(Applicable to the provinces and territories of British Columbia, Alberta, Saskatchewan and Yukon) 

Underwritten by Aviva Insurance Company of Canada

10 Aviva Way, Suite 100, Markham, Ontario L6G 0G1

IMPORTANT INFORMATION

Your Certificate number is shown on Your purchase receipt. You are required to retain a copy of the original receipt for proof of purchase in the event of a Product Failure requiring repair service. 

You are deemed to have read and accepted the conditions and requirements of this Certificate.

This Certificate is in excess of all other sources from which You may receive benefits including insurances, warranties, other coverages or refunds.

Your Certificate provides cover for a one (1) year Basic Warranty Plan starting from the Effective Date, including a thirty (30) day No Lemon Guarantee from the Retailer.  If You have chosen to purchase the optional 2 or 4-year Extended Warranty, please refer to Section “C” Coverage and Limitations.

All dollar amounts referred to in this Certificate are stated in Canadian currency. 

All liability limits stated in this Certificate includes applicable taxes. 

For questions regarding Your Certificate, contact the Broker, Summit Commercial Solutions Inc.

at 1 250 900 8749, 9:00 a.m. to 5:30 p.m. PST, Monday through Thursday and 9:00 a.m. to 4:00 p.m. PST on Friday, or by email to warranty@summitcover.ca. 

For Repair Service, call toll-free 1 289 816 4263, 8:00 a.m. to 5:00 p.m. EST, Monday through Saturday

 or by email to. customerservice@secondshop.ca.

Section A - Coverage Agreement  

In the event of Product Failure during the Coverage Term, We agree to provide repair coverage for the covered Product(s) and parts in line with the conditions, requirements, coverage, limitations and exclusions as set out in this Certificate for the Product(s) shown on Your purchase receipt.  Covered repairs will be completed without any cost to You.

Section B - Definitions

"Basic Warranty Plan" means the one (1) year coverage provided to the Certificateholder upon purchasing an eligible Product, including: a) repair or replacement coverage under the Retailer's No Lemon Guarantee for the first thirty (30) days; and b) Repair or reimbursement coverage provided by Us for the remaining 11 months. 

“Certificate” means this document that has been issued to You, the Certificateholder, evidencing coverage under the SecondShop Warranty Plan, and if purchased by You, the Optional Extended Warranty Plan. 

“Claim” means a request for repair service on the covered Product as shown on the purchase receipt. 

“Cost Effective” means the total cost to repair a Product does not exceed the Purchase Price.

“Effective Date” means the day You took possession of the Product and can submit a request for repair service. 

“No Lemon Guarantee” means the Retailer’s thirty (30) day Product warranty from the date You take possession, providing repair and /or replacement coverage in the event of a Product Failure.   

“Optional Extended Warranty Plan” means the optional two (2) or four (4) year coverage You have chosen to purchase for the Product(s).

“Product(s)” means the item(s) You purchased from the Retailer for which coverage applies under this Certificate.  

"Product Failure" refers to a situation where the Product ceases to operate or function as intended by the manufacturer. 

"Purchase Price" refers to the total dollar amount, including any applicable taxes, that You paid for the Product as indicated on the purchase receipt.

“Retailer” means SecondShop Inc. and SecondShop approved retailers where You purchased the Product(s) covered under this Certificate. 

“We”, “Us”, and “Our” means Aviva Insurance Company of Canada, the company providing this coverage, and those representatives that are authorized to act on their behalf.   

“You”, “Your” and “Certficateholder” means the person or persons whose name is shown on the purchase receipt and who is/are the purchaser(s) /owner(s) of the Product.


Section C - Coverage and Limitations

1. The products eligible for cover under this Certificate are new, as-is, overstock, open box, delivery returned products that may or may not have slight cosmetic defects or damages that does not impede the function of the Product sold by the Retailer.
2. The Product is covered for one (1) year under a Basic Warranty Plan, starting on the Effective Date:

• The first thirty (30) days of coverage is provided by the Retailer’s “No Lemon Guarantee” which offers repair or replacement coverage, as determined solely by the Retailer. Upon receipt of the returned Product, the Retailer will fully examine it and notify You via email whether You are entitled to a replacement. The maximum value of a replacement product is limited to the original Purchase Price, as indicated on the purchase receipt. The replacement will take the form of an in-store credit equivalent to the original Product. 
• The remaining eleven (11) months of coverage provides repair or reimbursement, as determined solely by Us. 

