Warranty Terms

Based on condition

Your warranty coverage begins once you have received delivery of the appliance(s) and remains in effect for the duration specified above. Scratch and Dent Depot reserves the right to cancel this warranty if the appliance(s) Has/have been compromised by the customer. Please refer to a Scratch and Dent associate or Comerco brochure for Extended warranty details.

GENERAL

Warranty provided is a functional warranty only and covers only parts and labour. Decisions as to whether parts replacement or repair is necessary will be made by us, in our reasonable discretion. We have the sole right to determine whether the appliance will be repaired or replaced, but are not responsible for any delays in obtaining parts or replacement appliances. Certain limitations of liability apply for all types of Equipment. All Equipment is subject to these Terms and Conditions, including eligibility requirements, limitations and exclusions referred to in “Dwellings”, “Technician Safety” and “General Exclusions” sections.

For covered appliances, we will make commercially reasonable efforts to locate replacement parts and provide services to restore your product or unit to its original working condition. In the event that a replacement part is not available during the coverage period or our Authorized Repair Technician determines that it is not commercially reasonable to repair the appliance, we may, at our discretion, choose to provide you with a replacement unit of equal value to your purchase price. Any replacement parts used to repair your eligible appliance may, at our discretion, be new, refurbished or non-original manufacturer’s parts that perform to the factory specification of the eligible appliance. We are responsible for installing replacement of similar features, capacity and efficiency, but not for matching dimensions, brand or colour. Commercially reasonable efforts will be made to match dimensions, brand or colour. We are not responsible for upgrades or for the cost of construction, carpentry, or other modifications made necessary by existing equipment or installing different equipment. In the event the covered appliance is not cost effective to repair, we, at our discretion, may replace your covered appliance with an appliance of like kind and quality. The price of the replacement appliance shall not exceed your purchase price of the covered appliance. Please note that if manufacturer warranty is provided with your appliance all warranty coverage with Scratch and dent depots will be voided and covered by the manufacturer.

DIAGNOSIS

We will diagnose and repair equipment in accordance with the terms and conditions as long as the equipment is:

  • Located within the confines of the permanent foundation of your residence
  • Properly installed and in proper working order on the effective date
  • Safely accessible for diagnosis and repair by the authorized repair technician
  • Located in a safe environment for our authorized repair technician

LIABILITY

Scratch and dent depots tries to diagnose and repair problems on the first service visit, however, it is not always possible. We are not liable for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs. If we do not correct or repair a problem covered by your warranty or if a replacement part fails, our sole liability will be to correct the problem and, if necessary, to provide an additional replacement part. In no event are we liable for indirect, consequential or economic damages or for loss or damages to any person or property, indirect, consequential or incidental arising from the use or inability to use the equipment to the extent such may be disclaimed by law, nor do the terms and conditions cover any defects which are subject to a manufacturer’s or distributors recall, in-home warranty, or which are covered under a manufacturer’s, distributor’s, or builder’s program of reimbursement, pre-existing defects or deficiencies in existence prior to enrollment are excluded from coverage. All parts and labour covered by Scratch and dent depots must be provided by a Scratch and dent depots authorized technician. We cannot reimburse you for parts and labour provided by a technician not authorized by Scratch and dent depots.

EXCLUSIONS

GENERAL EXCLUSIONS

In the event your appliance(s) have been altered, tampered with, or used in a way not prescribed by the manufacturer your warranty will be VOIDED. Furthermore, costs will not be covered if repairs are needed because of design faults which existed before your warranty became effective, abuse, tampering, alterations or repairs by persons other than us, accidental or deliberate damage, loss, theft, freezing weather conditions, subsidence, structural repairs, fire, lightning, explosion, earthquake, flood, storm, acts of war or other insurable risks, the thermostat is not at the proper setting, the household electrical fuse or breaker required for the unit is blown, the heating unit or cooling unit has been turned off, improper sizing or application of the equipment, redecoration or renovation related work or pre-existing defects. Scratch and dent depots or its technicians are not responsible for any damages to your property resulting from the repair or installation of your appliance(s).

Your warranty does not cover: Parts, components not specifically listed in these terms and conditions or that relate to a manufacturer’s part recall, providing for or closing access to covered items, except as noted in these terms and conditions, service or repairs of equipment that are related to inadequacy or lack of capacity, improper installation, previous repair, design or any modification to the system or appliance, unless performed by us under these terms and conditions, Electronic, computerized energy management systems or devices, such as “Smart House”, service, maintenance repair, or replacement necessitated by any loss or damage resulting from any cause other than normal usage, loss or damage due to chemical or sedimentary build-up, misuse or abuse, unauthorized repair by others, failure to clean or maintain the equipment, rust, corrosion, insect infestation, mold, mildew or bacterial manifestations, missing parts, structural change, fire, freezing, electrical failure or surge, water damage, lightning, mud, earthquake, soil movement, windstorms, hail, theft, negligence, intentional acts, riot, accidents, pet or pest damage, acts of God, or failure due to excessive water pressure or any other perils are not considered loss or damage by normal use, components and/or any subassemblies that are covered by a manufacturer’s, contractor’s, builder’s, or installer’s warranty or program of reimbursement, upgrades or for the cost of construction, carpentry, or other modifications made necessary by existing equipment or installing different equipment, preventative maintenance, consumable items, including but not limited to fillers and fuses, and, replacement of spoiled food as a result of failure of equipment or electricity outage.

BUILDING AND ZONING CODE REQUIREMENTS OR VIOLATIONS

If current building or other code violations are discovered before or during the diagnosis or repair of equipment, we shall not be required to repair or service the equipment until you complete the necessary corrective work at your own expense. If additional costs are incurred in order to comply with local, provincial, or federal law, we shall not be responsible for that additional expense. We are not responsible for service or repair of equipment when permits cannot be obtained and we will not pay any costs relating to permits.

HAZARDOUS MATERIAL AND ENVIRONMENTS

We shall not cover service involving hazardous or toxic materials, asbestos, lead or the disposal of refrigerants or contaminants.

TECHNICIAN SAFETY

No service or repairs under the warranty will be provided if our authorized repair technician refuses to enter a hostile residence or refuses to enter a residence due to the presence of animals, insects, unsanitary conditions or unsafe conditions including equipment that is not easily accessible. In the event of such unsanitary or unsafe conditions, as determined by us acting reasonably we may, in our sole discretion, terminate your warranty.

GOVERNING LAW

This agreement is governed by the laws of Ontario and Canada.

ENTIRE AGREEMENT

These terms and conditions, including any attached schedules, and the signed application form (together, the “Agreement”) make up your agreement and is the entire agreement between you and us. There are no other written or verbal representations, rights, obligations, or inducements (including those of sales agents) that are binding on us.

CONFLICT

If there is a conflict between the information on the application for and these Terms and Conditions, the Terms and Conditions take priority.

ASSIGNMENT

We may assign any or all of our rights and obligations under this agreement or pledge the agreement or proceeds thereunder as security for any obligation, without your permission. If you want to assign this agreement to anyone else you will need our written consent to do so.

NOTICE

We can provide notice to you by personal delivery, mail (including registered mail), phone or by email. If the email addresses which you have provided us changes, you will need to give us your updated email address.