Elite Appliance Service Terms Of Service
TERMS AND CONDITIONS
1. These Terms and Conditions of Use (this “T&C”) govern all services provided to you (hereinafter referred to as “Customer” or “you”) by Elite Appliance Service (hereinafter referred to as “Elite Appliance” or “us/we/our”). By scheduling, and/or booking repair services on your appliance(s) (the “Services”) with Elite Appliance Tech Rep (hereinafter referred to as “EA Tech Rep”), or accessing and/or purchasing any products/parts (the “Products”) and/or Services we provide, you acknowledge, certify and agree that you have read, understood, and agree to be bound by this T&C. All terms and conditions of the T&C shall remain in full force and effect. Should you have any questions or concerns, whether regarding this T&C or otherwise, please email Service@eliteappliance.ca or call us using the following numbers:
416-848-0670
1-866-836-5668
2. Work Process: Elite Appliance will take the following steps to complete the repair of your appliance(s):
i. Conduct a diagnostic on your appliance;
ii. Provide a quote for the repair and Products required for the repair;
iii. Where you decline the quote provided it shall continue to be valid for 30 days, subject to this T&C; and
iv. Where you accept the quote provided complete the Services and provide the Products pursuant to this T&C.
Specific further details with respect to each step set out above is set out in this Section below with further recommendations and instructions that the Customer shall follow:
a. Diagnostic: the EA Tech Rep will work with you to complete a diagnostic of your appliance(s), this is necessary to provide you with a quote (hereinafter referred to as “eQuote”) for the repair Services and Products required. A separate fee and surcharge(s) will be chargeable for the diagnostic and a full technical report and a diagnostic receipt shall be provided to you once it is completed. Normally, the diagnostic receipt is supplied to the Customer via email, for instances where a customer does not have an email account available, the diagnostic receipt will be mailed via Canada Post to the Customer by our administration team, to the address found on the diagnostic receipt itself. Once received, please review the diagnostic report in its’ entirety to ensure you fully understand it, should you have any questions or concerns at all, please discuss them with your EA Tech Rep, he will be happy to assist you. This diagnostic report outlines the fault(s) the EA Tech Rep has found with your appliance(s) which are contributing to your appliance malfunction(s) and/or failure(s). The EA Tech Rep’s next step will be to create and supply you with a complete estimate (eQuote) on the costs to continue repairs on your appliance(s). The cost of the diagnostic fee and applicable surcharge(s) you will have paid thus far will be applied against your total repair costs within the eQuote which will be provided to you by the EA Tech Rep. Please review the eQuote in its’ entirety to ensure you understand this, should you have any questions or concerns at all with the eQuote, please discuss them with your EA Tech Rep, he will be happy to assist you. For greater clarity, and without limiting
any other rights of Elite Appliance hereunder, any and all fees charged by Elite Appliance for the diagnostic process shall be non-refundable.
b. Quote: once you have received your eQuote, kindly ensure that you have reviewed and understood the attached eQuote provided to you by your EA Tech Rep. If you have any questions relating to the repair and/or costs, please speak to the EA Tech Rep who will be happy to assist you. Please inform your EA Tech Rep if you are agreeable with the eQuote so that the repair Services may begin. For greater clarity, and without limiting any other rights of Elite Appliance hereunder, the Customer acknowledges and agrees that the quotes for all Services and Product(s) shall be with respect to the specific malfunction identified by the EA Tech Rep only, where new malfunctions or causes of the original malfunction are found by the EA Tech Rep subsequent to the provision of the original eQuote, Elite Appliance reserves the right to provide a new/updated eQuote or a separate eQuote prior to the commencement of any Service work. In addition to the foregoing the Customer further agrees that the quoted amounts for Product(s), flat rate fees and/or surcharges are subject to change without notice and are only valid on the date they are quoted. Should the cost of Product(s), flat rate fees and/or surcharges change prior to repair completion, Elite Appliance shall re-quote you and request your approval before proceeding with the repair.
c. Quote – If Declined: If you decline the eQuote at this time, no further repairs will be provided to you by Elite Appliance. However, the eQuote is valid for 30 calendar days from the date it was issued, all subject to any limitations under Section 2(b). Should you change your mind before the 30 calendar days have elapsed and decide to accept this eQuote and proceed with servicing the appliance(s), simply respond to this eQuote and indicate your acceptance, we’d be happy to help you move forward in continuing to service your appliance. This eQuote no longer be valid beyond the 30-calendar day period from when it was submitted to you. eQuote approvals received beyond the original 30 calendar date of being issued would be considered a fresh service call and require an EA Tech Rep to be scheduled to perform a diagnostic once again reaffirm the original diagnosis. The applicable diagnostic fee(s) and associated surcharge(s) will be levied against this secondary diagnostic visit by an EA Tech Rep these fees will be on top of any flat rate fee(s) and surcharge(s) applied against the original diagnostic and cannot be credited against the repair costs.
