FCT Home Protection Solutions - Warranty Agreement
This Agreement is between First Canadian Title Company Limited (“FCT”) and you the client (hereinafter “Client”, “You” or “Your”, which refers to the owner of the property listed in step two). FCT is a services company providing Home Protection Solutions. You desire to obtain a Home Protection Plan warranty by providing your approved home inspection report (“Inspection Report”) for the purposes of underwriting the warranty, at the property address noted in step two.
DESCRIPTION OF HOME PROTECTION PLAN WARRANTY:
The Home Protection Plan Warranty is a warranty for the repair or replacement (subject to the terms and conditions of the warranty) of up to four major systems of the home: heating; cooling; roof; and foundation. The warranty coverage is for up to an aggregate maximum of $20,000 for eighteen (18) months from the date of issuance. Payment is due prior to the issuance of the warranty.
The details of this warranty can be found at warranty.fcthome.ca/resources.
In order for a home to qualify for a Home Protection Plan Warranty, the home inspection must be no more than three (3) months old, performed by an FCT Approved Inspector (criteria includes, but is not limited to the appropriate qualifications, certifications and/or standards determined by FCT, in its sole discretion) and the home inspection report must be provided in its entirety. Only the items inspected may qualify for warranty coverage. FCT reserves the right, in its sole discretion, to determine whether certain items are included/excluded as part of the warranty offering. Please refer to the Terms and Conditions located at warranty.fcthome.ca/resources for further details.
Client consents to the collection, use, and sharing of data used or provided in the inspection report to be provided to FCT, for their use in enrollment in the program, and for analyzing, aggregating, commercializing and reporting on the data, which may be provided to third parties in connection with ancillary services.
You acknowledge that you have read and agree to the Terms and Conditions,
which can be found at warranty.fcthome.ca/resources.
OUR RIGHT TO CANCEL:
The Company may cancel this warranty for the reason(s) outlined below. Such notice of cancellation may be communicated to you in writing or electronically.
• Failure to pay: When you have not paid the premium, or any installment of the premium, when due, We may cancel this warranty and backdate the cancellation to the start date. We will provide notice thirty (30) days (electronic notice shall suffice) in advance of our cancellation action.
LIMIT OF LIABILITY:
THE LIABILITY OF FCT ARISING OUT OF THE WARRANTY FOR ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT OR IN NEGLIGENCE, IS LIMITED TO A REFUND OF THE FEES THAT HAVE BEEN CHARGED FOR THIS HOME PROTECTION PLAN. THIS LIMITATION DOES NOT AFFECT THE AMOUNTS PAYABLE UNDER THE HOME WARRANTY FOR THE COVERED SYSTEMS. FCT MAKES NO OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY HOME INSPECTION REPORT OR SERVICE PROVIDERS PERFORMING ANY REPAIR OR REPLACEMENT UNDER THE HOME WARRANTY. FCT will have no liability for any claim or complaint if conditions have been disturbed, altered, repaired, replaced or otherwise changed before we have had a reasonable period of time to investigate.
OFFICE OF FOREIGN ASSETS CONTROL DISCLAIMER:
Your rights as a warranty holder and payments to you may be affected by the administration and enforcement of economic embargoes and trade sanctions applicable to you under FCT’s compliance with the Office of Foreign Assets Control (“OFAC”) of the US Department of Treasury and the Office of the Superintendent of Financial Institutions (“OSFI”). If FCT determines that you are on a prohibited list or are connected to a sanctioned country, entity or individual, or a an entity or a prohibited activity as designated by the relevant OFAC and OSFI directives, FCT may be required to stop payment of any funds to you, or cancel your warranty coverage.
Consent to customer information sharing between RBC and FCT
Client consents to the sharing of RBC mortgage data (specifically client name, commitment start date, mortgage closing date, and property address) between FCT and RBC for the purposes of validating home warranty eligibility.