Terms and Conditions for Future Shop customers who have purchased the Product Replacement Plan
Services Contract and Benefits Contract
Part 1 - General
Purchaser: Reference in this document to “you” and “your” (whether or not capitalized) refer to the purchaser of this Product Replacement Plan (“Plan”) or any permitted transferee.
Two Contracts: You have elected to purchase the Plan for the price and in respect of the product purchased from “Future Shop” means Best Buy Canada Ltd. as shown on your original invoice. In doing so, you are entering into two legal contracts; as follows:
- a Service Contract consisting of your original purchase invoice and Parts 1 and 2 of this document which is made between you and Assurant Services Canada Inc. (“Assurant”) for the provision by Assurant to you of the services described in Part 2 of this document (“Services”) in relation to products purchased from Future Shop; and
- a second distinct Benefits Contract consisting of your original purchase invoice and Parts 1 and 3 of this document, which is made between you and American Bankers Insurance Company of Florida (“American Bankers”) for the provision by American Bankers to you of the benefits described in Part 3 of this document (the “Benefits”) in relation to product purchased from Future Shop.
You acknowledge that you have had the opportunity to read and that you accept the terms and conditions of the Services Contract and the Benefits Contract as set out in this document.
Plan Purchase Price: The Plan purchase price payable is as shown on your original invoice. The Plan purchase price is comprised of a payment to Assurant for the Services Contract and payment to American Bankers for the Benefit Contract. The % attributable for the Benefits Contract are as set out on your original purchase invoice.If you have any questions in respect of these amounts you may call 1-800-663-2275.
Covered Products and Accessories: This Plan only covers the replacement of defective products purchased from Future Shop for which you have paid the Product Replacement Plan purchase price. The Plan only covers products for manufacturer’s defects in materials and workmanship that reveal themselves in normal usage and used primarily for personal, family or household purposes or in a home office setting, unless specifically noted as a commercial Plan on your original purchase invoice. Accessories and peripheral devices (“Accessories”) that are included with and form part of your covered product in the original manufacturer’s package are covered. Examples of Accessories may include external speakers, monitors, keyboards, mice, remote controls, and docking stations. Your original purchase invoice is required to obtain Services and Benefits.
Manufacturer’s Warranty: This Plan complements but does not replace the manufacturer’s warranty or warranty obligations. Parts and services covered by the manufacturer’s warranty and warranty obligations are the responsibility of the manufacturer only. During the manufacturer’s warranty and warranty obligations period, please contact the manufacturer directly for all such claims. Should you contact Assurant with respect to Services or American Bankers with respect to Benefits for a problem covered by the manufacturer’s warranty or warranty obligations, you will be referred to the applicable manufacturer. During the term of the manufacturer’s warranty, the Plan provides certain additional Services and Benefits for which the manufacturer may not provide coverage. These additional Services and Benefits are set out below in Parts 2 and 3, respectively. If the product covered by this Plan is found to be defective during the term of the manufacturer’s warranty, you have the option of a) availing yourself of the benefits of the manufacturer’s warranty if applicable directly from the manufacturer and retaining the balance of your coverage under this Plan or b) obtaining a replacement credit under this Plan after which time Assurant and American Bankers will have fulfilled all their obligations under your Plan.
Customer Responsibility: Before providing your product for exchange, remove any confidential, proprietary or personal information, and removable media, such as CDs, DVDs or PC Cards. It is your responsibility to back up the contents of your hard drive(s) and remove any data from parts or products being returned. Neither Assurant, nor Future Shop, nor American Bankers will be responsible for any damage to or loss of any programs, data, or other information stored on any media or any part of any product that is replaced. In Quebec, the foregoing is not intended to liberate Assurant, Future Shop, or American Bankers from the consequences of its own acts or the acts of its representatives. When sending a product for exchange you are responsible for properly packaging your product and it must be delivered in either its original packaging or packaging affording an equal degree of protection.
Duration of Plan: Access to Services and Benefits commences on the original product & Plan purchase date. The Plan, the Services Contract and the Benefits Contract will end on the earliest of:
(i) the expiry date noted on the original purchase invoice;
(ii) fulfillment of the Plan as outlined in the section below titled Replacement and Power Surge Benefit; or
(iii) cancellation of the Plan under the following section titled “Cancellation”.