1. Optional Extended Warranty Plan: If You have purchased the Optional Extended Warranty Plan, the coverage effective date will begin when the initial one (1) year warranty expires.
2. Maximum Payable: We will cover the cost of parts and labour necessary to restore the covered Product(s) to their original operating condition in the event of a Product Failure, up to the original Purchase Price as indicated on the purchase receipt.
3. In the event of a Product Failure of a refrigerator or standalone freezer, where the necessary repair or replacement of the Product cannot be completed within twelve (12) hours for a refrigerator and twenty-four (24) hours for a standalone freezer from the time of service initiation, You shall be entitled to receive a grocery gift voucher in the amount of one hundred fifty dollars ($150). 
4. Only Products with a Purchase Price ranging from fifty dollars ($50) to a maximum of fifteen thousand dollars ($15,000) including applicable taxes are eligible for coverage.
5. In the event that it is [i] not Cost Effective and/or [ii] parts are no longer available to complete a Product repair, You will have the choice to either receive a cash settlement or an in-store credit equivalent to the original Purchase Price of the Product.  Coverage for that Product will cease.  
6. In the event that a part needed to complete the repair is not available for thirty (30) days or more, the Retailer may offer You the option to either: 
7. wait for the part to become available; 
8. accept an in-store credit equivalent to the estimated cost of repairs, up to the original Purchase Price of the Product; or
9. accept a cash settlement equivalent to the estimated cost of repairs, up to the original Purchase Price of the Product.
   
   

Section D – Exclusions

This Certificate does not cover losses or damages arising directly or indirectly from:

1. a product not purchased from the Retailer;
2. a Product Failure that is the subject of a manufacturer recall or service bulletin;
3. repairs necessitated by any cause(s) other than normal usage and operation of the 

Product as intended by the manufacturer;  

1. any repair that would not have been covered by the original manufacturer’s warranty;
2. failure to perform preventative maintenance as recommended by the manufacturer of the Product;
3. unauthorized repairs; 
4. noise, odour, Product performance or any repair which is not caused by a Product Failure;
5. misuse, abuse, any causes or occurrences that are external to the Product including insect or rodent infestations, inappropriate installation, chemical or rust corrosion, humidity, fire, electrical events including power surge, and/or those caused by a person and/or natural events such as weather, earthquake, flooding, or similar;  
6. items that are an accessory which were not included as part of the purchase of the Product;
7. batteries, light bulbs, lamps, filters, fuses, driers, refrigerant/ refrigerant line sets, belts, wiring, oil nozzles, warping, cables, shelves, drawers, cleaning of glass, decorative trims, screen damage from burnt phosphors and pixel issues, labels, markings, or scales on the control panels or buttons and any parts not affecting Product operation;  
8. altered, adjusted, or modified products or parts;
9. related to war, terrorism, riot, military unrest, vandalism or malicious acts, contamination by radioactive materials and/or hazardous materials, pandemic, state of emergency, governmental actions, cyber-related losses or similar;
10. complying with local, provincial, or federal law, including by-laws, current zoning, building or other codes or regulations;
11. commercial use or any use other than personal use; 
12. services involving the disposal of refrigerants, contaminants or hazardous materials, as determined by the repair technician;
13. any delays due to strikes, lockouts, weather, inability to get parts, or any other requirements beyond Our or the Retailer’s control; 
14. restoration or upgrades for the cost of construction, carpentry, cabinets, counter tops, flooring, paint or other modifications made necessary by repairs or installation;
15. cosmetic defects incurred after You took possession of the Product;
16. loss, leakage and/ or recovery of data;
17. matching dimensions, brand or colour; and
18. any consequential loss or damage.
     

