Terms and Conditions for Future Shop customers who have purchased the Product Service 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 Service 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 products purchased from Future Shop for which you have paid the Product Service Plan purchase price.  The Plan only covers products 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, including where you have On-Site / Courier Service.  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.

Customer Responsibility: Before providing your product for service, 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) before services are performed and remove any data from parts or products being returned, including any data you have stored or software you have installed.  It is possible that the contents of any hard drive or data storage component will be lost or reformatted in the course of service and 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 serviced. 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. Your product will be returned to you configured as originally purchased (subject to availability of software). When sending a product to an authorized service facility as specified in these contracts 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 sections below titled “Repair Benefit & Power Surge Benefit Limitation”, “No Lemon Benefit” and “Replacement 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:

1. maintenance, repair or 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;
2. 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;
3. unauthorized servicing and transportation charges;
4. product(s) with removed or altered serial numbers;
5. 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;
6. 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;
7. fees related to third party contracts; or
8. “no problem found” type diagnosis and intermittent errors that cannot be reproduced; or
9. minor imperfections in units that meet design specifications or cosmetic imperfections that do not alter functionality.

Limitations:

1. 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.
2. 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.
3. 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.
4. 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 Service Plan, a French version of which is available upon request. C’est selon votre volonté expresse que la version anglaise de ce Plan de service sur les produits 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 & Repair Services:  Assurant will provide you with or arrange for you to have available to you certain Assistance Services and Repair 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:
 
Assistance Services:

• 24-hour / 7-day per week bilingual French/English product performance support, including technical assistance, repair services management.
• Technical assistance with product performance questions in order to expedite restoration of your product to normal operating conditions.
• 24/7 bilingual support to facilitate access to local and global manufacturer authorized repair service centers for parts or repairs

Repair Services:

• Management and provision of access to the Assurant Certified Service Network, which entails:

• Identification of and dispatch of a screened technician who is qualified to provide technical assessment and/or repair services for your covered product. Full diagnostic of covered products to determine source of defect
• Management of the repair process and delivery of services, as well as providing a single point of contact for you throughout the repair experience (i.e. mitigate service or scheduling conflicts with technicians).
• Monitoring and enforcement of service standards to ensure quality of service by our service centres and technicians
• Once we receive a service request from you, our technicians will contact you within four hours. 
• Certified Service Network:  Assurant ensures quality service delivery throughout North America with a network of certified service technicians to support the Canadian marketplace.  We can support service for all products and manufacturers in all cities across the country.  Assurant constantly monitors the quality of service that is received by customers, while at the same time ensuring preferred network rates are available for repair services.  This allows Assurant to ensure that it is providing the best service possible at rates that are deemed desirable.  Assurant also requires its service repair centres to maintain suitable repair facilities in accordance with good business practices.  In addition, they are required to maintain appropriate licensing in compliance with applicable local, provincial and federal laws that pertain to repair center businesses.

To arrange for service, call 1-800-663-2275 or take your product to a Future Shop store.  For any claims covered under the Plan, Assurant will attempt to clarify the problem or identify technical reason(s) for the fault prior to scheduling any On-Site service calls. Assurant may require that you perform simple repairs with our assistance by telephone support. Assurant will attempt to complete repairs under On-Site/Courier Service at your address. Due to the sensitive nature of some repairs, your product may be sent to an authorized service centre to complete the repair.  You must provide a safe, non-threatening environment and your product must be accessible as determined solely by Assurant’s authorized technicians in order to receive On-Site Service. For On-Site/Courier Service, if the fault diagnosis determines the problem is related to an Accessory, then a replacement may be mailed to you for self-installation. Assurant may request that you first deliver the defective Accessory to a Future Shop store. 

On-Site/Courier Service:  On-Site/Courier Service is included in all Plans purchased for projection TVs, plasma TVs and LCD TVs larger than 27”, major appliances and over-the-range microwaves. On-Site/Courier Service is an upgrade option for desktop computer/monitor packages. Laptop computers are only eligible for upgrading to Courier Service. Where On-Site/Courier or Courier Service is an upgrade option, such service must be noted on the original purchase invoice to be eligible.  For On-Site/Courier Service, you may be required to ship your product to an authorized service centre for repair if you live beyond a 60km radius of an authorized service centre or if an authorized service centre is not available in your area.  If Assurant is unable to arrange for On-Site service or commercially reasonable shipping charges to an authorized service location, you shall be entitled to a full refund of the purchase price of your Plan or to repairs on a carry-in basis.

Telephone Technical Hardware & Software Support:  Telephone technical support is available only on desktop and laptop computers covered by an On-Site/Courier Service option.  Assurant’s technical service representative will assist you on the telephone to determine what technical difficulties may exist with software applications that are preloaded on your new CPU from the original manufacturer. To the extent that the technical service representative’s diagnosis confirms a hardware failure, Assurant will assist you in arranging service for your product. Assurant does not support customized or proprietary software, those applications that were installed after your original product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, the Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or other.

Global Coverage: Global coverage is available on a limited basis. Call 1-800-663-2275 toll-free within Canada and the United States or 613-634-4643 outside of Canada and the United States to obtain detailed instructions and a repair authorization number prior to work being done. You must pay charges for global coverage services in advance to the service provider and submit a request for reimbursement to American Bankers through Assurant. If you are located outside of Canada or the United States, you will need to obtain a repair estimate from a local repair centre prior to contacting Assurant for a repair authorization number and prior to the work being done.

