90-Day Protection Plan Terms and Conditions
Effective Date: May 31, 2022
These 90-Day Protection Plan Terms (“Plan”) supplement the Motor Vehicle Purchase Agreement (“Agreement”) and solely govern your ability to utilize this plan for the vehicle you purchased from Clutch Technologies Inc. (“Clutch”). You shall have ninety (90) days from the date of delivery or 6,000 km (whichever comes first) to utilize this Plan, which is subject to both the terms below and the exclusions in Schedule 1.
To be eligible for this Plan, you must properly operate and maintain the vehicle as recommended by the vehicle's manufacturer and immediately notify Clutch of any vehicle breakdown in accordance with Section 3 below (“Vehicle Breakdown”). This Plan applies if: (a) the vehicle has been driven less than 6,000 km and it is less than ninety (90) days since the delivery date at the time of Vehicle Breakdown; (b) you immediately notify Clutch in accordance with Section 3 below; and (c) the Vehicle Breakdown is not excluded in accordance with the Terms or Schedule 1.
Where this Plan is not applicable, you waive all your rights under this Plan and Clutch shall not be liable to you for any expenses incurred.
This Plan does not apply to:
- interior or exterior cosmetic imperfections, including but not limited to dents, scratches, tears, rust, chips, or paint imperfections;
- replaceable/wearable parts, being any part that is designed to wear down or be replaced with general maintenance of the vehicle, including but not limited to the vehicle's drive belt, tires, brake pads, brake rotors, clutch material (in manual transmissions), wiper blades and fluids;
- recommended maintenance, being the parts and services that all vehicles routinely need, including, lubrication, engine tune-ups, replacing filters of any kind, coolant, spark plugs, bulbs or fuses (unless those costs result from a covered repair) and cleaning and polishing; or
- aftermarket accessories.
This Plan shall apply only where any applicable manufacturer warranty on the vehicle is expired and where there are no other warranties in effect on the vehicle, including but not limited to an extended warranty on the vehicle purchased by you. Where a vehicle's manufacturer warranty is still in effect and where the manufacturer does not bring the vehicle back to a good and working order, Clutch may, in its sole discretion, elect to either refund or repair the vehicle in accordance with the terms of this Plan.
3. Vehicle Breakdown Protocol
In the event of a Vehicle Breakdown, you must make a claim to Clutch by immediately notifying Clutch of all relevant details related to the breakdown and any vehicle defect by phoning the Clutch customer support number at 1-866-275-4609. Clutch will review your claim and may request further details from you. Clutch, at its sole discretion, will:
- Refund: Issue you a refund for the vehicle once the the the vehicle has been returned and inspected; or
- Repair: Repair or replace the material assemblies and parts, with the exception of all parts excluded in accordance with these terms or in Schedule 1 (“Covered Parts”), that caused the Vehicle Breakdown as necessary to return the vehicle to a state of good working order. Examples of Covered Parts include engine, breaks or transmission. Replacement parts may be of like kind and comparable quality, which may include the use of new, remanufactured, or used parts, as detailed below in Section 5; or
- Exchange: Provide a vehicle in exchange, subject to subject to mutual agreement of the parties.
All repairs must take place in Canada or the Continental United States.
- Full Refund. Clutch may elect to offer a full refund for the original purchase price less any third-party fees (including but not limited to OMVIC/AMVIC, government licensing fees or financing fees) of the vehicle where the following conditions are satisfied:
- All original items that were included with the vehicle at the time of delivery, excluding aftermarket accessories, must be present and on the vehicle;
- Ownership and registration for the vehicle must be provided to and be signed back over to Clutch; and
- No new liens have been assessed against the vehicle post-delivery.
- Partial Refund.
In the event of a Vehicle Breakdown 90 days after the vehicle delivery date and where the you have not meet the conditions for a full refund by Clutch as defined in Section 4(a) above, Clutch, in its sole discretion, may elect to provide you with a partial refund of the original purchase price of the vehicle.
- Return of Trade-In Vehicle. In the event that you you you traded in another vehicle when making your purchase, the “trade in vehicle” shall not be returned to you. Instead, you will be reimbursed for the trade-in value determined at the time of the initial sale less any applicable lien(s). Notwithstanding the foregoing, in the event that the loan value exceeds the trade value, you shall provide Clutch a bank draft for the difference.
- Transportation of Vehicle.Where Clutch elects to to to provide you with a Full Refund, Partial Refund, or Return of Trade-In Vehicle as defined above, it is Clutch's responsibility to arrange for and bear the costs of the transportation of the vehicle back to Clutch and the transport the trade-in vehicle back to you, where applicable.
- Repair. Clutch may elect to repair the Covered Parts of the vehicle that caused the breakdown as necessary to return it to a state of good working order. Specifically, Clutch shall:
- Conduct the repair using replacement parts that have a like kind and comparable quality to the Covered Parts; and
- Reimburse you for any towing expenses incurred as a direct result of the breakdown up to a maximum of $75 CAD.
