LocalCover | Warranty Terms Canada
In this Agreement capitalised words have the meanings given to them under section 22.
WHAT WE WILL DO
We will provide You with a warranty against defects in Your Covered Product in Canada for the Cover Period. The Warranty provides Repair, or in certain cases as explained below, a Replacement or a refund for valid Claims.
If Your Covered Product is Faulty, and You make a valid Claim, We will, at Our cost Repair Your Covered Product, provide a Replacement or offer You an Equivalent Product or a Cash Payment as set out under sections 9, 10, 11, 12 and 13 below.
If We have not settled Your Claim or made You an offer of settlement within 30 days after the date Your Claim is accepted, We will refund You the Original Purchase Price.
HOW WILL WE PROVIDE SERVICES IN CANADA?
LocalCover Canada administers LocalCover Warranties in Canada on Our behalf, including assessing faults and settling Claims and is authorised by Us to engage related parties in Canada to assist with Claims handling.
It is a condition of the LocalCover Warranty that You first make any Claim to LocalCover Canada.
If LocalCover Canada advises you that Your Claim will be settled by a certain date and LocalCover Canada does not make You an offer of, or complete settlement by that date, We will reimburse You the LocalCover Fee.
WHAT IS THE LOCALCOVER WARRANTY?
The LocalCover Warranty is a retailer warranty against defects in Your Covered Product for the Cover Period and is not insurance, unless it is expressly designated as such by the applicable legislation in Your Province or Territory of Residence.
CAN I CANCEL THE LOCALCOVER WARRANTY?
Provided that You have not had a Claim accepted, You may cancel Your LocalCover Warranty at any time by notifying Us or LocalCover Canada of Your wish to cancel at www.localcover.com.
If You cancel Your LocalCover Warranty within the Cooling-Off Period, We will refund the LocalCover Fee to You in full.
If You cancel Your LocalCover Warranty after the Cooling-Off Period has expired and subject to any requirement under Law to provide a full refund, You will be entitled to a pro-rata refund of the LocalCover Fee, provided that in calculating the refund, each part of a month for which cover has been provided will be rounded up to the nearest whole month. For example, if Your LocalCover Warranty has a cover period of twelve months and You cancel it after two months and ten days, Your refund would be 9/12 (or 75%) of the LocalCover Fee.
IS THE LOCALCOVER FEE REFUNDABLE IF THE PRODUCT PURCHASE IS CANCELLED?
Yes, We will refund the LocalCover Fee if You have not had a Claim accepted, and We have refunded You the Original Purchase Price because one of the following has occurred:
- We have cancelled Your purchase of the Covered Product; or
- You have returned the Covered Product to Us in the manner specified in Our Retailer Terms
WHY IS IT NECESSARY TO REGISTER THE LOCALCOVER WARRANTY?
You must register Your LocalCover Warranty online at www.localcover.com within the Cover Period to be able to make a Claim.
LocalCover Warranties must be registered so LocalCover Canada can verify Your purchase of the Covered Product, manage Claims and contact You regarding any current or future feature of the LocalCover Warranty.
Registration is conclusive of ownership of the Covered Product and the Warranty unless We or LocalCover Canada have direct knowledge of fraud or breach or other unlawful act or intervention affecting the Covered Product or the Warranty.
WHEN WILL THE LOCALCOVER WARRANTY TERMINATE?
The Warranty will terminate on the earlier of:
- the date You notify Us or LocalCover Canada that You wish to cancel the Warranty.
- The date We cancel Your purchase under Our Retailer Terms.
- the date We Replace Your Covered Product.
- the date We provide You with an Equivalent Product.
- the date You receive a Cash Payment.
- the expiration of the Cover Period.
If We Repair Your Covered Product, the Warranty will continue until the occurrence of one of the events listed above.
If We have Replaced Your Covered Product or provided You with an Equivalent Product as a result of which Your Warranty has terminated, You would need to purchase a new LocalCover Warranty if You wish to have the benefit of the Warranty in respect of the relevant Replacement or Equivalent Product. This is without prejudice to the rights. You have under Law in this situation.
