Milani Membership Plan

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE MILANI PROTECTION PROGRAM. PLEASE KEEP THIS COPY FOR YOUR REFERENCE.

Milani Plumbing Heating & Air Conditioning Ltd., formerly known as Milani Plumbing Drainage & Heating Ltd. (“Milani”) offers Milani Protection Program (this “Program”), which is a maintenance plan where eligible customers of Milani have their selected equipment serviced annually and pay for this annual service (the “Service”) on a monthly basis (the “Customer(s)”), subject to the terms and conditions set forth in this agreement and Terms of Use (the “Agreement”). Each time the Customer participates in the Program, this Agreement applies. As used in this Agreement, the terms “we,”, “us,” and “our” collectively refer to Milani and its affiliates, successors, and assigns; as well as any directors, officers, members, subcontractors, representatives, and agents of any of the foregoing.

THE CUSTOMER IS REQUIRED TO HAVE A GENERAL MAINTENANCE SERVICE PRIOR TO BE BECOMING ELIGIBLE FOR ANY PROGRAM.  ANY REPAIRS OR BREAKDOWNS (SERVICE CALLS, PARTS, AND LABOR) FOR BREAKDOWNS AND RECOMMENDATIONS ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER AND ARE NOT COVERED UNDER THE PROGRAM

Milani Shall provide the following services, as applicable and as selected by the Customer, under the Program:

Heating Points of Inspection – Gas Furnace / Boiler / Tankless

1. Test for carbon monoxide at furnace and at register.
2. Test gas pilot safety system.
3. Check combustion ventilation air supply.
4. Check for gas leaks downstream of the gas shutoff valve.
5. Visually inspect thermostat.
6. Visually check main burners.
7. Clean burner vestibule.
8. Visually examine flue and vent conditions.
9. Test operation of safety limits.
10. Check electrical control wiring.
11. Visually inspect filters and / or air cleaners.
12. Check motor and fan functions.
13. Check and adjust tension and alignment of fan belt and pulleys.
14. Check operation of inducer, if applicable.
15. Test operation sequence of the ignition system.

Cooling Points of Inspection – (Air Conditioner / Heat Pump / Air Handler)

1. Visually inspect condenser coil.
2. Visually check connections.
3. Adjust system for optimum cooling.
4. Check refrigerant levels.
5. Check safety devices.
6. Test controls for proper operation.
7. Check condensate drain.
8. Check defrost cycle and reversing valve operation (heat pump).

Ductless Mini Split – Points of Inspection

1. Check all compressor functions.
2. Check refrigerant levels.
3. Remove and clean washable filters.
4. Check condensation drainage.

Add-On – Points of Inspection

Add-On plans include ONE annual inspection of the Customer’s residence as per the points of inspection included in this Agreement as noted below. The Add-on Service will be in addition to maintenance on another piece of equipment (heating/cooling or tankless).

Plumbing Add-On

Annual Plumbing Inspection

1. Check water pressure in the house and PRV (pressure reducing valve).
2. Visually Inspect all fixtures in the residence.
3. Visually Inspect supply lines and potable water piping.
4. Provide recommendations and estimates to correct any deficiencies found.

Drainage Add-On

Annual Drainage Inspection

1. Visual inspection of drains of all sinks, tubs, and showers in residence for proper drainage.
2. Camera inspection of outgoing sanitary sewer line from accessible cleanout (if removal & reinstallation of toilet is required, additional charges will apply for labor).
3. Visual inspection of sump (if present) to check it is clean, free of debris and draining properly.
4. Camera inspection of outgoing line from sump (maximum 15 minutes labour).
5. Visual inspection of sump pump (if present) to check it is working.
6. Identify cleanouts and check for access to perimeter drainage.
7. Provide recommendations and estimates to correct any deficiencies found.

TERMS AND CONDITIONS

All maintenance and inspection Services (including Add-on Services) that form part of the Program will be scheduled to minimize the number of appointments.  Maintenance will take place in the allotted month as per the Customer’s agreement, this is subject to change depending on workload. We will complete the Service as noted in the above checklist.

We will provide feedback after the inspection on the condition of the system that is inspected. Any repairs (parts and labour) for breakdowns and recommendations are the Customer’s sole responsibility and not covered under this Program. The Service covered by the Customer’s maintenance only Program will be performed during normal business hours Monday – Friday.  Arrival windows shall start at 8 am and end at 4 pm PST.

SCHEDULING

The soonest an inspection can be called is as follows: 

1. for Customers that pay monthly, the first service shall be 120 days after the Customer signs up for the Program; and
2. for Customers that pay annually, the first service shall be 30 days after the Customer signs up for the Program.

