Certified Resale Home Home Warranty

Transcription

1 Certified Resale Home Home Warranty Provided by First Canadian Title Company Ltd. Sbject to the exclsions and limitations set ot herender and nder Yor Home Inspection, Yor Certified Resale Home incldes a warranty to repair or replace one or more of the Covered Items below, p to an aggregate maximm of $20,000, if the defect or malfnction occrs dring the coverage period or was not identified and exclded by the Home Inspector as part of the Inspection. A claim nder this warranty on Certain Covered Items may be sbject to a $500 contribtion on Yor part, as frther described in Section 4 (Other Conditions and Stiplations) below. AGGREGATE MAXIMUM COVERAGE AMOUNT OF $20,000 AVAILABLE FOR ALL COVERED ITEMS Covered Items 1 throgh 4 are within the overall aggregate maximm coverage amont and yo may make mltiple claims on these Items provided the total sm paid nder this warranty for its dration does not exceed $20,000. Covered items 1 throgh 4 have no individal cap. Covered Items 5 throgh 6 are also within the overall aggregate maximm coverage amont bt have their own claim caps nder this warranty. Item 5 (Swimming Pool Eqipment) coverage is limited to $1,500 and Item 6 (Septic Tank System) coverage is limited to $1,000, regardless of whether there is still aggregate maximm coverage available. Example 1: if a $20,000 claim is made for one Item from 1 throgh 4 then Yo have reached the cap and cannot make a claim for any other Covered Items. If however Yo claim the maximm available for Covered Items 5 and 6 then $17,500 wold still be available nder the warranty to make a claim for Covered Items 1 throgh 4. Example 2: if yo claim $8,500 for a roof repair and $1,000 for swimming pool eqipment repair, Yo wold have $10,500 still available, althogh Yo wold only have $500 for any frther claim related to the swimming pool eqipment becase that is sbject to its own claim cap (set ot above). Example 3: if a claim for $3,000 is made for the Swimming Pool Eqipment (Item 5) then only $1,500 wold be payable and no frther claims for Item 5 cold be made nder this warranty. $18,500 wold still be available nder this warranty for claims on the remaining Covered Items. 1 Definition of Terms The following terms when sed in this docment mean: Company : First Canadian Title Company Limited Covered Items : the for major systems of Yor Home covered by the standard warranty: heating; cooling; roof and fondation, together with swimming pool eqipment and septic tank system (each referred to as Item) if this optional coverage is elected, sbject to the limitations and exclsions herender Certified Resale Home : the Inspection completed by the Home Inspector participating in the Company s program, which incldes a Certified Home Inspection Report and this warranty coverage 1

2 Home : the bilding referred to in the Inspection Home Inspector : the individal who inspected the Home who is participating in the Company s program and who provided the Certified Resale Home report Inspection : the home inspection and the report that was completed by the Home Inspector Terms and Conditions : the terms, conditions, limitations and exclsions set ot in this docment Yo/Yor : the person who is on title to the Home 2 Coverage Conditions A. Standard Coverage 1. Heating Yor warranty incldes coverage for the repair or replacement of the major heating appliances in the Home as a reslt of significant failre, which incldes only the following heating system components: Heat pmps (except for heating via geothermal system types) Hot water boilers Gas, electrical or oil-fired forced-air frnaces Baseboard heaters (where they provide the main heating for the Home) This coverage does not inclde: Combination hot water/heating systems 2. Cooling Yor warranty incldes coverage for the repair or replacement of the major components of the systems sed to cool Yor Home, which incldes only the following cooling systems: Central air conditioning systems (except for cooling via geothermal system types) Dctless (mini-split) systems 3. Roof Yor warranty incldes coverage for the repair or replacement of the following: Leaks in the roof of the Home as long as leaks are cased by normal wear and tear and the roof was in good, water-tight condition at the start of coverage as determined by the Home Inspector Wall and ceiling finishes of the Home reqired de to roof leaks This coverage does not inclde: Periodic preventative maintenance 4. Fondation Yor warranty incldes coverage for the repair or replacement of the following isses that existed at the time of Inspection and were not visible nder normal conditions, or that arose sbseqent to the Inspection while the coverage remains in force: Coverage to rectify significant fondation isses Leaks as a reslt of a crack in the fondation Repair or replacement of wall assemblies as a reslt of a fondation isse 2