HOW ARE LOCALCOVER WARRANTY CLAIMS MADE?
You must have registered Your LocalCover Warranty online at www.localcover.com.
Log on to www.localcover.com and follow the prompts. These prompts will include reminding You to check Our Retailer Terms and to ensure that You have followed any applicable Retailer Instructions or Manufacturer Instructions for the use, care and operation of the Covered Product. These checks are important to help You to avoid incurring charges for No Fault Found.
You can only make Claims during the Cover Period.
WHAT IF A COVERED PRODUCT IS FAULTY?
If a Covered Product is assessed by a Repairer as Faulty, We will either Repair it or will, as set out under section 13 below, Replace it, offer You an Equivalent Product or refund You the Original Purchase Price.
HOW ARE FAULTS ASSESSED?
If there is a Repairer or Logistics Provider for Your Covered Product in Your area that accepts personal deliveries, We will provide You with contact and location details and You may deliver it at Your cost.
If You have not delivered Your Covered Product as above, the LocalCover Claims system will contact You to arrange to ship Your Product or will authorise a Logistics Provider to contact You to arrange collection of Your Product and return after Repair, or delivery of a Replacement or Equivalent Product, as applicable, at Our cost.
Where You have delivered the Covered Product to Our Repairer or Logistics Provider at Your cost, You may arrange collection of Your Product after Repair, or of a Replacement or Equivalent Product, as applicable, failing which We will return Your Product after Repair, or deliver a Replacement or Equivalent Product, as applicable, at Our cost.
We will (subject to the next paragraph) provide You with shipping information and instructions if We do not collect Your Product. You must securely package Your Covered Product, and backup or download any Data, as appropriate. You must provide the Repairer or Us with any password or other information or equipment that is necessary to access Your Covered Product to determine whether it is Faulty.
If it is not practical or economical because of remoteness or other factors for You to ship Your Covered Product to Us or for a Repairer or Logistics Provider to attend Your residence or premises then, subject to the Force Majeure provision of this Agreement, We will progress and settle Your Claim in the manner described in section 13 below.
If You are a resident of Quebec, the duration of Your LocalCover Warranty specified in the Cover Summary will be extended by the amount of time during which Your Covered Product is out of your possession for the purposes of assessment and settlement of Your Claim.
WHAT IF THE COVERED PRODUCT CANNOT BE REMOVED FROM YOUR RESIDENCE OR PREMISES FOR ASSESSMENT?
LocalCover Canada or a Logistics Provider may, with Your permission, collect Your Covered Product from Your residence or premises and deliver it to a Repairer for assessment, diagnosis and Repair.
If LocalCover Canada believes the Covered Product is difficult or dangerous to access or move and if it is practicable and economical to do so, it will endeavour to assess and, if practicable, Repair the Product at Your residence or premises.
Where a Covered Product is difficult, effectively impractical, impossible or uneconomic to remove safely from Your residence or premises, LocalCover Canada will not undertake, direct or procure any building works, demolition, removal, dismantling, installation or reinstallation in any structure, vehicle or location to remove or install it. If any work of this kind is required, it must be arranged by You.
Neither We nor LocalCover Canada will be liable for any costs, loss or damage arising from or in connection with any of the work described in the above paragraph, including the costs of obtaining or using special tools, equipment or specialist contractors in connection with any such work.
WHAT HAPPENS IF THE PRODUCT IS NOT FAULTY OR THE FAULT IS NOT ONE COVERED BY THE WARRANTY?
If the Repairer determines there is No Fault Found, the product itself is not covered by the Warranty or the fault in Your Product is not covered by the LocalCover Warranty, You will be liable for the Repairer’s costs and the return delivery charges.
These costs may be charged to You by the Repairer or charged to Us. If You do not pay the costs charged to You as above or We incur those costs and or charges directly, We will pay the Repairer, and You must reimburse Us. We are not obliged to provide any services to You while any such costs payable by You are unpaid.