Although we will attempt to remind the Customer of any annual check-up or cleaning to which Customer may be entitled through Customer’s Program, we are not obligated to do so, and Customers are responsible for contacting us to arrange any such annual check-up or cleaning. The annual inspection(s) will be performed during normal business hours and scheduled to minimize the number of appointments between Monday to Friday with arrival windows starting at 8 am and ending at 4 pm PST. We will not be responsible for any annual check-up or cleaning that is not provided due to the Customer failing to contact us.

GENERAL TERMS

We will not reimburse the Customer for the costs of services or parts replacement performed by contractors that have not been authorized by us. 

Except as specifically provided, the Customer Program coverage is non-refundable. The Customer Program coverage is transferable, but the Customer is required to pay for an initial service at the new address plus the Customer is liable for any deficiencies and these must be corrected at the Customer’s cost prior to being eligible for transfer.

It is important that the Customer review this Agreement regularly. We reserve the right to modify, restrict, or otherwise alter the Agreement (“Updated Maintenance Agreement”), impose limits on certain features, promotions, or services or to restrict, suspend, or terminate the Customer’s access to all or any part of the Milani.ca website (the “Site”) and/or Program at any time, for any or no reason, with or without prior notice, and without liability. The Customer agrees that we may notify the Customer of the Updated Maintenance Agreement by posting it on the Site so that it is accessible via a link on the Site, and that the Customer’s use of the Site after we post the Updated Maintenance Agreement (or engaging in such other conduct as we may reasonably specify) constitutes the Customer’s agreement to the Updated Maintenance Agreement. The Updated Maintenance Agreement will be effective as of the time that we post it on the Site, or such later date as may be specified in it.

We may sell, assign, or otherwise dispose of, or grant a security interest in, all or part of our right and interest in this Agreement to anyone else, without notice to the Customer or the Customer’s consent. To the extent not prohibited by law, the Customer will not assert against any transferee any claims, defences, set-offs, deductions, or counterclaims which the Customer may now or in the future be entitled to assert against us. The costs of redecoration and restoration costs required as a result of any work performed in connection with any of the Programs are not covered. This includes wallcoverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, countertops, landscaping, or repair of any structural or cosmetic defects.

If we deem a piece of equipment as unsafe to operate or at the end of its natural life, we will recommend replacement and cancel coverage effective immediately, we will provide a detailed report explaining our findings. There is no coverage for replacement of the entire unit.

Milani not responsible for broken, settled, rusted, deteriorated, or Poly-B pipes, as well as unforeseen circumstances, fixtures, cleanouts, and any other damage resulting from cleaning or repairing existing fixtures or piping.  Milani connects to existing electrical, plumbing, ductwork, drainage, and fixtures, and is not responsible for damage resulting from pre-existing equipment, gas service, electrical, or drainage/plumbing.

Warranty provided is on equipment, parts, and materials that Milani supplies and installs, and not customer supplied parts.  Additional restrictions may apply.

The paragraph headings, underlining, capitalization or boldfaced words, if any, in this Agreement are for reference, convenience, and/or emphatic effect only and are not to be interpreted in any way as additions or limitations of the covenants and agreements contained in this Agreement.

Unless inconsistent with the context, words signifying any one gender shall include the others, words signifying the singular shall include the plural and vice versa and words signifying natural persons shall include corporate entities and vice versa.

This Agreement constitutes the entire agreement between the Customer and Milani with respect to the Program, any and all previous agreements, written or oral, express or implied between the Customer and Milani or on their behalf relating to the Program are terminated and cancelled and each of the parties releases and forever discharges the other of and from all manner of actions, causes of action, claim or demands whatsoever under or in respect of such agreement.

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions shall nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia.

The Customer’s first payment to the Program shall be deemed full acceptance of this Agreement and all of its terms and conditions.

CANCELLATION

The Customer’s Program is in effect for one twelve (12) month term, which term shall automatically be renewed for successive twelve (12) month terms until cancelled either by us or by the Customer upon written 30 days notice to the other party prior to the end of the initial twelve (12) month term. Such cancellation will be effective on the date written notice is given unless the party giving the notice indicates otherwise within such notice. Please allow 2 weeks for processing. If the Customer cancels this Agreement, the Customer shall remain liable to us for any outstanding amounts owing on the Customer’s 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 maintenance/inspections covered by the Customer’s Program for which Customer have notified us up to the date of the termination of this Agreement. If the Customer cancels this Agreement within the first year and received a discount during the sign-up process the Customer is required to reimburse Milani for all discounts received.