Section E – Your Responsibilities if You Need Repair Service  

In the event of a Product Failure, contact the Retailer at 1-289-816-4263 or by email to customerservice@secondshop.ca. Repairs will be carried out by a service centre authorized by the Retailer.   To request service, a copy of Your purchase receipt will be required.   All eligible repairs and services will be provided at no charge to You.  For repair service to be provided, the Product must be in an easily accessible and safe environment. If a technician deems the environment unsafe, service will not be performed until the unsafe condition is resolved.

If in-home service is not offered by the repair service centre in the area where You reside when a Product Failure occurs, You will be responsible for the delivery and pickup of the Product at the service centre identified by the Retailer. 

For Products requiring in-centre service, You will be responsible for delivering and picking up the Product from the service centre identified by the Retailer. Service is available during business hours and, when possible, upon request during evenings or weekends.

If no Product Failure is found, You will be fully responsible for all incurred costs.

Section F - General Conditions

1. Subrogation:  We will be permitted to bring proceedings in Your name, at Our expense, to recover for Our benefit the amount of any claim payments made under this Certificate, including Our costs and expenses. We shall be entitled to exercise Your rights and remedies and in that regard You shall give all the help in Your power as We may require.
2. Right Of Verification: We have the right to verify any information provided by You before this Certificate takes effect. When there is a request for repair service, We have the right to verify any information provided by You before determining any benefits under this Certificate.
3. Statutory/Prescribed Conditions: All the requirements set out under the title Statutory/Prescribed Conditions apply to all coverages under this Certificate except that these requirements may be modified or supplemented by the conditions of this Certificate.
4. Right Of Recovery: If You have rights to recover all or part of any amount covered by this Certificate from any other source, those rights are assigned to Us. You must do nothing after a claim to prejudice Our rights of recovery. At Our request You will bring legal action or transfer Your rights of recovery to Us and help Us enforce them, should We so choose.
5. Arbitration: Any and all disputes relating to this Certificate of Insurance, including disputes over Claims, shall be resolved by arbitration. Before demanding arbitration all parties shall attempt to resolve our differences during the thirty (30) day period after the dispute first arose. If after such thirty (30) day period there is still disagreement, such dispute shall be referred to a single arbitrator who shall either be a lawyer agreed upon by all parties, or failing agreement, a person appointed by a judge of the Superior Court of Justice of Ontario, or equivalent judiciary in jurisdictions other than Ontario, upon the application of either Us or You. To the extent they do not conflict with the express provisions of this Certificate, the provisions of any applicable Ontario Arbitration statutes or Acts, or equivalent statutes or Acts in jurisdictions other than Ontario, and any amendments thereto shall apply to any arbitration held pursuant to this Certificate and the arbitrator shall have jurisdiction to do all acts and make such orders as provided therein. All disputes shall be decided under the governing judicial laws of the province or jurisdiction where the dispute arose. The costs of the arbitrator shall be paid in full by the party against whom the decision is made. If the decision is not clearly made against Us or You, the arbitrator shall have the power to apportion costs between You and Us.
   
   

Section G – Cancellation and Termination 

We may terminate or void this Certificate at any time by giving You written notice of termination if You have intentionally failed to disclose material information, made a willfully false statement relating to the Product Failure or with respect to a repair service.

You may cancel Your Optional Extended Warranty Plan by contacting the Broker;

1. within fifteen (15) days after You purchased coverage. You will be entitled to a full refund of any premium You have paid, provided You have not made a request for repair service.
2. by providing written notice more than fifteen (15) days after the purchase date of coverage. You will receive a partial refund of the premium You paid, calculated on a short rate time on risk basis. A minimum fee of fifty dollars ($50) applies.

Your request for cancellation must be sent to the Broker at warranty@summitcover.ca. 

We are not responsible for any outstanding amounts owed to You by the Retailer.