3 The coverage does not inclde any of the following: Any damage cased to contents of the Home de to a fondation isse Damage to the perimeter fondation drainage system Damage cased by sewer backp Cosmetic repairs B. Optional Coverage 5. Swimming Pool Eqipment Yor warranty incldes coverage for the repair or replacement of the following isses that existed at the time of Inspection and were not visible nder normal conditions, or that arose sbseqent to the Inspection while the coverage remains in force: Pmp Timer Filter Valves Pool sweep motor and pmp Pmp motors Heating nit Above grond plmbing and electrical Salt water cell and circit board (if applicable) The coverage does not inclde any of the following: Above-grond pools* All cleaning eqipment, liners, lights, strctral defects, solar eqipment Inaccessible components, jets, chlorinators Other water chemistry control eqipment Ornamental fontains * Being of a man-made rigid or semi-rigid strctre, basin or receptacle for water whose framework is installed primarily above grond. 6. Septic Tank System Yor warranty incldes coverage for the repair or replacement of the following isses that existed at the time of Inspection and were not visible nder normal conditions, or that arose sbseqent to the Inspection while the coverage remains in force: One-time pmping of tank if stoppage is cased de to septic tank backp Septic tank system jet pmp, aerobic pmp, sewage ejector pmp, septic tank and sewer line from hose to septic tank Sewage ejector pmp all parts and components of sewage ejector pmp not associated with the operation of a septic tank The coverage does not inclde any of the following: Seepage pits Leach lines, leach beds, lateral lines, cleanot and pmping of septic tank (beyond one-time pmping cased by backp), basins and any costs associated with locating or gaining access to or closing access from the sewage ejector pmp 3

4 3 4 5 Exclsions The following matters are expressly exclded from the coverage of this warranty and the Company will not pay loss or damage, costs, legal fees or expenses, which arise by reason of: Repairs or replacements reqired as a reslt of missing parts, fire, flood, smoke, lightning, hail, freezing, earthqake, theft, storms, accidents, md, war, riots, vandalism, improper installation, acts of God, damage from pests, lack of capacity, damage cased by the occpants of the Home, or misse Failre of Covered Items not de to normal wear and tear Cosmetic defects Conseqential, incidental and/or secondary damage or loss reslting from the malfnction of any Covered Item, inclding, bt not limited to, personal and/or property damage, additional living expenses, tility bills or loss of income Periodic maintenance of a roof Any damage cased to contents of the Home and/or cosmetic repairs Any Home which is not a residential property or containing more than for (4) dwelling nits Any condominims Repairs arising from a manfactrer s recall of Covered Items, manfactrer s defects or for items covered nder an existing manfactrer s, distribtor s or in-home warranty. The Covered Items mst be domestic or commercial grade and specified by the manfactrer for residential se New systems or additions to the Home made after completion of the Inspection Bildings on the property that are not attached to the Home Other Conditions and Stiplations Any claim made by Yo for repairs or replacement related to the heating or cooling system, the swimming pool eqipment or septic tank system may be sbject to a $500 contribtion on Yor part. The intent is to ensre that the Company is covering a significant repair or replacement. In other words, Yo will be responsible for repairs or replacement of these items if the total cost at any one time is $500 or less. For example, if the frnace breaks down and the ignition switch needs replacing at a total cost of $350 (inclsive of parts, labor and tax), then that wold be Yor responsibility not that of the Company. Bt if the cost came to $750 then the Company wold be responsible for the fll amont. The Company will determine whether a Covered Item will be repaired or replaced. In the event a Covered Item is being replaced, the replacement materials will be of similar featres, efficiency and capacity as the Covered Item in the Home as described in the Inspection. If Yo have other contracts of insrance or warranties for the Covered Items noted herender, Yo will first obtain coverage nder those contracts of insrance or warranties prior to making a claim with the Company and Yo shall provide proof of doing so. The Company will not cover rotine maintenance. The contract holder is responsible for cleaning and rotine maintenance as specified by the manfactrer of the eqipment. Yo are only covered for the Items noted on yor Home Inspection Report. Timing and Dration of Warranty Yor warranty begins on the day after the Certified Resale Home report is issed and remains in force for eighteen (18) months. 4