BILLING AND PAYMENT

All yearly payments will be debited from the Customer’s account on or before the 30^th of the current month. All monthly payments will be debited from the Customer’s account on or before the 30th of each month (28th in February) or the next business day if this date falls on a weekend or statutory holiday. If the Customer signs up prior to the 25th of the current month then the Customer’s first payment will be debited on the 30th of that month. If the Customer signs up between the 25th and 31st of the month, then the Customer’s first payment will be debited on the 30th of the following month. If the Customer has authorized us to have the Customer’s payment debited from a credit card it can take up to 7 days to show on the Customer’s credit card statement. Customer understands that Customer must notify us right away, should Customer’s card be lost, stolen, replaced or expired.  If Customer has authorized us to have its payments deducted from its bank account (a pre-authorized payment or “PAP”), Customer is required to complete a PAP agreement. Customer will only receive another Agreement, if the amount of the PAP changes. On approximately the 30th of each month, the charges set out on Customer’s bill are due and we will debit the account identified in the banking information Customer has provided (or any other account that the Customer may identify to us from time to time) for those charges and all other amounts the Customer owe us. The Customer agrees that we will not notify the Customer in advance of each PAP. The Program Services are provided for the Customer’s personal use. Accounts must be in good standing to have services performed. Failure to pay may result in loss of benefits, coverage, or warranties. The Customer may cancel this authorization upon 30 days written notice to us, however, the Customer remains obligated to pay all amounts due or owing under Customer’s Program for the full 12-month term of the Program and any renewal thereof. The Customer has certain recourse rights, if any debit that we draw does not comply with this Agreement. For example, the Customer has the right to reimbursement for any debit that is not authorized or is not consistent with this PAS agreement. To obtain more information on the Customer’s right to cancel a PAP debit agreement or on the Customer’s recourse rights, contact the Customer’s financial institution, or visit www.payments.ca. The Customer will pay us on demand interest on all amounts payable by the Customer (including interest) and not paid when due, both before and after judgment, at a rate equal to 2.0% per month, compounded monthly. For any payment that cannot be processed for any reason, the Customer will be charged $25 for any PAP plus the Customer’s standard monthly fee, a Credit card decline fee of $25 and Credit card transaction fee of $5.00. If more than one Customer is named on the Agreement or Program activation documentation, the Customer understands that each of the Customers will be individually liable, and all the Customers are collectively liable, for all obligations imposed on the Customer by this Agreement.

NOTICE OF CHANGES

The Customer agrees to promptly inform Milani in writing of any change of the Customer’s mailing address at least 30 days in advance of such change. If the Customer have chosen to make the Customer’s payments under this Agreement by PAP or credit card, Customer must inform us in writing of any changes in the bank account or credit card information Customer provided. Notice of any change should be sent to us at: Milani Plumbing, Heating and Air Conditioning Ltd., 5526 Kingsway, Burnaby, BC. V5H 2G2 or e-mail us at info@milani.ca.

UNAVAILABLE PARTS and PART REPLACEMENT

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 particular, but without limitation, we may not be able to readily or locally obtain parts for certain makes and models of equipment. In the unusual event that we cannot provide a part replacement or an equivalent substitute, we will not be liable for such part replacement, equivalent substitute or 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 becomes our sole property and may be disposed of at our discretion.

LIMIT ON LIABILITY

We are not the manufacturer or supplier of the heating unit, the tankless unit, the cooling unit or the plumbing and drain system and we make no representations, warranties or conditions as to the performance of such equipment or system. We will not be liable for any loss, damage or injury of any type arising out of or related to the Customer’s Program or caused or contributed in any way by the use and operation of the heating unit, the tankless unit, the cooling unit and/or 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 under this Agreement because of circumstances or events beyond our control, 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 the Customer for such failure to perform. These Programs are not insurance and do 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 the equipment has been turned off, improper thermostat setting, or household electrical problems. Customer 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 heating unit, the tankless unit, the cooling unit, the plumbing and drain system, the Customer Program or the use and operation of either the system or unit, including any claims against us for any injury or death to individuals or damage to property. The Customer will pay, when due, all taxes and other charges imposed by any governmental authority on or in connection with this Agreement or the Customer’s payments made under it.  The Customer hereby confirms that Milani’s maximum liability under any Program for any claims, losses, and costs for any action or non-action by Milani, its employees, agents, or contractors whether negligent or not shall be the amount equivalent to the annual amount paid by the Customer and under no circumstances shall Milani be liable to pay any amounts in excess of this amount.

Customer’s Consent Regarding Information:

The Customer consents to our collection of the Customer’s financial and related personal information, and to the exchange of this information between us, financial institutions, our subsidiaries and affiliates and other persons with whom the Customer may have had or may have financial dealings, and to our use of this information for the purposes of: verifying and evaluating the Customer’s information which the Customer provides to us in connection with the Customer’s account (including verifying Customer’s identity for regulatory compliance purposes); establishing, servicing and collecting on the Customer’s account; providing the products and services the Customer requests; communicating with the Customer for these purposes; and meeting legal, regulatory, audit, processing and security purposes, and as otherwise permitted or required by law. In addition to the purposes above, Customer consents to our use of the Customer contact information to provide the Customer with occasional information about other products and services offered by us or our affiliates. However, the Customer may refuse consent for this purpose by contacting us at info@milani.ca or 604-888-8888.