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Harbucks Basic Plan Terms and Conditions

Services Covered
This plan covers the diagnosis, repair, adjustment or, if applicable, the replacement, (all as we deem necessary in our absolute discretion) of specified parts related to the plumbing, piping and drains inside your home. If your property is a condominium, to the point of connection with the common elements, which would be your plumbing and drain system. This Plan covers ONE residential property only and is strictly non-transferable. Businesses, multi-tenant residential properties, student residences, mobile homes, commercial, or non-residential properties are not eligible for this plan.

Parts Covered

The following is a comprehensive list of the parts in your plumbing and drain system covered by this plan:

  • Replacement of faulty toilet part(s) ONCE per calendar year.
  • Replacement of ONE faucet cartridge ONCE per calendar year.
  • Repair of a blocked kitchen drain ONCE per calendar year.
  • Repair of a blocked bathroom or laundry drain ONCE per calendar year.
  • Repair of a blocked toilet with a plunger/hand snake ONCE per calendar year.
  • 48 Hour Priority Scheduling.
  • 5% discount on all other plumbing services.
  • The cost of repairs per year shall not exceed $1,200, any charges over $1,200 will be billed accordingly.

The following items are excluded from coverage by this plan:

  • Drainage pipe repairs or replacement.
  • Clearing blocked toilets, sinks and showers using power jetter and use of camera scoping for below grade drains.
  • Faucet/spout repair including replacement of washers, gaskets and/or cartridges in showers and baths.
  • Faucet replacement.
  • Mechanical pop-up stoppers.
  • Mixing valves contained in hydronic heating systems
  • Hands free faucet repair
  • Toilet flange, and toilet repairs requiring lift and reset
  • Dual flush toilet parts
  • Frost free outside hose bibs
  • Annual or routine plumbing inspection or cleaning (including cleaning of drains or catch basins)
  • Inspection and repair of backwater valves
  • Changes to/or problems with municipal water services
  • Repair or replacement of other fixtures, appliances or equipment, water heaters, water softeners, water filtration systems, septic systems, sink basins, toilet seats, toilet tanks or bowls, bathtubs, showers, bidets, boilers, boiler piping and valves, radiators, radiator piping and valves, humidifiers, refrigerators, washing machines, dishwashers, hot tubs, swimming pools, out-building supplies, decorative garden features, rainwater downspouts or eavestroughs, weeping tiles, backflow preventers, check valves, radiant in-floor heating and Saniflo electrical units for toilets.
  • Repairs made necessary because of faulty fixtures, appliances or equipment, sump pumps.
  • Repairs of or cleaning blockages in main drain or other below grade drains.
  • Installation of new or replacement backwater valves.
  • Repair or replacement of circulation pumps.
  • Washing machine hoses.
  • Repair or replacement of motors, heaters, jets, or related piping provided to bathtubs, hot tubs or swimming pools.
  • Fresh water tubes and drain tubes related to appliances.
  • Heating equipment piping/drains, or septic systems and their outflow pipes.
  • Pipe replacement required where pipe design/integrity has resulted in poor pressure (e.g. the calcification of galvanized or lead piping or integrity problems related to hard water).
  • Drain piping repairs caused by improper installation or settling.
  • Replacement of galvanized, lead, cast iron, ky-tec, or non-PEX plastic piping.

In addition to and without limiting the Limitation of Liability provision below, and notwithstanding the inclusions of the plan above:

  • 1. This plan does not cover, and Harb Plumbing will not be obligated to service, maintain, or repair, any part of your plumbing and drain system that has been subjected to unreasonable, abnormal, negligent, or willfully harmful use, as objectively determined by Harb Plumbing.
  • 2. If we perform repairs covered by this plan but are of the opinion, acting reasonably, that such repairs will be necessary due to a root cause not covered by this plan, we will provide a written estimate of the work required to correct the root cause and no further work will be performed for a reoccurring problem until the root cause diagnosed has been corrected.
  • 3. If, in order to correct problems with the plumbing and drain system, repairs are necessary and are not covered by this plan, we will provide a written estimate of the work required to make such repairs and no further work will be performed to correct such problems until repairs have been made in respect of the problem originally diagnosed.

Billing and Payment

You will be invoiced on a quarterly basis. Payment is required in full within fifteen (15) days of the date on the invoice. An invoice shall not be issued if you have a credit balance with Harb Plumbing. You will also receive an invoice upon registration if you opt in for the annual membership subscription. Payment can be made in the following ways; (i) cheque or money order payable to Harb Plumbing and provided there is no known interruption in postal services, sent by mail to Harb Plumbing, 4380 South Service Road, Unit 15, Burlington, ON L7L 5Y6. Your account number should be included on the front of your cheque or money order, (ii) at a financial institution in the manner of your choice (including paying at an automated teller machine, through telebanking or internet banking), and (iii) completion of a pre-authorized payment (“PAP”) direction. We will notify you fifteen (15) days prior to the first PAP. You will only receive invoices thereafter if there is a change to the amount of the PAP. On approximately the same day (a “PAP Date”) each quarter the charges set out on your bill are due and we will debit the account identified in the banking information you have provided (or any other account that you may identify to us from time to time) for those charges and all other amounts you owe us. If the PAP Date falls on a weekend or statutory holiday, your account will be debited on the next business day. We will not notify you in advance of each PAP Date.