- Replacement Vehicle During Repair Period. During During During the period where the vehicle is being repaired, Clutch may reimburse you for the reasonable cost of a rental vehicle from a third party, subject to pre-approval by Clutch and where you provide a receipt from the approved rental care provider.
Except as expressly set out in this Plan, Clutch does not make, offer, or extend any warranty or condition, express or implied, on the vehicle and specifically excludes and disclaims any and all warranties of MERCHANTABILITY, OR FITNESS OF VEHICLE FOR A PARTICULAR PURPOSE. YOU SHALL NOT BE ENTITLED TO RECOVER FROM CLUTCH ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING.
7. Limits of Liability
Clutch's liability for all claims related to the vehicle under this Plan will in no event exceed the wholesale value of the vehicle at the time of the claim. Clutch's total maximum liability for all benefits provided under this Plan will in no event exceed the purchase price of the vehicle indicated on the motor vehicle purchase agreement (excluding all tax and any third-party fees including government fees, licensing fees and financing fees).
8. General Terms
These terms shall be exclusively governed by and construed in accordance with the laws of the province where the vehicle was purchased and the federal laws of Canada applicable therein. Your provincial law may not allow limitations in the Plan. We follow provincial law where it is different from the Plan. If any of these terms and conditions are found to be unlawful, invalid or unenforceable, this does not affect the validity of the remaining terms and conditions, which continue to be valid and enforceable to the fullest extent permitted by law.
These terms and conditions constitute the entire agreement and understanding between you and us relating to the Plan and supersede anything previously passing between us relating to the Plan. You acknowledge that, in entering into the Plan, you have not relied on (and do not have any remedies in respect of) any representation or guarantee that is not expressly set out in these terms and conditions (other than in respect of fraudulent misrepresentation).
SCHEDULE 1 - ADDITIONAL INFORMATION (EXCLUSIONS)
The plan shall not apply in the following circumstances.:
- A breakdown caused by lack of customary, proper, or manufacturer's specified maintenance;
- A breakdown caused by contamination of or lack of proper fuels, fluids, coolants, or lubricants, including a breakdown caused by a failure to replace seals or gaskets in a timely manner;
- A breakdown caused by towing a trailer, another vehicle, or any other object unless the vehicle is equipped for this use as recommended by the manufacturer;
- A repair of any parts during a covered repair which are not necessary to the completion of the covered repair or were not damaged by the failure of a Covered Part;
- A breakdown caused by or involving modifications or additions to the vehicle or Covered Parts unless those modifications or additions were performed or recommended by the manufacturer;
- A breakdown caused by or involving off-roading, misuse, abuse, lift kits, lowering kits, oversize or undersize tires, racing components, racing, or any form of competition;
- Any repair which would normally be provided by the vehicle manufacturer, a repair shop, or part supplier under their respective warranty(s);
- Costs or other damages caused by the failure of a part not listed under Covered Parts;
- Damage to the vehicle caused by continued vehicle operation after the failure of a Covered Part;
- Any liability, cost, or damages you incur or may incur to any third parties other than for approved repair or replacement of Covered Parts which caused a breakdown;
- A breakdown caused by overheating, rust, corrosion, or physical damage;
- A breakdown caused by collision, fire, electrical fire, meltdown, theft, freezing, vandalism, riot, explosion, lightning, earthquake, windstorm, hail, water, flood, acts of the public enemy or any government authority, or for any hazard insurable under standard physical damage insurance policies whether or not such insurance is in force respecting the vehicle;
- A breakdown not occurring in the Continental United States or Canada;
- Loss of use, loss of time, loss profits or savings, inconvenience, commercial loss, or other incidental or consequential damages or loss that results from a breakdown;
- Liability for damage to property, or for injury to or death of any person arising out of the operation, maintenance or use of the vehicle whether or not related to a breakdown;
- Any cost or other benefit for which the manufacturer has announced its responsibility through any means including public recalls or factory service bulletins;
- Any part not covered by, or excluded by the vehicle's manufacturer's warranty;
- Adjustments of or to, or repair or replacement of, any Covered Part if a breakdown has not occurred or if the wear on that part has not exceeded the field tolerances allowed by the manufacturer;
- A breakdown if the vehicle's odometer fails, or for any reason does not record the actual mileage of the vehicle after purchase date, where you failed to have it repaired and the mileage certified within thirty (30) days of failure date;
- A breakdown if the vehicle is (a) used for business, deliveries, construction, or commercial hauling; (b) used as a postal vehicle, taxi, police car, or other emergency vehicle; (c) rented to someone else; (d) equipped with a snow plow or used to plow snow; (e) used or modified in a manner which is not recommended by the vehicle manufacturer.
- Exclusion of airbags: We disclaim any knowledge of, and make no representation or warranty as to the condition or operability of the airbag(s) on the vehicle unless otherwise disclosed to you on the Carfax Vehicle History Report. You acknowledge that Clutch has not made any representations, oral or in writing, as to the condition or operability of the airbag(s), and you accept the vehicle without representation or warranty from Clutch.