WHAT IF THE COVERED PRODUCT IS NOT REPAIRED?
If We cannot Repair or Replace the Covered Product, or We choose not to Repair or Replace it, We may offer You an Equivalent Product. If We do not offer You an Equivalent Product or You decline Our offer, We will refund You the Original Purchase Price.
If We Replace Your Covered Product or offer You an Equivalent Product or a Cash Payment, You agree that the original Covered Product becomes Our property. If You have the Covered Product in Your possession, We may require You to return it to Us before or after the provision of a Replacement, Equivalent Product or a Cash Payment. If We require You to return the Covered Product to Us, We will provide You with shipping information and instructions or otherwise arrange collection at Our cost.
If You deliver the Covered Product to Our Repairer or Logistics Provider at Your cost, and We provide You with a Replacement or Equivalent Product, You may collect that new product at Your cost. If You do not collect it, We will pay the costs of delivery to You.
WHO IS LIABLE FOR ANY DATA, SOFTWARE, FIRMWARE OR APPLICATIONS LOST DURING REPAIR?
To the fullest extent permitted by Law, neither We nor LocalCover Canada will be liable for any loss or corruption of Data, software, firmware or applications.
When a party is unable to perform an obligation imposed on it by this Agreement, other than an obligation to pay money, and that failure is largely caused by or in connection with Force Majeure that failure shall not be deemed to be a breach of this Agreement. If a failure caused by Force Majeure persists for more than 30 Business Days, then either party may give notice to the other terminating this Agreement as at the date of such notice. Neither party will be permitted to enjoy, profit or otherwise gain from or benefit from this Force Majeure provision if their failure is caused by their negligence or by their financial difficulties or by their failure to advise the other party promptly that they were affected by an event of Force Majeure.
WHAT OTHER TERMS APPLY?
The benefits to You under Your LocalCover Warranty do not replace any of the rights, benefits, protections and remedies that You have under the Law of Your Province or Territory of Residence or any other Law, including any warranties that are automatically applicable by operation of Law.
If You have a Manufacturer Warranty or a Supplier Warranty for the Covered Product, Repair or Replacement under the LocalCover Warranty may limit or void it, and You agree that neither We nor LocalCover Canada will be liable for any such limitation or loss of cover.
The Warranty is only for Your benefit as the original purchaser of the Covered Product. Except where applicable Law in Your Province or Territory of Residence provides otherwise, You cannot sell or otherwise transfer it to another person or entity, and no other person or entity can make a claim under it.
You warrant as follows: (i) that you are at least 13 years of age or older; (ii) that you have full legal capacity to contract with us; and (iii) that you have the ability to understand the character, nature, language and effect of the LocalCover Warranty.
This Agreement and any disputes about it are governed by the Laws of Your Province or Territory of Residence and the federal laws of Canada applicable therein and under the exclusive jurisdiction of the Courts of Your Province or Territory of Residence.
You hereby expressly agree that this document and all ancillary agreements, documents or notices relating thereto be drafted solely in English. Par les présentes, vous convenez expressément que ce document et toute autre convention, document ou avis y afférent soit rédigé uniquement en anglais.
SPECIFIC EXCLUSIONS AND LIMITATIONS OF COVER
A Claim may only be made after Delivery.
No Claim may be made for, or in respect of any loss or damage to the Covered Product that is not caused by the Product itself being Faulty, but instead is caused directly or indirectly by any one or more of the following:
- User related faults including No Fault Found, or where the fault or the product itself is not covered by the Warranty.
- Products that become Faulty during or as a consequence of the use of firmware, software, power supplies, adapters, chargers, connecters, or any other peripheral or accessory equipment or service not supplied by the Manufacturer or Us for the Covered Product unless approved by the Manufacturer for use with that product in Canada.
- External forces, conditions or events such as (by way of example only) insect, animal or vermin activities or infestation, burns, exposure to excessive heat, cold, moisture or dampness, immersion in, or the application of water or any other liquids, or exposure to corrosive or toxic materials or atmospheres.