You will be charged $25 for any cheque that is returned unpaid by your bank or for any PAP that cannot be processed for any reason not attributable to Harb Plumbing. If more than one customer is named on the front of your bill, you understand that each of you is jointly and severable liable, for all obligations arising herein.

Cancellation

Unless you opt in for the annual membership subscription, your plan is in effect for a one-month term, which term shall automatically be renewed for successive one-month terms until cancelled by written notice to the other party. Such cancellation will be effective on the date written notice is given unless the party giving the notice indicates otherwise within such notice. If you cancel this agreement, you will remain liable to us for any outstanding amounts owing on your account. In the event that we cancel this agreement, our liability will be restricted to a refund, if any, of the unexpired portion of any payments made, and to completing any repairs or parts placements covered by your plan for which you have notified us up to the date of the termination of this agreement.

Notice of Changes

You agree to promptly inform us of any change of your mailing address at least 30 days in advance of such change. If you have chosen to make your payments under this Agreement by PAP, you must inform us in writing of any changes in the bank account information you provided. Notice of any change should be sent to us at Harb Plumbing, 4380 South Service Road, Unit 15, Burlington, ON L7L 5Y6 or call us at 905-333-HARB (4272) or visit us at harbplumbing.co or email us at [email protected].

Unavailable Parts and Part Replacement; Team Member Safety

If a part is unavailable, we will attempt to obtain a replacement part or an equivalent substitute as quickly as possible, but limited availability of certain parts may result in delays from time to time. In the unusual event that we cannot provide a replacement or an equivalent substitute, we will not be liable for any resulting damages. Parts replacement or equivalent substitutes are solely at our discretion. Any part that is found to be defective and is replaced under your Plan coverage becomes our sole property and may be disposed of at our discretion.

Safety of Harb Plumbing & Accessibility

No service or repairs under the Plan will be provided if our employee/contractor assigned refuses to enter a residence due to the presence of animals, insects, unsanitary conditions, or unsafe conditions, or is unable to provide service due to a lack of accessibility. In the event of such unsanitary or unsafe conditions, as determined by us acting reasonably, we may, in our sole and absolute discretion, terminate your Plan.

Limitation of Liability

We are not the manufacturer or supplier of the plumbing and drain system and we make no representations, warranties, or conditions of any kind with respect to such systems.

You agree to hold us harmless from any loss, damage, or injury of any type arising out of or related to your Plan, caused or contributed in any way by the use and operation of the plumbing and drain system or any indirect, incidental, special, or consequential damages, even if reasonably foreseeable.

If we are not able to perform any of our obligations because of circumstances or events beyond our control, including but not limited to acts of god, floor, fire, earthquake, or explosion, war, invasion, government order or law, strikes, labour stoppages, epidemics, shortage of equipment, and other similar events, we shall be excused from the performance of such obligations for the duration of such circumstances or events and we shall not be liable to you for such failure to perform.

This is not an insurance plan. By entering into this Plan, you explicitly acknowledge and agree that the Plan does not cover any losses, repairs or replacements arising from abuse, accidental or deliberate damage, theft, vandalism, fire, flood, freezing, earthquake, other natural disasters, acts of war, acts of God, unauthorized repair, if components of the plumbing and drain system have been turned off, improper settings, or household electrical problems.

You will indemnify us from all claims, losses, and costs that we may suffer or pay, or may be required to pay, including legal expenses, in connection with the plumbing and drain system, your Plan or the use and operation of the system, including any claims against us for any injury or death to individuals or damage to property.

Privacy

We may collect and use personal information provided by you for the purposes of verifying your identity (including for regulatory compliance purposes) and your creditworthiness (including by obtaining and using credit reports). Birth dates, Social Insurance Numbers, or other personal identifiers, if provided, may be used to verify your identity, including matching credit records. We may collect credit, financial and related personal information for these purposes from you, your product dealer, our affiliates, credit bureaus and credit reporting agencies, and from references you may have provided to us.

You consent to the disclosure of such information by these parties to us. You agree that we may, from time to time, use the above information and other personal information collected or compiled by us in connection with this agreement (including account status and payment history) (collectively, the “information”) for the purposes of opening, administering, servicing and enforcing this agreement, collecting amounts owing to us, verifying and evaluating your current and ongoing creditworthiness and financial status, responding to your inquiries and otherwise communicating with you regarding your account. For the purpose of maintaining your credit history and providing credit references, we may from time to time disclose credit-related Information to credit bureaus, credit reporting agencies and to your current or future creditors. If you have provided your banking information, we may use and exchange it with your and our financial institutions for payment processing purposes.