None of Assurant, American Bankers, Future Shop or you will have any further rights, liabilities or obligations under the Plan, the Services Contract or the Benefits Contract, once ended.
Cancellation: Assurant will cancel the Services Contract, and American Bankers will cancel the Benefits Contract, on the basis of: (a) your fraud or misrepresentation; (b) your commercial or rental use of the product (except where permitted by a commercial Plan); or (c) an unauthorized repair of a product (not done under manufacturer’s warranty or by a certified and qualified technician) after thirty (30) days notice. You may cancel your Plan, and the Services Contract and the Benefits Contract, for any reason at anytime within thirty (30) days of purchase and receive a full refund of the Plan price, less the cost of services received and benefits paid (if any). To receive your refund, you must deliver the cancellation request along with this document and all original invoices to a Future Shop store. After thirty (30) days, no refund will apply.
Transferable: This Plan is transferable with the product. The Plan holder must have original documentation to receive Services and Benefits.
Entire Agreement: Your original purchase invoice and Parts 1 and 2 of this document are intended by the parties to be a final statement of the entire Services Contract between you and Assurant and supersede all prior negotiations, understandings and agreements concerning the subject matter of the Services Contract. No amendment or modification of the Services Contract will be binding, except by a written agreement signed by the party to be bound thereby.
Your original purchase invoice and Parts 1 and 3 of this document are intended by the parties to be a final statement of the entire Benefits Contract between you and American Bankers and supersede all prior negotiations, understandings and agreements concerning the subject matter of the Benefits Contract. No amendment or modification of the Benefits Contract will be binding, except by a written agreement signed by the party to be bound thereby.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC: No oral or written representations, warranties or conditions of the Services Contract or the Benefits Contract will be binding, except by a written agreement signed by the party to be bound thereby.
General: Assurant and/or American Bankers may assign this Plan and their respective contracts without your consent and without notice to you. If either Assurant or American Bankers does assign this Plan and/or their respective contracts, the assignee(s) will assume all obligations to you, Assurant and/or American Bankers as the case may be will be released of all obligations, and you agree to look solely to the assignee for the performance of all obligations under Plan and/or the respective contracts. Parts 1 and 2 of this Plan may not be modified, altered or amended without the written agreement of you and Assurant. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by you and Assurant. Parts 1 and 3 of this Plan may not be modified, altered or amended without the written agreement of you and American Bankers. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by you and American Bankers. If any term of this Plan or the respective contracts hereunder is held to be illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
General Exclusions: The following are not covered in respect of the Services (Part 2) and Benefits (Part 3) provided by this Plan:
- replacement necessitated by any causes other than normal usage and operation of the product in accordance with the manufacturer’s guidelines, including, but not limited to, theft, exposure to weather, moisture and other environmental conditions, negligence, accidental or intentional physical damage, misuse, abuse, unauthorized repairs, improper installation, transportation damage (except damage incurred by authorized shipment of product(s) to and from an authorized service), improper equipment modifications, vandalism, spilled liquids, burned phosphor (including image ghosting), pixel burnout not in accordance with the manufacturer’s guidelines, computer viruses, software generated problems or acts of nature or any other peril originating from outside of the product;
- lost parts (remotes, knobs, or other similar parts) or consumable parts, including, but not limited to, cartridges, drums, bulbs (including lamps and optical units), end-user replaceable batteries, non end-user replacement batteries for laptops, desktops, notebooks and netbooks, laptop power source batteries, and end-user replaceable print heads;
- products covered under a Future Shop Product Service Plan;
- products with removed or altered serial numbers;
- products used for commercial purposes, used by the general public, used as a lease or rental or used in common areas in multi-family housing, unless noted specifically as a commercial Plan on the original purchase invoice;
- unauthorized servicing and transportation charges;
- THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC: indirect, consequential or incidental damages, including, but not limited to, loss of profits, loss of data, down-time and charges for time and effort;
- fees related to third party contracts;
- “no problem found” type diagnosis and intermittent errors that cannot be reproduced or minor imperfections in units that meet design specifications or cosmetic imperfections that do not alter functionality; or
- personal items left in the product.