Section H – Statutory/Prescribed Conditions 

For the province British Columbia – Prescribed Conditions:

Misrepresentation

1. If a person applying for insurance falsely describes the property to the prejudice of the insurer, or misrepresents or fraudulently omits to communicate any circumstance that is material to be made known to the insurer in order to enable it to judge the risk to be undertaken, the contract is void as to any property in relation to which the misrepresentation or omission is material.

Property of others

2. The insurer is not liable for loss or damage to property owned by a person other than the insured unless

(a) otherwise specifically stated in the contract, or

(b) the interest of the insured in that property is stated in the contract.

Change of interest

3. The insurer is liable for loss or damage occurring after an authorized assignment under the Bankruptcy and Insolvency Act (Canada) or a change of title by succession, by operation of law or by death.

Material change in risk

 4. (1) The insured must promptly give notice in writing to the insurer or its agent of a change that is

(a) material to the risk, and

(b) within the control and knowledge of the insured.

(2) If an insurer or its agent is not promptly notified of a change under subparagraph (1) of this condition, the contract is void as to the part affected by the change.

(3) If an insurer or its agent is notified of a change under subparagraph (1) of this condition, the insurer may

(a) terminate the contract in accordance with Statutory Condition 5, or

(b) notify the insured in writing that, if the insured desires the contract to continue in force, the insured must, within 15 days after receipt of the notice, pay to the insurer an additional premium specified in the notice.

(4) If the insured fails to pay an additional premium when required to do so under subparagraph (3) (b) of this condition, the contract is terminated at that time and Statutory Condition 5 (2) (a) applies in respect of the unearned portion of the premium.

Termination of insurance

5. (1) The contract may be terminated

(a) by the insurer giving to the insured 15 days' notice of termination by registered mail or 5 days' written notice of termination personally delivered, or

(b) by the insured at any time on request.

(2) If the contract is terminated by the insurer,

(a) the insurer must refund the excess of premium actually paid by the insured over the prorated premium for the expired time, but in no event may the prorated premium for the expired time be less than any minimum retained premium specified in the contract, and

(b) the refund must accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund must be made as soon as practicable.

(3) If the contract is terminated by the insured, the insurer must refund as soon as practicable the excess of premium actually paid by the insured over the short rate premium for the expired time specified in the contract, but in no event may the short rate premium for the expired time be less than any minimum retained premium specified in the contract.

(4) The 15 day period referred to in subparagraph (1) (a) of this condition starts to run on the day the registered letter or notification of it is delivered to the insured's postal address.

Requirements after loss

6. (1) On the happening of any loss of or damage to insured property, the insured must, if the loss or damage is covered by the contract, in addition to observing the requirements of Statutory Condition 9,

(a) immediately give notice in writing to the insurer,

(b) deliver as soon as practicable to the insurer a proof of loss in respect of the loss or damage to the insured property verified by statutory declaration,

 (i) giving a complete inventory of that property and showing in detail quantities and cost of that property and particulars of the amount of loss claimed,

(ii) stating when and how the loss occurred, and if caused by fire or explosion due to ignition, how the fire or explosion originated, so far as the insured knows or believes,

(iii) stating that the loss did not occur through any wilful act or neglect or the procurement, means or connivance of the insured,

(iv) stating the amount of other insurances and the names of other insurers,

(v) stating the interest of the insured and of all others in that property with particulars of all liens, encumbrances and other charges on that property,

(vi) stating any changes in title, use, occupation, location, possession or exposure of the property since the contract was issued, and

(vii) stating the place where the insured property was at the time of loss,

(c) if required by the insurer, give a complete inventory of undamaged property showing in detail quantities and cost of that property, and

(d) if required by the insurer and if practicable,

(i) produce books of account and inventory lists,

(ii) furnish invoices and other vouchers verified by statutory declaration, and

(iii) furnish a copy of the written portion of any other relevant contract.

(2) The evidence given, produced or furnished under subparagraph (1) (c) and (d) of this condition must not be considered proofs of loss within the meaning of Statutory Conditions 12 and 13.

Fraud

7. Any fraud or wilfully false statement in a statutory declaration in relation to the particulars required under Statutory Condition 6 invalidates the claim of the person who made the declaration.