d. Repair: Once your repair Services are completed, you will receive a eReceipt which outlines the fee(s) and credit(s) relevant to your particular repair. Up to this point you have paid for and received a receipt for the diagnostic fee, surcharge(s) and/or Parts-Prepayment as applicable. The diagnostic fee credit (if applicable) shall be deducted from the work order and the associated fee(s) and or surcharge(s) have been applied as necessary to complete the repair, should you have any questions or concerns, please speak to your EA Tech Rep, he will be happy to assist you.
3. General Covenants and Steps to be Followed by Customer:
a. As your appliance is currently malfunctioning, it is important to understand that it is not in good working order and therefore, may not be safe to continue operating it. Should you choose to operate your malfunctioning appliance, you will be assuming all risks and/or liabilities incurred. Should you continue using your malfunctioning appliance, you may cause additional damage to your appliance, thus increasing your repair costs. Furthermore, operating a malfunctioning appliance may cause damage to other property, and increase the risk of personal injury. We strongly recommend that you do not operate the appliance and wait until the EA Tech Rep has completely repaired and tested your appliance, and verified that it is operating as per the original manufacturer’s specifications. Elite Appliance Service shall not be liable for any claims/debts of any nature should you choose to disregard this policy.
b. Should replacement part(s) be necessary to service your appliance, and should said replacement part(s) not be currently be in your EA Tech Rep’s inventory they would have to be prepaid by you via Visa, MasterCard, cash, or any other legal methods that Elite Appliance may elect to utilize from time to time. Once these parts have been prepaid, they will be ordered immediately by our electronic service application. Subject to the availability of the parts from the corresponding manufacture and/or supplier, typical turnaround time for our warehouse to receive said part(s) is between 2-5 business days. For situations where the manufacturer and/or supplier does not have inventory available for the part(s) required; turnaround time for us to receive said part(s) may take between 2-6 weeks, or longer demanding on the circumstances of the case. Elite Appliance shall not have any liability or assume any responsibility for the delays or unavailability of part(s) ordered from said parts manufacturers and/or suppliers. Furthermore, there is a possibility that the part(s) ordered for your repair may be special order. Special order parts are neither returnable to their applicable supplier nor refundable to the customer once ordered. Cancellation of non-special-order part(s) which have already been submitted to their related manufacturer and/or supplier will be subject to a 20% restocking fee; please ensure you understand these terms before approving an eQuote and/or prepaying for part(s) order(s).
c. To ensure quality of service and reliability to all customers, parts which have been installed in an appliance by an EA Tech Rep cannot be returned, removed or refunded. However, should an EA Tech Rep deem parts which were installed by an EA Tech Rep to be defective during the parts replacement warranty period set forth by the original manufacturer; said parts shall be replaced as required, free of charge to the Customer at the sole discretion of an EA Tech Rep. Typical replacement parts warranty is 90 calendar days from the date they are installed in your appliance by an EA Tech Rep, however the specific time frame depends on the circumstance of each individual case and Elite Appliance makes no guarantees in this regard. Again, this is a typical parts replacement warranty and may not apply to your appliance directly. Please consult your appliance use and care manual or contact your specific appliance manufacturer for confirmation of your particular replacement parts warranty.