NONE OF ASSURANT, FUTURE SHOP OR AMERICAN BANKERS ARE LIABLE TO YOU IF THEY ARE UNABLE TO PERFORM DUE TO EVENTS THEY ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC: NONE OF ASSURANT, FUTURE SHOP OR AMERICAN BANKERS ARE LIABLE TO YOU FOR VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
ASSURANT’S, FUTURE SHOP’S AND AMERICAN BANKERS’ MAXIMUM LIABILITY TO YOU HEREUNDER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT TO BE SERVICED UNDER THIS PLAN. In Quebec, the foregoing is not intended to liberate Assurant, Future Shop and American Bankers; from the consequences of its own acts or the acts of its representatives.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IF APPLICABLE TO THE SERVICE OR BENEFITS CONTRACT, IS LIMITED IN DURATION TO THE DURATION OF THE PLAN.
Data Residency: Your information may be processed and stored in the United States and may be subject to access by United States authorities under applicable laws.
British Columbia Residents: Disclosure Notice Under the British Columbia Financial Institutions Act. The British Columbia Financial Institutions Act requires that the information contained in this Disclosure Notice be provided to a customer at the time of providing a service or product.
- The Services Contract is between you and Assurant and the Benefits Contract is between you and American Bankers.
- In arranging the contracts described above, Future Shop, by whom the sales associate is employed, is representing Assurant and American Bankers.
- Upon completion of this transaction, Future Shop will be remunerated by way of a fee paid out of the purchase price of the Plan.
Quebec Residents: You have expressly requested the use of English version of this Product Replacement Plan, a French version of which is available upon request. C’est selon votre volonté expresse que la version anglaise de ce Plan de remplacement de produit est utilisée et la version française est disponible sur demande.
Part 2 – Services Contract Terms and Conditions
Assurant’s Obligations: Assurant is obligated to provide the Services to you, as the Services are described in this Part 2.
Plan Administration: Assurant’s Services include acting as administrator of the Plan, and in this capacity, Assurant will co-ordinate provision of and facilitate access to both the Services and the Benefits available under the Plan. American Bankers, under Part 3 Benefits Contract Terms and Conditions, will be responsible for the determination of whether any claims are covered under the Plan and for approval of delivery of Repair Services and Benefit payments.
Assistance & Replacement Services: Assurant will provide you with or arrange for you to have available to you certain Services to address manufacturer’s defects in materials and workmanship that reveal themselves in normal usage for the duration of the Plan. These Services include:
- Management of product replacement services, which entails:
Once we receive a request from you under the Plan, our representative will contact you within four hours.
To arrange for service: Please visit http:www.futureshop.ca/prp. You may also call Toll Free 1-800-663-2275 within Canada and the United States. Do not return your product to the store. Be sure you have the original purchase invoice available so that your claim can be processed. A Return Authorization Number (RA #) will be issued along with complete instructions, a mailing label and prepaid postage for you to ship your defective product.
Global Coverage: Global coverage is available on a limited basis. Call 613-634-4643 outside of Canada and the United States.
Part 3 – Benefits Contract Terms and Conditions
American Bankers’ Obligations: American Bankers is obligated to provide the Benefits to you, as the Benefits are described in this Part 3. American Bankers will be responsible for the determination of whether any claims are covered under the Plan and for approval of delivery of Benefits.
Replacement & Power Surge Benefit: One time during the term of the Plan, American Bankers will cover the cost of funding a Future Shop gift card which shall be delivered to you by Assurant under the Plan in replacement of a covered product found to be defective as a result of manufacturer’s defects in materials and workmanship that reveal themselves in normal usage and / or as a result damage from a power surge occurring during the term of the Plan. The gift card credit shall equal the original purchase price of the defective product, including applicable taxes. Note that if your covered product is found to be defective as a result of manufacturer’s defects in materials and workmanship that reveal themselves in normal usage occurring during the period of the manufacturer’s warranty, you may choose to exercise your rights under the Plan instead of under the manufacturer’s warranty, however, if you do so, and receive a store credit or gift card as described above, the Plan will immediately be deemed fulfilled and will not continue nor be applied to any replacement product purchased by you with the store credit or gift card.
Updated Jan 31, 2012.