Who may give notice and proof

8. Notice of loss under Statutory Condition 6 (1) (a) may be given and the proof of loss under Statutory Condition 6 (1) (b) may be made

(a) by the agent of the insured, if

(i) the insured is absent or unable to give the notice or make the proof, and

(ii) the absence or inability is satisfactorily accounted for, or

(b) by a person to whom any part of the insurance money is payable, if the insured refuses to do so or in the circumstances described in clause (a) of this condition.

Salvage

9. (1) In the event of loss or damage to insured property, the insured must take all reasonable steps to prevent further loss or damage to that property and to prevent loss or damage to other property insured under the contract, including, if necessary, removing the property to prevent loss or damage or further loss or damage to the property.

(2) The insurer must contribute on a prorated basis towards any reasonable and proper expenses in connection with steps taken by the insured under subparagraph (1) of this condition.

Entry, control, abandonment

10. After loss or damage to insured property, the insurer has

(a) an immediate right of access and entry by accredited representatives sufficient to enable them to survey and examine the property, and to make an estimate of the loss or damage, and

(b) after the insured has secured the property, a further right of access and entry by accredited representatives sufficient to enable them to appraise or estimate the loss or damage, but

(i) without the insured's consent, the insurer is not entitled to the control or possession of the insured property, and

(ii) without the insurer's consent, there can be no abandonment to it of the insured property.

In case of disagreement

11. (1) In the event of disagreement as to the value of the insured property, the value of the property saved, the nature and extent of the repairs or replacements required or, if made, their adequacy, or the amount of the loss or damage, those questions must be determined using the applicable dispute resolution process set out in the Insurance Act, whether or not the insured's right to recover under the contract is disputed, and independently of all other questions.

(2) There is no right to a dispute resolution process under this condition until

(a) a specific demand is made for it in writing, and

(b) the proof of loss has been delivered to the insurer.

When loss payable

12. Unless the contract provides for a shorter period, the loss is payable within 60 days after the proof of loss is completed in accordance with Statutory Condition 6 and delivered to the insurer.

Repair or replacement

13. (1) Unless a dispute resolution process has been initiated, the insurer, instead of making payment, may repair, rebuild or replace the insured property lost or damaged, on giving written notice of its intention to do so within 30 days after receiving the proof of loss.

(2) If the insurer gives notice under subparagraph (1) of this condition, the insurer must begin to repair, rebuild or replace the property within 45 days after receiving the proof of loss, and must proceed with all due diligence to complete the work within a reasonable time.

Notice

14. (1) Written notice to the insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the insurer in the province.

(2) Written notice to the insured may be personally delivered at, or sent by registered mail addressed to, the insured's last known address as provided to the insurer by the insured.

For the provinces of Alberta and Saskatchewan – Statutory Conditions 

MISREPRESENTATION     1   If a person applying for insurance falsely describes the property to the prejudice of the insurer, or misrepresents or fraudulently omits to communicate any circumstance that is material to be made known to the insurer in order to enable it to judge the risk to be undertaken, the contract is void as to any property in relation to which the misrepresentation or omission is material.

PROPERTY OF OTHERS     2   The insurer is not liable for loss or damage to property owned by a person other than the insured unless

(a)    otherwise specifically stated in the contract, or

(b)    the interest of the insured in that property is stated in the contract.

CHANGE OF INTEREST     3   The insurer is liable for loss or damage occurring after an authorized assignment under the Bankruptcy and Insolvency Act (Canada) or a change of title by succession, by operation of law or by death.

MATERIAL CHANGE IN RISK    4(1)  The insured must promptly give notice in writing to the insurer or its agent of a change that is

(a)    material to the risk, and

(b)    within the control and knowledge of the insured.

(2)  If an insurer or its agent is not promptly notified of a change under subparagraph (1) of this condition, the contract is void as to the part affected by the change.