- The application or effects of any external force or trauma including dropping, striking, tearing, scratching, compression or crushing.
- The application of any force in an attempt to fit or wear a Covered Product that does not fit correctly (whether it is too small or too big for the purpose) causing fabric or other materials failure or stress and failure of any seams, stitching, buttons, zips or other fixings.
- Inadequate use, operation, maintenance or storage.
- Abnormal, excessive, dangerous, reckless or negligent use, operation, care, maintenance, wearing, cleaning, or storage.
- Any installation, connection, care, maintenance, wearing, cleaning, use, operation or storage not in compliance with any Manufacturer Instructions or Retailer Instructions, including by any third party.
- Theft of the Covered Product or loss or misplacement of the Covered Product by You.
No Claim may be made for, or in respect of any one or more of the following:
- Loss of Data, software, firmware or applications whether caused by or incidental to a Repair or otherwise.
- Consumable or expendable items, such as (by way of example only) disposable batteries and ink or toner cartridges, used in any way by or in connection with the Covered Product.
THIRD PARTY CONTRACTS, RELIANCE AND EXTERNAL FORCES
No Claim may be made for, or in respect of:
- Any cost You have or could have, claimed under any insurance policy.
- Any amount or the value of any benefit You have already obtained under Your LocalCover Warranty, Supplier Warranty or Manufacturer Warranty or from any other party in respect of the Covered Product or a Claim.
- Any loss or damage caused by flood, earthquake, volcanic eruption, tidal wave or tsunami, landslide, an act of God, piracy, terrorism, war, insurrection, uprising or rebellion, nuclear accident or incident, cyber-crime, strike, lock-out or industrial action.
- Any loss or cost caused by lawful confiscation by or on behalf of carriers of any kind, customs or border protection services, law enforcement authorities or government agencies.
WRONGFUL ACTS OR OMISSIONS
No Claim may be made for, or in respect of:
- Any loss where You have procured, instigated or deliberately caused damage or loss or otherwise caused or allowed a Claim to arise.
- Any loss caused by Your intentional or negligent failure to mitigate loss including any unreasonable delay or failure to lodge a Claim or any other material factor relevant to a Claim.
THE LAWS OF QUEBEC DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The LocalCover Warranty does not purport to improve the Covered Product beyond its condition as at the date of purchase by You.
The LocalCover Warranty does not guarantee that any Manufacturer in Canada will provide facilities for repair or parts for Your Covered Product.
The LocalCover Warranty does not guarantee the performance, efficiency or compatibility of the Covered Product with any software, firmware, system or any other product, service or process.
Certain provisions of this Agreement operate or may operate for the benefit of LocalCover Canada, and the parties agree that they intend that LocalCover Canada may enforce those provisions directly. Otherwise, this Agreement does not create any obligation or benefit enforceable at the suit of any person who is not a party to this Agreement.
Neither We nor LocalCover Canada or any of Our respective officers, employees, contractors or agents (‘Other Parties’) will be liable for any loss of profits, business, goodwill or opportunity or any special, indirect or consequential loss or damage arising from or in connection with this Agreement.
To the fullest extent permitted by Law, Our liability and the liability of LocalCover Canada and the Other Parties to You, whether in contract, tort or otherwise (including negligence) arising out of or in connection with this Agreement is limited to a combined maximum of CDN$5,000.
If you are resident in British Columbia, every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced with the time set out in the Insurance Act (British Columbia).
By purchasing and registering Your Warranty, You will be supplying Us with personal information. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by Law. If We learn that personal information has been collected from someone under 13 years of age, We will take appropriate steps to have this information deleted.
You agree that We may share Your information with LocalCover Worldwide Limited and its related companies, and with such other people and entities as necessary to enable Us to administer Your Warranty, including processing and managing Claims.
Unless the context requires otherwise in this document, references to:
Agreement means this LocalCover agreement.
Business Day means any day that is not a weekend day, or statutory or provincial holiday in Canada.