Global Coverage Limitations:  Global Coverage does not include On-Site/Courier Service.

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 Repair Services and Benefit payments.

Repair Benefit & Power Surge Benefit:  American Bankers will cover the cost of product repair services provided through Assurant’s Certified Service Network under the Plan. Such repairs must be associated with 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. Specifically, this benefit will cover technician and repair service center labour costs, as well as the cost of replacement parts necessary to restore your product to normal operating condition. Replacement parts cover may be restricted to refurbished or non-original manufacturer’s parts where available and that perform to the manufacturer’s specifications for the covered product.

Repair Benefit & Power Surge Benefit Limitation:  At American Bankers’ option, as opposed to covering the cost of repair, American Bankers may cover the cost of replacing your product with a new or refurbished product of similar features and functionality, though not necessarily of the same brand, or at American Bankers’ sole discretion you may be issued a store credit for the current replacement value, not to exceed the original purchase price. Technological advances may result in a replacement product with a lower selling price than the original product. If American Bankers issues a store credit or replaces a product after the date of expiry of the manufacturer’s warranty and during the term of this Plan, then the Plan will immediately be deemed fulfilled and will not continue nor be applied to any replacement product provided by American Bankers to you or purchased by you with the store credit.

Peace of mind GUARANTEE: The quality of workmanship by repair technicians under Assurant Certified Service Network is guaranteed for 90 days.

Repair Benefit Limitations:  Repairs are only covered under this Plan by American Bankers if effected through Assurant’s Certified Service Network and only if they are approved by American Bankers before the repairs are performed.

Carry-In Service:  All repairs completed under this Plan, except those noted in the ‘On-Site/Courier Service’ section below, will be performed at an authorized service centre, on a carry-in basis only.

No Lemon Benefit:  During the term of the Plan, if your covered product is repaired three times through Assurant’s Certified Service Network, and the product then requires a fourth covered repair, as diagnosed by an authorized technician, American Bankers will cover the cost of replacing the covered product with a product of similar features and functionality, though not necessarily of the same brand, or of issuing a store credit for the current replacement value, not to exceed the original purchase price. You must return the original product and purchase invoices along with the authorized service repair invoices from the three prior separate service repair incidents to qualify for this Benefit. Keep your service invoices; neither Assurant nor American Bankers can provide copies of service invoices. One service request number, requiring functional part(s) repair/replacement is the equivalent of one repair. The Plan will immediately be deemed fulfilled on the date of the replacement or issuance of a store credit and will not continue nor be applied to any replacement product provided by American Bankers to you or purchased by you with the store credit.

No Lemon Benefit Limitations:  The No Lemon Benefit does not apply to repair services that (a) are resolved by minor soldering or repair of loose wires; (b) do not result in a physical repair such as maintenance checks, cleanings, customer education; (c) consist of the replacement or repair of Accessories; (d) consist of reloading or servicing software; or (e) are performed outside Canada.

Replacement Benefit:  If a repair though Assurant’s Certified Service Network takes longer than 60 days to complete, American Bankers will cover the cost of replacing it with a new or refurbished product of similar features and functionality, though not necessarily of the same brand, or at American Bankers’ sole discretion, it may cover the cost of issuing you a store credit for the current replacement value, not to exceed the original purchase price. The 60-day service period begins when the product arrives at the Future Shop store or authorized service location and ends when the repaired product is made available to you for pick up. The Plan will immediately be deemed fulfilled on the date of the replacement or issuance of a store credit and will not continue nor be applied to any replacement product provided by American Bankers to you or purchased by you with the store credit.

Replacement Benefit Limitations:  The Replacement Benefit does not apply to maintenance checks, cleanings, customer education, repairs or replacements of Accessories including but not limited to remotes, docking stations, or other similar parts, or any repairs performed outside Canada.

Product Specific Benefits:  American Bankers will cover the cost of:

• pixel burnout coverage based upon manufacturer’s guidelines;

• authorized removal and reinstallation of your car audio product in the same vehicle for service purposes if originally installed by a Future Shop Technician; and
• an allowance of up to $200 for food spoilage per service repair for refrigerators and freezers. Food spoilage covers perishable items only and claims must be verified by an authorized service technician. You will be required to provide a copy of the invoice detailing the replacements goods.
• repair of blown speaker components not due to intentional abuse or misuse for speakers covered under this Plan.
• Shipping Charges:  Where due to the sensitive nature of the required repairs, your product must be sent to an authorized service centre to complete the repair; American Bankers will pay for the shipping charges, if any.

   

On-Site/Courier Service:  If you have purchased a Plan that includes On-Site/Courier Service, and if you are required to ship your product to an authorized service centre for repair, American Bankers will pay for commercially reasonable shipping charges.

Global Coverage:  If you require Global coverage and have obtained a repair authorization number from Assurant prior to work being done, American Bankers will reimburse you for charges paid by you in advance to the service provider.  Your request for reimbursement should be submitted to American Bankers through Assurant.

Global Coverage Limitations:  Global coverage does not include On-Site/Courier Service, No Lemon Policy or the Replacement Benefit.

Last updated on Jan 31, 2012