(3)  If an insurer or its agent is notified of a change under subparagraph (1) of this condition, the insurer may

(a)    terminate the contract in accordance with Statutory Condition 5, or

(b)    notify the insured in writing that, if the insured desires the contract to continue in force, the insured must, within 15 days after receipt of the notice, pay to the insurer an additional premium specified in the notice.

(4)  If the insured fails to pay an additional premium when required to do so under subparagraph (3)(b) of this condition, the contract is terminated at that time and Statutory Condition 5(2)(a) applies in respect of the unearned portion of the premium.

TERMINATION OF INSURANCE    5(1)  The contract may be terminated

(a)    by the insurer giving to the insured 15 days’ notice of termination by recorded mail or 5 days’ written notice of termination personally delivered, or

(b)    by the insured at any time on request.

(2)  If the contract is terminated by the insurer,

(a)    the insurer must refund the excess of premium actually paid by the insured over the prorated premium for the expired time, but in no event may the prorated premium for the expired time be less than any minimum retained premium specified in the contract, and

(b)    the refund must accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund must be made as soon as practicable.

(3)  If the contract is terminated by the insured, the insurer must refund as soon as practicable the excess of premium actually paid by the insured over the short rate premium for the expired time specified in the contract, but in no event may the short rate premium for the expired time be less than any minimum retained premium specified in the contract.

(4)  The 15day period referred to in subparagraph (1)(a) of this condition starts to run on the day the recorded mail or notification of it is delivered to the insured’s postal address.

REQUIREMENTS AFTER LOSS    6(1) On the happening of any loss or damage to insured property, the insured must, if the loss or damage is covered by the contract, in addition to observing the requirements of Statutory Condition 9,

(a)    immediately give notice in writing to the insurer,

(b)    deliver as soon as practicable to the insurer a proof of loss in respect of the loss or damage to the insured property verified by statutory declaration

(i)    giving a complete inventory of that property and showing in detail quantities and costs of that property and particulars of the amount of loss claimed,

(ii)    stating when and how the loss occurred, and if caused by fire or explosion due to ignition, how the fire or explosion originated, so far as the insured knows or believes,

(iii)    stating that the loss did not occur through any wilful act or neglect or the procurement, means or connivance of the insured,

(iv)    stating the amount of other insurances and the names of other insurers,

(v)    stating the interest of the insured and of all others in that property with particulars of all liens, encumbrances and other charges on that property,

(vi)    stating any changes in title, use, occupation, location, possession or exposure of the property since the contract was issued, and

(vii)    stating the place where the insured property was at the time of loss,

(c)    if required by the insurer, give a complete inventory of undamaged property showing in detail quantities and cost of that property, and

(d)    if required by the insurer and if practicable,

(i)    produce books of account and inventory lists,

(ii)    furnish invoices and other vouchers verified by statutory declaration, and

(iii)    furnish a copy of the written portion of any other relevant contract.

(2)  The evidence given, produced or furnished under subparagraph (1)(c) and (d) of this condition must not be considered proofs of loss within the meaning of Statutory Conditions 12 and 13.

FRAUD     7   Any fraud or wilfully false statement in a statutory declaration in relation to the particulars required under Statutory Condition 6 invalidates the claim of the person who made the declaration.

WHO MAY GIVE NOTICE AND PROOF     8   Notice of loss under Statutory Condition 6(1)(a) may be given and the proof of loss under Statutory Condition 6(1)(b) may be made

(a)    by the agent of the insured if

(i)    the insured is absent or unable to give the notice or make the proof, and

(ii)    the absence or inability is satisfactorily accounted for, or

(b)    by a person to whom any part of the insurance money is payable, if the insured refuses to do so, or in the circumstances described in clause (a) of this condition.

SALVAGE     9(1) In the event of loss or damage to insured property, the insured must take all reasonable steps to prevent further loss or damage to that property and to prevent loss or damage to other property insured under the contract, including, if necessary, removing the property to prevent loss or damage or further loss or damage to the property.

(2)  The insurer must contribute on a prorated basis towards any reasonable and proper expenses in connection with steps taken by the insured under subparagraph (1) of this condition.