d. It will be necessary for an EA Tech Rep to perform further testing of the appliance to ensure it is operating and/or functioning as per the original manufacturer’s specifications after replacing any part(s) which are diagnosed as defective, malfunctioning and/or required by an EA Tech Rep. Although the possibility is very low, it is quite possible that further
malfunctions of an appliance may present themselves during said operational and/or functional tests. As an example, should an EA Tech Rep find the Main Board or any other electronic/electrical and/or functional component which affects the operation of your appliance to be defective during any time of the overall repair procedure; it would be necessary for the EA Tech Rep to replace said part(s) and then perform operational and/or functional tests to ensure the appliance as a whole is operating as per the original manufacturer's design specifications. Should an EA Tech Rep find further malfunctions and/or defect(s) after said part(s) were replaced the EA Tech Rep shall outline said fault(s) and/or defect(s) within his Technician’s Report, and provide you with an updated eQuote outlining any further cost(s) associated with these additional part(s) and/or the flat rate fees to install said part(s). Before an EA Tech Rep can continue with servicing the appliance, your approval of said updated eQuote would be required, as would prepayment of any additional part(s) by the Customer; via Visa, MasterCard or cash, or any other legal methods that Elite Appliance may elect to utilize from time to time. Typical turnaround time for our warehouse to receive said part(s) is between 2-5 business days. For situations where the manufacturer and/or supplier does not have inventory available for the part(s) required; turnaround time for us to receive said part(s) may take between 2-6 weeks, or longer demanding on the circumstances of the case. Elite Appliance Service shall not have any liability or assume any responsibility for the delays or unavailability of part(s) ordered from said parts manufacturers and/or suppliers. Furthermore, there is a possibility that the part(s) ordered for your repair may be special order. Special order parts are neither returnable to their applicable supplier nor refundable to the customer once ordered. Cancellation of non-special-order part(s) which have already been submitted to their related manufacturer and/or supplier will be subject to a 20% restocking fee; please ensure you understand these terms before approving an eQuote and/or prepaying for part(s) order(s).
e. Without limiting any other rights of Elite Appliance set out under this T&C, where the Customer fails to follow any of the steps required or recommended by Elite Appliance as set out above, Elite Appliance shall not be subject to any claims or be liable for any losses of the Customer even where such loss is caused directly by the personnel of Elite Appliance.
4. Warranty:
a. Elite Appliance Service shall provide you a warranty (the “Warranty”) on all COD repairs completed by an EA Tech Rep. COD labour is warranted for 30 calendar days from the date of repair completion. The 30-calendar day labour warranty, is limited to the original workmanship of the repair completed, and is not a whole product warranty. Should the appliance malfunction within the 30-calendar day period after it was repaired by an EA Tech Rep; simply contact our office before the 30-calendar day period has elapsed and we will be happy to dispatch a technical representative to investigate the issue(s) and/or malfunction(s) with the appliance. Within the 30-day calendar warranty, should the EA Tech Rep investigate the malfunction(s) and concluded that is a problem in the workmanship performed by a EA Tech Rep. or, if the part(s) which were installed by an Elite Tech Rep. during the course of said repair, the labour fees associated to repair said malfunction(s) will be free of charge. If parts were installed by an EA Tech Rep. during
the course of an EA Tech Rep’s repair, the validity of said parts warranty will be governed by the replacement part warranty of the original appliance manufacturer as outlined in Section 3(c) above. Should an EA Tech Rep investigate the malfunction(s) and find secondary issue(s) unrelated to the workmanship performed by an EA Tech Rep, the EA Tech Rep shall provide you with a full report outlining the problem(s) contributing to the secondary failure and provide you with an eQuote on the cost(s) associated with the repair. Repairs deemed to be unrelated to the original issue(s) by an EA Tech Rep which occur within the 30-calendar day labour warranty are chargeable to the customer at half of our normal flat rate fees, plus the cost of any applicable surcharges and do not include the cost(s) of any replacement part(s) which may or may not be required. Should this occur an EA Tech Rep will supply you with a full eQuote outlining any and all costs to repair your appliance; this eQuote must be approved by you before any repairs may proceed. Issues reported to Elite Appliance Service outside the 30-calendar day period of original repair completion date will not be covered by this warranty and will be treated as a new service call and be chargeable at full rates to the Customer.
b. The Warranty, in its entirety, shall be null and void for any repairs where any part(s) installed during the course of the repair were not purchased directly through Elite Appliance. Meaning if any or all parts installed during the course of the repair were acquired from any other source other than Elite Appliance, the repair will carry absolutely no warranty. Elite Appliance Service shall not be liable for any claims/debts of any nature should you choose to acquire replacement part(s) from any source other than Elite Appliance.
c. The Warranty will be null and void if the appliance in questions is serviced, diagnosed or repaired by anyone other than an EA Tech Rep within our 30-calendar day labour warranty or parts replacement warranty period. Elite Appliance shall not be liable for any claims/debts of any nature should you choose to disregard this policy. Elite Appliance shall not be liable for any claims/debts of any nature should you choose to disregard this policy.
