event of part replacement by Gaz Métro Plus, the Client shall reimburse to the company the difference between the price of the higher-capacity replacement part and the replacement part listed in the Terms of Coverage section of the Contract, as well as the labour required for the replacement.

Gaz Métro Plus cannot be held responsible for any direct or indirect damage resulting from a delay in response, the unavailability of parts, union problems or any other
circumstances outside of its control.

This protection plan (“Plan”) is offered by Gaz Métro Plus Limited Partnership (hereafter « Gaz Métro Plus ») and covers only residential appliances approved by recognized organizations that have been installed in compliance with local and provincial standards and that are in good operating condition on the date on which the Plan comes into effect.

Gaz Métro Plus reserves the right to refuse or terminate the Plan on its first visit to the service address if the appliances subject to an application for coverage:
a) are outdated;
b) are deemed to be in poor condition;
c) are hard to access or unsafe;
d) are not the same appliances as those listed in the Terms of Coverage section of the Contract; or
e) are not the appliances mentioned by the Client when the Plan was sold on the telephone.

CONDITIONS

In the event that you sell the property at the service address, this Plan will be automatically transferred to the new owner at no charge, provided that you have paid all sums due to Gaz Métro Plus.

When a Plan is sold without an inspection, a fee may be charged on the technician’s first visit to restore the appliance to a condition eligible for the Plan. The price of the Plan may change on the technician’s visit if the protected appliances are not the same as those mentioned by the Client when the protection program was sold on the telephone. The rate will be adjusted accordingly.

In the event of a replacement of the main appliance during the term of the contract, another inspection may be required. The price of the Plan may change depending on the features of the new appliance. The rate will be adjusted accordingly.

It is understood that the rebate granted to the Customer, is applicable, was granted in consideration of compliance with the initial term of the Plan. Without limiting the other rights and remedies of Gaz Métro Plus, in case of termination of the Plan before the initial term expires, the Customer undertakes to reimburse Gaz Métro Plus for the value of the rebate granted within thirty (30) days of termination of the Plan.

The monthly invoice for services rendered under this contract shall be issued and transmitted by Gaz Métro Limited Partnership. A recovery fee of 18 % per year shall apply to any unpaid balance on the due date shown on the invoice.

RENEWAL AND CANCELLATION

In Gaz Métro Plus will provide the Customer, at latest 60 days before the contract expires, written notice of renewal. The Customer will have 30 days to notify Gaz Métro Plus that they wish not to renew, otherwise the contract will be considered renewed. As part of the renewal, Gaz Métro Plus could, on written notice, adjust the service contract rate, add coverage exclusions or exclude certain items and accessories from the coverage, in which case the Customer will be given 30 days from the applicable date of the change to refuse the change(s) or cancel the contract, without fees, penalties or indemnity, with the exception of the elapsed coverage duration.

This contract could therefore be renewed automatically under this article, under the other provisions of this contract.

The Customer may cancel the contract at any time, on written notice to that effect. The Customer shall compensate Gaz Métro Plus for any losses arising from the contract termination. Gaz Métro Plus may also terminate the Plan at any time should the Customer remain in default of any Plan obligation for a period of 10 days after receipt of a notice to this effect.

PLANNED MAINTENANCE SERVICE WHERE APPLICABLE

The planned maintenance service consists of a maintenance appointment for the natural gas appliances listed in the Terms of Coverage section of the Contract by Gaz Métro Plus or a subcontractor during the period mentioned in this section at the service address mentioned. The tasks undertaken during the maintenance appointment are explained in greater detail on the back of this contract.

Please note that the planned maintenance appointment will be made at a time determined by Gaz Métro Plus or a subcontractor. Gaz Métro Plus will contact you to set an appointment at the appropriate time. From October 1st to December 31st, no preventive maintenance can be scheduled, as this is the peak of the heating season.

If the Client does not respond after one attempted phone contact and one written communication to set an appointment for the preventive maintenance visit, Gaz Métro Plus reserves the right to cancel the preventive maintenance visit.

PARTS AND/OR LABOUR COVERAGE, WHERE APPLICABLE

If, in normal use, your protected equipment as mentioned in the “Terms of enrolment” section of the Contract proves defective, Gaz Métro Plus undertakes to repair or replace, without charging for parts (if parts are covered) or labour (if labour is covered), deteriorated parts covered by the Plan with respect to the protection grid on the reverse of this page.

If the Client has not selected parts coverage, the replaced parts will be invoiced at the price in effect at the time of the work. If the parts required are not available in the technician’s
truck, the transport time to acquire the parts will be charged to the Client.

For parts coverage, interchangeable parts may be used if required. Gaz Métro Plus may, at its sole discretion, decide between the repair or replacement of the protected part. 

Gaz Métro Plus is not obliged to replace a part that is no longer manufactured or that cannot be obtained for a commercially reasonable price. Gaz Métro Plus is not responsible for the availability of parts from suppliers.

SERVICE POLICY

A 24-hour phone service is offered. Gaz Métro Plus promises to carry out the work as quickly as possible in the event of an emergency. Regular work hours from October 1st to March 31st are from 7 a.m. to 8 p.m. from Monday to Friday, except statutory holidays, and from 8 a.m. to 4:30 p.m. Saturdays. Regular work hours from April 1st to September 30th are from 7 a.m. to 8 p.m. from Monday to Friday, except statutory holidays. The work performed outside regular business hours is billed as overtime if it is not covered by the Plan or if labour coverage was not chosen by the Customer. If the service required is not related to a defect in a protected part listed in the protection grid overleaf, the Client shall pay Gaz Métro Plus the cost of the replaced part, if required, and the Gaz Métro Plus hourly rate at the time of the call.

Travel and/or service charges may be invoiced to the Client for the following situations:
a) the Client is not home at the time of the appointment;
b) piping and plumbing work is not covered by the plan;
c) a call for lack of power in the Client’s electrical panel (breaker/fuse);
d) replacement of thermostat batteries or programming of the thermostat.