We may otherwise use your information and disclose your information to third parties as necessary, to enforce this agreement and otherwise collect amounts owing to us; for the purposes of detecting and preventing fraud; in connection with audits; and generally, for the purposes of meeting legal, regulatory, risk management and security requirements.

Our successors and assigns may collect, use, and disclose your information for substantially the same purposes as described herein. We may use agents and service providers (including affiliates acting in that capacity) to collect, use, store and/or process personal information on our behalf, and your information may be transferred to these entities for the purposes described in this paragraph.

We and our corporate affiliates may use your contact information to provide you with occasional information about other products and services. However, you may refuse consent for this purpose by contacting us within thirty days after you receive this agreement at 905-333-HARB (4272), and we will not use your information for this purpose. You may at any time thereafter withdraw consent to our use of personal information for this purpose by calling the above number (please allow a reasonable time for us to process your request). You may request access and correction of your information, subject to applicable legal restrictions, or make other inquiries regarding your personal information by writing to us at 4380 South Service Road, Unit 15, Burlington, ON L7L 5Y6, Attention: Privacy Matters. You consent to the collection, use and disclosure of your personal information as may be further described in our Privacy Policy, available at https://samharbplumbing.com/wp-content/uploads/2024/02/PrivacyPolicySamHarbFamilyPlumbing-1.pdf, and which we may amend from time to time, and as otherwise permitted or required by law. The consents provided above shall be valid for so long as required to fulfill the purposes described in this paragraph.

Other Terms

  • We will not reimburse you for the costs of services or parts replacement performed by contractors that have not been authorized by us.
  • Except as specifically provided, your Plan coverage is non-refundable.
  • We have the right to amend, from time to time, any term that applies to your Plan, including any Plan rates and charges, by sending you prior notice of the change and such change will be effective 30 days after the date set out in that notice.
  • The costs of redecoration and restoration costs required as a result of any work performed in connection with any of the Plan are not covered. This includes wallcoverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, countertops, landscaping, or repair of any structural or cosmetic defects.
  • The Plan shall enure to the benefit of and be binding upon the parties and their respective successors and assigns.

General Legal Provisions

  • The division of these Terms and Conditions into sections is for convenience of reference only and shall not affect the interpretation or construction of this Agreement.
  • The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and each of the parties hereto agrees irrevocably to conform to the non-exclusive jurisdiction of the Courts of such Province.
  • It is the explicit intention of Harb Plumbing to abide by all aspects of the Consumer Protection Act (Ontario).
  • Any words importing the singular number shall include the plural and vice versa, and words importing the use of any gender shall include the masculine, feminine, and neuter genders and the word “person” shall include an individual, a trust, a partnership, a body corporate, an association or other incorporated or unincorporated organization or entity.
  • If any provision is determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining part of these Terms and Conditions, and such unenforceable provision shall be severed from the remainder of this Agreement. In this Agreement, words importing the singular number shall include the plural and vice versa, and words importing the use of any gender shall include the masculine, feminine and neuter genders and the word “person’ shall include an individual, a trust, a partnership, a body corporate, an association or other incorporated or unincorporated organization or entity.
  • If any dispute arises between the parties over the interpretation, applicability, or enforcement of any provision hereof, the parties shall first attempt to negotiate a resolution of such dispute, either with or without the involvement of counsel (“Negotiation”). In the event that the parties have engaged in Negotiation and have not been able to resolve such dispute then, at any time after the conclusion of such unsuccessful Negotiation, any party to such dispute may refer the dispute to mediation, to be conducted by a suitable mediator to be agreed upon by the parties to the dispute and, if the parties are unable to agree on the mediator then each party to the dispute shall submit a list of two (2) mediators and one mediator’s name shall be randomly drawn from among the names submitted, by an impartial third party, and that mediator shall conduct the mediation (“Mediation”). In the event that the parties to a dispute were unable to resolve the dispute by way of Mediation, then at any time after the conclusion of such unsuccessful Mediation, any party to such dispute may refer the dispute to arbitration, to be conducted by a suitably experienced single arbitrator pursuant to the Arbitration Act, 1991 (Ontario), such arbitrator to be agreed upon by the parties to the dispute and, if the parties are unable to agree on the arbitrator then each party to the dispute shall submit a list of two (2) arbitrators and one arbitrator’s name shall be randomly drawn from among the names submitted, by an impartial third party, and that arbitrator shall conduct the arbitration (“Arbitration”). The Arbitration shall be conducted in accordance with the terms and conditions of the arbitrator’s usual form of arbitration agreement, provided that same shall allow for an appeal of the arbitrator’s decision and award only on the basis of an error or law, and for no other reason. Otherwise, the arbitrator’s decision shall be final and binding on all parties concerned.