d. The Warranty, in its entirety shall also be null and void for repairs where a Customer fails to approve an eQuote as provided by a Technician in its entirety. As an example, should a Customer decide to approve only a select few Products(s) which were outlined as required by an EA Tech Rep within an eQuote by an EA Tech Rep and then elect to decline one or more Products(s) as outlined within said eQuote by an EA Tech Rep the Warranty in its entirety, shall be null and void. Elite Appliance shall not be liable for any claims/debts of any nature should you choose to disregard this policy.
e. Without limiting any other rights of Elite Appliance hereunder, including any rights of Elite Appliance under Section 9(g), the Warranty does not cover the following:
i. Customer misuse, neglect or abuse of the appliance(s) or the Product(s).
ii. Force majeure events as set out in Section 9(g) and any other Acts of God, pests and/or vermin.
iii. Issues arising from the original installation of the appliance(s).
iv. Household wiring, plumbing, blocked and/or restricted household venting or associated issues.
5. Indemnification: The Customer hereby agrees to indemnify and hold harmless Elite Appliance and their shareholders, directors, employees, contractors or any other agents and representatives (collectively, the “Elite Appliance Indemnified Persons”) against and from any and all losses, costs, damages, expenses and liabilities of whatsoever kind, including but not limited to any claims for personal injury by the personnel of Elite Appliance, and all legal fees and other expenses (a “Claim” or collectively, the “Claims”) which one or more Elite Appliance Indemnified Persons may sustain or incur in any way in connection with its provision of the Services or Products to the Customer, where such Claims is caused by the negligence, breach of contract or wilful misconduct of the Customer.
6. Limitation of Liability: WITHOUT LIMITING ANY OTHER RIGHTS OF ELITE APPLAINCE UNDER THIS T&C EXCEPT FOR THE WARRANTY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL ELITE APPLIANCE BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY STATUTORY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, ANY KIND OF LOSSES IN CONNECTION WITH COVID-19, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. ELITE APPLIANCE’S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE ACTUAL PAYMENT MADE BY THE CUSTOMER TO ELITE APPLIANCE THAT IS THE SUBJECT OF THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THE SERVICES PROVIDED BY ELITE APPLIANCE TO YOUMORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
7. Privacy:
a. The Customer has read Elite Appliance’s Privacy Policy which can be found on the website of Elite Appliance as follows:
The Privacy Policy is incorporated into these T&C and the Customer agrees that the terms of such Policy are reasonable.
8. Website: In using the website of Elite Appliance (the “Website”), the Customer agrees:
a. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
b. not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
c. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; and
d. not to attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access.
9. General
a. Applicable law: This T&C shall be governed by the laws of the Province of Ontario and the laws of Canada as applicable thereof.
b. Severability: Should any provision in this T&C be held to be invalid, void or unenforceable, it shall be declared separate and distinct, and the remaining provisions of the T&C shall continue in full force and effect.
c. Enurement: All terms of these T&C shall enure to the benefit of and be binding upon the Customer and Elite Appliance and their respective successors and permitted assigns.
d. Non-Waiver: The failure of Elite Appliance to insist upon strict performance of any provision of this T&C to exercise any right arising out of this T&C shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by Elite Appliance of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such Elite Appliance.
e. Amendments: Elite Appliance may update these T&C from time to time in accordance with its business needs and operations and the Customer agrees to be bound by any such updates as may be issued by Elite Appliance. The T&C may only be amended in writing with the consent of Elite Appliance.
f. Entire Agreement: This T&C sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof being the provision of Services and Products by Elite Appliance to the Customer. This T&C supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises; verbal or otherwise, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.
g. Force Majeure: Elite Appliance shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of:
i. strikes, pandemic, pandemic related governmental lockdowns, labour disputes, shortages, riots, insurrection, terrorist attacks, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, supplier problems, or any other force majeure event that is beyond the reasonable control of Elite Appliance.
Elite Appliance shall use its reasonable best efforts to notify the other party of the occurrence of such an event within three (3) business days of its occurrence. Without limiting any other rights of Elite Appliance hereunder, the Customer agrees where Elite Appliance is unable to complete the Services due to lockdown measures implemented by
the government in connection with Covid-19, Elite Appliance shall no longer be obligated to complete any Service(s) previously promised.
h. Notices:
i. Any and all notices to be served upon Elite Appliance shall be forwarded to the following address or by email to the following email address:
50 Great Gulf Drive Unit 48, Concord ON L4K 5W1 Service@eliteappliance.ca
ii. Any and all notices to be served upon the Customer shall be forwarded to the address where the appliance of the Customer is located or to the email through which the Customer first contacted Elite Appliance for its service.