5 6 How to Make a Claim Yo mst notify the Company promptly of any claim and before any repairs or replacement. Please call or visit to reqest claim forms. Yo mst obtain at least two (2) qotes for the costs of repair and/or replacement of the Item. The qotes shall inclde a recommendation as to whether repair or replacement is preferable in the circmstances. The Company will pick between the qotes. Approved claims will be paid by the Company to the contractor who completes the repair or replacement, and will be limited to reasonable and cstomary charges for the repair or replacement. Yo will be reqired to pay the contribtion (if applicable) and any costs that exceed the aggregate maximm coverage amont, if applicable, as set ot above. Based on the natre of the claim, the Company may reqire a claims investigator to assess the Item related to the claim at Yor Home. The repair or replacement mst be completed within sixty (60) days of the Company s approval to make the repair and/or replacement. No payment shall be made by the Company withot prodcing this warranty, proof of possession of the Home, the Inspection, and proof that the repair or replacement has been completed. 7 Notices All notices reqired to be given to the Company and any statement in writing reqired to be frnished to the Company shall inclde the nmber of this warranty and shall be addressed to: First Canadian Title Company Limited Attn: Vice-President, Legal 2235 Sheridan Garden Drive Oakville ON L6J 7Y5 8 Determination, Extent of, and Limitation of Liability This warranty is the entire warranty and contract between the Company and Yo. In interpreting any provision herender, this warranty will be constred as a whole. Any claim of loss or damage by Yo, whether or not based in negligence, and which arises ot of Yor Certified Home Inspection shall be restricted to this warranty. The liability of the Company shall not exceed the amonts applicable to each Covered Item or the aggregate maximm coverage amont set ot on the first page of this warranty. The Company will not be liable for any loss or damage to Yo for any liability Yo volntarily assme in settling any claim or sit withot the prior written consent of the Company. If the Company is prejdiced by Yor failre to provide any information reqired with respect to the claim, or obligation to Yo will cease. Yor rights as a warranty holder and payments to Yo may be affected by the administration and enforcement of economic embargoes and trade sanctions applicable to Yo nder the Company s compliance with the Office of Foreign Assets Control (OFAC) of the US Department of Treasry and the Office of the Sperintendent of Financial Instittions (OSFI). If the Company determines that Yo are on a prohibited list or are connected to a sanctioned contry, entity or individal, or a prohibited activity as designated by the relevant OFAC and OSFI directives, the Company may be reqired to stop payment of any fnds to Yo, or cancel this warranty coverage. Any payments made by the Company nder this warranty shall redce the aggregate maximm coverage amont of the warranty accordingly. 5

6 9 Entire Agreement These Terms and Conditions, as amended from time to time (the Agreement ), shall constitte the entire agreement between the parties with respect to the sbject matter of this Agreement and cancels and spersedes any other nderstandings and agreements between the parties with respect to sch sbject matter, whether written or oral, and whether made prior to or dring the term of the Agreement. There are no representations, warranties, terms, conditions, ndertakings or collateral agreements, express, implied or stattory, between the parties other than as expressly set ot in this Agreement. 10 Waivers No waiver of any right or obligation or any remedy for breach of any provision of these Terms and Conditions will be effective or binding nless made in writing and signed by the party prporting to give the same and, nless otherwise provided, will be limited to the specific right, obligation or breach waived. The failre of any party at any time to reqire performance by the other party of any provision of the Terms and Conditions will not affect in any way the fll right to reqire sch performance at any sbseqent time; nor will a waiver by any party of a breach of any provision of the Terms and Conditions be taken or held to be a waiver of the provision itself. FCT.ca This warranty and the services associated with it are provided by First Canadian Title Company Limited. This services company does not provide insrance prodcts. Some prodcts/services may vary by province. Prices and prodcts/services offered are sbject to change withot notice. Registered Trademark of First American Financial Corporation. #1383E v13 6