ENTRY, CONTROL, ABANDONMENT     10   After loss or damage to insured property, the insurer has

(a)    an immediate right of access and entry by accredited representatives sufficient to enable them to survey and examine the property, and to make an estimate of the loss or damage, and

(b)    after the insured has secured the property, a further right of access and entry by accredited representatives sufficient to enable them to appraise or estimate the loss or damage, but

(i)    without the insured’s consent, the insurer is not entitled to the control or possession of the insured property, and

(ii)    without the insurer’s consent, there can be no abandonment to it of the insured property.

IN CASE OF DISAGREEMENT     11(1)  In the event of disagreement as to the value of the insured property, the value of the property saved, the nature and extent of the repairs or replacements required or, if made, their adequacy, or the amount of the loss or damage, those questions must be determined using the applicable dispute resolution process set out in the Insurance Act whether or not the insured’s right to recover under the contract is disputed, and independently of all other questions.

(2)  There is no right to a dispute resolution process under this condition until

(a)    a specific demand is made for it in writing, and

(b)    the proof of loss has been delivered to the insurer.

WHEN LOSS PAYABLE     12   Unless the contract provides for a shorter period, the loss is payable within 60 days after the proof of loss is completed in accordance with Statutory Condition 6 and delivered to the insurer.

REPAIR OR REPLACEMENT     13(1) Unless a dispute resolution process has been initiated, the insurer, instead of making payment, may repair, rebuild or replace the insured property lost or damaged, on giving written notice of its intention to do so within 30 days after receiving the proof of loss.

(2)  If the insurer gives notice under subparagraph (1) of this condition, the insurer must begin to repair, rebuild or replace the property within 45 days after receiving the proof of loss and must proceed with all due diligence to complete the work within a reasonable time.

NOTICE     14(1) Written notice to the insurer may be delivered at, or sent by recorded mail to, the chief agency or head office of the insurer in the province.

(2)  Written notice to the insured may be personally delivered at, or sent by recorded mail addressed to, the insured’s last known address as provided to the insurer by the insured.

For the territory of Yukon – Statutory Conditions

Misrepresentation

1 If a person applying for insurance falsely describes the property to the prejudice of the insurer, or misrepresents or fraudulently omits to communicate any circumstance that is material to be made known to the insurer in order to enable it to judge of the risk to be undertaken, the contract is void as to any property in relation to which the misrepresentation or omission is material.

Property of others

2 Unless otherwise specifically stated in the contract, the insurer is not liable for loss or damage to property owned by any person other than the insured, unless the interest of the insured therein is stated in the contract.

Change of interest

3 The insurer is liable for loss or damage occurring after an authorized assignment under the Bankruptcy and Insolvency Act (Canada) or change of title by succession, by operation of law or by death.

Material changes

4 Any change material to the risk and within the control and knowledge of the insured avoids the contract as to the part affected thereby, unless the change is promptly notified in writing to the insurer or its local agent, and the insurer when so notified may return the unearned portion, if any, of the premium paid and cancel the contract, or may notify the insured in writing that, if he desires the contract to continue in force, he must, within 15 days of the receipt of the notice, pay to the insurer an additional premium, and in default of such payment the contract is no longer in force and the insurer shall return the unearned portion, if any, of the premium paid

Termination

5(1) This contract may be terminated, 

(a) by the insurer giving to the insured 15 days notice of termination by registered mail or five days written notice of termination personally delivered, or 

(b) by the insured at anytime on request.

(2) Where this contract is terminated by the insurer, 

(a) the insurer shall refund the excess of premium actually paid by the insured over the pro rata premium for the expired time, but in no event shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified, and

(b) the refund shall accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund shall be made as soon as practicable.

(3) Where this contract is terminated by the insured, the insurer shall refund as soon as practicable the excess of premium actually paid by the insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified

(4) The refund may be made by money, postal or express company money order or cheque payable at par.

