Our policy of requiring all service requests to be on the appropriate forms in writing through Tarion does not, of course, apply in the case of a true emergency. Certain severe conditions constitute an emergency situation. According to the Tarion Warranty Corporation, an emergency is defined as “any warrantable deficiency within the control of the builder that, if not attended to immediately, would likely result in imminent and substantial damage to your home, or would represent an imminent and substantial risk to the health and safety of its occupants.”
Some obvious examples of emergency situations include:
- Total loss of heat between September 15 and May 15*
- Gas leak*
- Total loss of electricity*
- Total loss of water supply*
- Total sewage stoppage*
- Plumbing leakage that requires complete water shut-off
- Major collapse of any part of the home’s exterior or interior structure
- Major water penetration on the interior walls or ceiling (basement leaks excluded) A large pool of standing water inside the home Any situation where, in the opinion of TARION, the home is uninhabitable for health or safety reasons.*Emergency situations due to the failure of a municipality or utility to provide service are not covered under warranty because they are not within our control.
*Emergency situations due to the failure of a municipality or utility to provide service are not covered under warranty because they are not within our control.
WHAT TO DO IN AN EMERGENCY
- Immediately call the appropriate emergency contact telephone number provided in your Homeowner’s Package
- If you are unable to reach our office, or if we do not correct the situation within 24 hours, you should contact Tarion at 1-800-668-0124 for further assistance
- If you cannot reach Tarion or Country Homes and have no other option but to have the work completed, you or your contractors should correct the situation. However, only the emergency condition (not any consequential damage) should be corrected and the problem should be documented with pictures, both before and after (if possible).
- You should not repair consequential damage to builder-installed materials. If we are responsible for the emergency item, we will handle any such consequential damage within 30 days of your notice to us and to Tarion. If we fail to do so, Tarion will work with you directly to settle the matter.
- In the circumstances set out in part 3 above, to recover your costs you will need to submit an Emergency Form (available from Tarion at 1-800-668-0124 or www.tarion.com) as soon as possible after completing the repair. On the form you must describe the problem in detail as well as the repair methods used by your contractor. Include any receipts/invoices received for work and materials. You should submit the original to Tarion and send a copy to our office.
TYPES OF WARRANTIES
Your home warranty policy is only the beginning of your coverage. Once the warranty period is over, many of the items in your home may be covered by the manufacturer, supplier or installer warranties. To maximize the benefits you will receive through these additional warranty programs, it is important that you understand what a warranty is, how the types of warranties differ in coverage, and the terms laid out for each of the components in your home.
“A warranty is the manufacturer/supplier/installer promise to back their product/service.”
HOW DO WARRANTIES DIFFER?
Full Warranty
Your home warranty policy is only the beginning of your coverage. Once the warranty period is over, many of the items in your home may be covered by the manufacturer, supplier or installer warranties. To maximize the benefits you will receive through these additional warranty programs, it is important that you understand what a warranty is, how the types of warranties differ in coverage, and the terms laid out for each of the components in your home.
Company Letter of Guarantee
Sometimes, a manufacturer may not offer a hard copy warranty card, but instead provide a Letter of Guarantee. This is a signed document, usually on company letterhead, that states how the company will help if you encounter a problem with their product. A company Letter of Guarantee is generally very short and to the point, but it is specific in regards to how a problem will be addressed.
Implied Warranty
If your product does not come with an expressed written warranty, you still have coverage in the form of an implied warranty unless the product is marked “as is.” These are consumer rights created by law, not by the manufacturer. There are basically two types of implied warranty. The most common type, known as a “warranty of merchantability,” essentially means that the vendor promises that the product will do what it is supposed to do. For example, a coffee maker will make coffee, and a furnace will produce heat. The other common type of implied warranty is the “warranty of fitness” for a particular purpose. This means that you have purchased the product on the seller’s advice that it is suitable for a particular use. For example, if a vendor suggests that you buy a certain sleeping bag for -10°C weather, the vendor warrants that the sleeping bag will be suitable in -10°C weather. Abuse, misuse, improper maintenance and ordinary wear are not covered under an implied warranty. If you purchase a product without a warranty, it may indicate that the item is risky (either low quality, discontinued or damaged) and therefore should be available at a reduced price.
Spoken Warranty
A spoken warranty is a verbal promise that should not be considered as coverage. Sales people will sometimes make an oral promise towards their product, but it is often difficult to prove in court that the promise was made. Therefore, have the sales person put their promises in writing. If they are sincere in their statements, they will not object to your request.
Extended Warranty
A warranty by itself is included in the purchase price of the product and an extended warranty is usually purchased separately. Quite often, an extended warranty will be purchased through a third party.
If you are thinking of purchasing an extended warranty you should consider these points:
- Does your present warranty already cover the repairs you would get through the extended warranty?
- How much longer will the extended warranty go on after your existing warranty has expired?
- Does the extended warranty provider have a good reputation and a solid track record?
An extended warranty may cover only certain parts or specific repairs to a product, so read the fine print. If it does not specifically state that a certain item is covered you should assume that it is not.
There are sometimes certain clauses that require you to take specific action to fulfill your end of the contract, such as contacting the company as soon as a problem begins to surface. There may be some costs involved even after you have paid for your extended warranty. Some contracts require you to pay a deductible, or even a cancellation fee, if you decide to get out of the program. If you feel that the product is most likely to outlive the length of the extended warranty, or any repair costs would be minimal, you probably don’t need an extended warranty.
AVOIDING PROBLEMS
- Know exactly what the warranty does and does not do. Are you expected to pay labour costs or any other expenses to have issues addressed?
- Find out specifically what the warranty provider will do if a product fails. Will they replace it, repair it or return your money?
- Be sure to maintain and use the product only as directed by the provider.
- Will the company cover any “consequential damages”? For example, if your freezer quits operating, will you be reimbursed for the loss of food?
- Finally, read and understand your warranty information and you should not encounter any surprises.
HOW TO DETERMINE IF AN ITEM IS COVERED
Homeowners who are in doubt as to whether an item is covered by the warranty should consult the Construction Performance Guidelines, which describes many of the most commonly reported warranty service requests and indicate which are covered by the warranty.
HOW TO REQUEST WARRANTY SERVICE
The simplest and most convenient way to submit warranty forms is through the homeowner portal at:
MYHOME.TARION.COM
You may also send statutory warranty forms to Tarion’s office via courier or mail, or email them to:
INFO@TARION.COM
Upon receipt of a statutory warranty form, Tarion will send you a notice acknowledging the receipt of your form, indicating whether or not it is on time.
If you do not receive confirmation within 10 days of submitting your form, contact Tarion. If a form is sent by regular or registered mail, submission is effective on the postmarked date. Forms sent by regular mail must be received on or before 10 days after the submission expiry date for that particular form.
If a form is sent by registered mail and the postmark is missing or illegible, the date on the receipt given to you by the Post Office will be used. Submission by regular or registered mail is not advisable during a general interruption of postal service (during a labour dispute, for example). A copy of each form you submit to Tarion should also be sent to your builder so they can repair or otherwise resolve the item.