Cash Payment means any payment LocalCover Canada makes to You in settlement of a Claim, being an amount up to the Original Purchase Price.
Claim means any request or demand for services to or for a Covered Product made by You under a LocalCover Warranty.
Cooling-Off Period means the period of thirty days from the date You pay the LocalCover Fee.
Cover Period means the period of Your LocalCover Warranty as specified in the Cover Summary.
Cover Summary means the cover summary included in this Agreement.
Covered Product or Product means Your product listed in the Cover Summary.
Data means any images, text, music, files, numbers, passwords, or any other form or type of media or record whether stored on, in or in connection with a Covered Product or otherwise and whether it is owned, generated, downloaded or shared by You, or licensed to You or which was present in or loaded onto Your Covered Product prior to Delivery.
Delivery means physical delivery to You of Your Covered Product in full working order under Our Retailer Terms by Us or on Our behalf in accordance with the instructions/delivery details You provided to Us at the time of sale to a location within Canada and ‘Delivered’ has a corresponding meaning.
Equivalent Product means a product, either new or refurbished, that LocalCover Canada considers to be essentially similar to Your Covered Product regarding features and specifications and which has the same or better functionality or utility allowing for technological change and fashion as applicable.
Faulty means in respect of a Covered Product a fault, defect or failure that is not excluded from Cover.
Force Majeure means any act of God, strike, lockout, work stoppage or other labour hindrance, confiscation or expropriation, embargo, blockade, insurrection, public mains supply failure, fire, flood, storm explosion, nuclear accident, sabotage, revolution, riot act of war whether declared or not, warlike operations, requirement or intervention of authorities, order of court, earthquake, slide, epidemic, quarantine restriction, software failure, major internet failure, cyber-crime or warfare including denial of services attack or any other similar cause beyond the reasonable control of the parties which prevents, hinders or interferes with the performance of their obligations under this Agreement.
Identical Product means either a product to a value of no more than the Original Purchase Price that is made by the same Manufacturer and is the same as the Covered Product, and (where applicable) has the same model number, or a manufacturer certified refurbished product of the same appearance, performance and specification as the Covered Product.
Law means any international law or treaty and any national, federal, EU, state, provincial, district, territorial, municipal or local law or regulation applicable in any way to the purchase, transport, export, import, use, repair or replacement of the Covered Product, the sale and administration of LocalCover Warranties and the collection, use, transmission and storage of personal information.
LocalCover Canada means LocalCover (Canada) Limited NZBN: 9429041357897 or any other or subsequent LocalCover provider for Canada.
LocalCover Fee means the purchase price of Your Warranty including any sales taxes You paid and in the currency invoiced to You as recorded in the Cover Summary, not to exceed CDN$200 to customers in Alberta.
LocalCover Warranty or Warranty means the online international cross-border retailer warranty against defects provided by Us to You under this Agreement for Your Covered Product.
Logistics Provider means a supplier or facility We have approved for the receipt, handling, freight, transport, storage, disposal, recycling, dismantling or other services in connection with the assessment of faults in and Repairs to Covered Products and the provision of Replacements and Equivalent Products.
Manufacturer means the party that substantially made, built or assembled or procured others to make build or assemble the Covered Product and includes the last party which applied or procured to be applied significant labour and materials to the Covered Product before the sale to You.
Manufacturer Instructions means any instructions applicable to the Covered Product as at the earlier of the date of order and the date of sale to You whether provided by Us to You or displayed on the Manufacturer Website and relating to the purpose, installation, cleaning, care, operation or any other relevant feature of the Covered Product.
Manufacturer Warranty means the express Manufacturer warranty (if any), applicable to a Covered Product.
Manufacturer Website means any website containing current product information maintained by or for the Manufacturer.
No Fault Found means a diagnostic finding by a Repairer that the Covered Product is not Faulty.