(5) The 15 days mentioned in clause (a) of subcondition (1) of this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed

Requirement after loss

6(1) Upon the occurrence of any loss of or damage to the insured property, the insured shall, if the loss or damage is covered by the contract, in addition to observing the requirements of conditions 9, 10 and 11,

(a) forthwith give notice thereof in writing to the insurer, 

(b) deliver as soon as practicable to the insurer a proof of loss verified by a statutory declaration,

   (i) giving a complete inventory of the destroyed and damaged property and showing in detail quantities, costs, actual cash value and particulars of amount of loss claimed,

   (ii) stating when and how the loss occurred, and if caused by fire or explosion due to ignition, how the fire or explosion originated so far as the insured knows or believes, 

   (iii) stating that the loss did not occur through any wilful act or neglect or the procurement, means or connivance of the insured,

   (iv) showing the amount of other insurances and the names of other insurers, 

   (v) showing the interest of the insured and of all others in the property with particulars of all liens, encumbrances and other charges upon the property, 

   (vi) showing any changes in title, use, occupation, location, possession or exposures of the property since the issue of the contract, and 

   (vii) showing the place where the property insured was at the time of loss

(c) if required, give a complete inventory of undamaged property showing in detail quantities, cost and actual cash value, and 

(d) if required and if practicable, produce books of account, warehouse receipts and stock lists, and furnish invoices and other vouchers verified by statutory declaration and furnish a copy of the written portion of any other contract.

(2) The evidence furnished under clauses (c) and (d) of subcondition (1) of this condition shall not be considered proofs of loss within the meaning of conditions 12 and 13.

Fraud

7 Any fraud or wilfully false statement in a statutory declaration in relation to any of the above particulars vitiates the claim of the person making the declaration.

Who may give notice and proof

8 Notice of loss may be given and proof of loss may be made by the agent of the insured named in the contract in case of absence or inability of the insured to give the notice or make the proof, and absence or inability being satisfactorily accounted for, or in the like case, or if the insured refuses to do so, by a person to whom any part of the insurance money is payable.

Salvage

9(1) The insured, in the event of any loss or damage to any property insured under the contract, shall take all reasonable steps to prevent further damage to such property so damaged and to prevent damage to other property insured hereunder including, if necessary, its removal to prevent damage or further damage thereto.

(2) The insurer shall contribute pro rata towards any reasonable and proper expenses in connection with steps taken by the insured and required under sub paragraph (1) of this condition according to the respective interests of the parties.

Entry, Control, Abandonment

10 After loss or damage to insured property, the insurer has an immediate right of access and entry by accredited agents sufficient to enable them to survey and examine the property and to make an estimate of the loss or damage, and after the insured has secured the property a further right of access and entry sufficient to enable them to make appraisement or particular estimate of the loss or damage, but the insurer is not entitled to the control or possession of the insured property and without the consent of the insurer there can be no abandonment to it of insured property.

Appraisal

11 In the event of disagreement as to the value of the property insured, the property saved or the amount of the loss, those questions shall be determined by appraisal as provided under the Insurance Act before there can be any recovery under this contract whether the right to recover on the contract is disputed or not, and independently of all other questions. There shall be no right to an appraisal until a specific demand therefor is made in writing and until after proof of loss has been delivered.

When loss payable

12 The loss is payable within 60 days after completion of the proof of loss, unless the contract provides for a shorter period.

Replacement

13(1) The insurer, instead of making payment, may repair, rebuild, or replace the property damaged or lost, giving written notice of its intention so to do within 30 days after receipt of the proofs of loss.

(2) In that event the insurer shall commence to so repair, rebuild, or replace the property within 45 days after receipt of the proofs of loss, and shall thereafter proceed with all due diligence to the completion thereof

Action

14 Every action or proceeding against the insurer for the recovery of a claim under or by virtue of this contract is absolutely barred unless commenced within two years next after the loss or damage occurs.

Notice

15 Any written notice to the insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the insurer in the Yukon. Written notice may be given to the insured named in the contract by letter personally delivered to him or by registered mail addressed to him at his latest postal address as notified to the insurer. In this condition, the expression “registered” means registered in or outside Canada. R.S., c.91, s.68.