Original Purchase Price means the amount You paid for the Covered Product in the currency invoiced to You, including:
- the standard or the lower cost among any choices of Delivery charges (if any); and
- any taxes, duties, levies, penalties, costs, imposts, fees , charges or expenses of any kind reasonably incurred by you to enable the import of Your Covered Product or collected by Us on behalf of the Canadian government, other than any non-standard clearance costs charged by or on behlf of the Canadian government, such as drug testing or fumigation.
Province or Territory of Residence means the province set out in Your address in the Cover Summary.
Repair means the application by a Repairer to a Covered Product of such labour and parts as is reasonably necessary or expedient to remedy a Faulty Covered Product and may include the use of manufacturer certified refurbished parts.
Repairer means a repairer authorised by Us to assess and Repair a Covered Product and which may also provide Us with freight, transport, storage, recycling, dismantling or disposal services.
Replace means to substitute the Covered Product with an Identical Product.
Replacement means an Identical Product provided by LocalCover Canada in substitution for a Covered Product.
Retailer, We, Us, Our means the LocalCover Retailer set out in the Cover Summary.
Retailer Instructions mean any instructions We provide You for the Covered Product as at the date of the order by You whether provided by Us to You or displayed on Our Retailer Website and relating to the use, purpose, cleaning, care, operation or any other relevant feature of the Covered Product.
Retailer Terms mean all of Our terms and conditions, warranties, policies, assurances, protections, promises and guarantees advertised on Our Retailer Website applicable to the sale of the Covered Product to You, other than the LocalCover Warranty and also excluding any terms implied by statute.
Retailer Website means the website domiciled outside Canada operated by Us from which You ordered the Covered Product.
Supplier means the party that has provided a Supplier Warranty.
Supplier Warranty means the express Supplier warranty (if any) applicable to a Covered Product that is not the LocalCover Warranty or a Manufacturer Warranty.
You or Your means the one natural person identified as the Customer in the Cover Summary.
This Agreement is interpreted and applied in accordance with the following principles:
Business Days: anything required to be done on a day that is not a Business Day shall be done on the next Business Day.
Internal references: any reference to a section, part or paragraph of this Agreement is a reference to the relevant part.
Cover Summary: the Cover Summary shall be deemed to be part of this Agreement.
Documents: any reference to a document includes reference to it as amended from time to time.
Headings: any heading is both for convenience and can be taken into account in interpretation.
Including the words ‘include’ and ‘including’ do not imply any limitation.
Interpretation rule: the rule of interpretation known as the Contra Proferentem rule (i.e. interpretation of the contract against the retailer) shall not apply to this Agreement, except where its application is mandatory under Law.
Joint and several: any obligation under this Agreement that binds two parties binds them jointly and severally.
Other rights: the giving of a right to a party does not of itself imply limitation of any other rights of that party.
Party: any reference to a party to this Agreement that is, You or Us includes personal representatives, successors and permitted assigns.
Person: except where otherwise specified in this Agreement, a reference to a person includes a natural person, a company or other incorporated entity, a government agency or authority and any other body of persons whether incorporated or unincorporated.
Provisions: a reference to a provision of this Agreement or any other document, understanding, or arrangement includes a reference to express and implied terms.
Severance: If any provision of this Agreement is or becomes invalid or unenforceable, that provision shall be deemed deleted from this Agreement and such invalidity or unenforceability shall not affect the other provisions of this Agreement, subject to any consequential modifications made necessary by such deletion.
Right: a reference to a right includes a benefit, remedy, discretion, authority or power.
Restrictions: a restriction or prohibition on You doing any act or omission includes a reference to not permitting, assisting, suffering or encouraging that thing to be done and not attempting to do that thing.
Singular and plural: words including words defined in this Agreement that only denote the singular shall include the plural and vice versa, and words importing a gender shall include the other.
Statutory provisions: a reference to any Law includes reference to it as amended, re-enacted or replaced from time to time.
ELECTRONIC ACCEPTANCE AND DELIVERY
You agree that this Agreement, and any other related attachments or documentation, may be used and accepted in electronic form. You also agree that this Agreement, and any further information related to this Agreement, may be delivered to you in electronic form to the email address set out in the Cover Summary.