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APPLIANCE MAINTENANCE POLICY. Underwritten by. The Hollard Insurance Company Limited

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APPLIANCE MAINTENANCE POLICY

Underwritten by

The Hollard Insurance Company Limited

22 Oxford Road (entrance in Federation Road), Parktown, 2193 Tel: 011 351 5000

SERVICE CONTACT DETAILS

Customer care and service related queries – MasterCare - 0861 608 600 Account queries - PWS - 0861 876 642

COMPLAINTS

Please write to:

The Hollard Insurance Company – HIP Division P O Box 87419

2041 Houghton

Fax Number: 011-351- 1405

PREAMBLE

In return for the prior payment of the premium by or on behalf of the Insured and the receipt thereof by Hollard, Hollard agrees to repair specified products that have failed during normal usage. Failure must be caused by the Insured Events and must occur during the Period of Insurance. Indemnity is subject to this policy’s terms, exclusions, exceptions and conditions and the sums insured, limits of indemnity, compensation and other amounts specified therein.

1.

DEFINITIONS

“Hollard” means The Hollard Insurance Company Limited (Hollard). Hollard is a registered insurance company for the purposes of the Short-term Insurance Act 1998 and a licensed Financial Services Provider for the purposes of the Financial Advisory and Intermediary Services Act 2002.

“PWS” means Product Warranty Solutions (Proprietary) Limited, who have been appointed by Hollard as Underwriting Managers.

“MasterCare” means MasterCare (Proprietary) Limited, the service provider who will provide repair services on the Insured Property.

“Insured” means the person named in the schedule of insurance as the owner of the policy.

“Major Appliances” means washing machines, dish washers, tumble dryers, fridges, freezers, microwave ovens and stoves.

“Electronics” means televisions, plasma, LCD, rear projection television, VCR, home theatre systems (piped automated home sound systems are excluded), mini hi-fi systems and DVD players.

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“Insured Property” means the Major Appliances and Electronics products specified by the Insured.

“Manufacturer” means the manufacturer of the Major Appliances and Electronics.

“Excess” means the amount to be borne by the Insured in respect of each and every claim.

2.

INSURED EVENTS

This insurance policy provides indemnity for sudden and unforeseen mechanical or electrical breakdown of Major Appliances and Electronics nominated by the Insured and specified in the schedule of insurance (Insured Property).

3.

BENEFITS

The Insured Property will be restored to normal operating condition after it has failed during normal single-family household use.

This policy covers the following:

3.1 House calls up to a 50 (fifty) km radius from the nearest MasterCare dealer. 3.2 Labour costs.

3.3 The cost of replacement parts on products younger than 5 (five) years.

3.4 A maximum of R1 000 (one thousand rand) value of spares on products older than 5 (five) years.

The following limitations apply:

3.5 Damage caused by lightning is limited to R500 (five hundred rand).

3.6 Damage to standard television picture tubes is limited to R500 (five hundred rand).

3.7 If the Insured has more than one product installed of the same type e.g. two refrigerators, Hollard will cover the first product for which the Insured files a claim, unless the Insured has coverage on all products of the same product type, where model numbers and serial numbers are specified.

4.

BASIS OF INDEMNITY

4.1. This policy is a domestic cover policy where an in-home service is provided, and where an attempt will be made to repair the Insured Property in-home.

4.2 In the event that it is not feasible or possible to perform an in-home repair, the Insured Property will be removed, repaired and returned within 14 (fourteen) working days of collection at no expense to the Insured, subject to the Excess payment.

4.3 In the event that the Insured Property is irreparable, PWS will assist the client with obtaining a replacement product at a discounted rate from one of its partner retailers. This policy does not, however, provide indemnity for the cost of the replacement product.

5.

WAITING PERIOD

5.1 There is a 3 (three) month waiting period before the Insured may qualify for benefits, and 3 (three) payments must have been received.

5.2 Within the 3 (three) month waiting period, Hollard, assisted by MasterCare and PWS, reserves the right not to cover a nominated appliance or product. The Insured will be made aware in writing and will be given the opportunity of adding another item for cover.

6.

PERIOD OF INSURANCE

Cover begins on the dates identified on the schedule of insurance. This policy is valid for one calendar month and cover will continue on a month-to-month basis if payment is up to date.

7.

PREMIUMS

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7.2 The premium must be paid on the due date, this date being the first day of every month. 7.3 If the premium is not received from the Insured by the due date or within 15 (fifteen) days after

the due date (save in the first month), the policy shall automatically terminate from 24:00 (midnight) on the last day of the month for which premium was actually received.

7.4 The premium is payable in advance and cover will only be for that period in respect of which premium has been paid.

8.

GENERAL CONDITIONS

The following conditions are applicable to this policy:

8.1 Indemnity is limited to repairs only and costs shall not exceed the purchase price of the Insured Property or part in question. The original Manufacturer’s warranty can be used under this contract by the service provider to repair the goods, should the warranty still be valid, based on the original purchase date.

8.2 Hollard is not obligated to renew the policy.

8.3 Genuine factory parts will be used whenever possible; however the use of non-original and re-manufactured parts is permitted in terms of this policy.

8.4 MasterCare, in its sole discretion, will determine if the Insured Property is non-repairable. 8.5 MasterCare is not responsible for any failure or delay in performing service due to causes

beyond its control.

8.6 MasterCare, PWS or third party service providers do not accept responsibility for Manufacturers, agents and other parties not having spare parts of the Insured Property. MasterCare will use its best endeavors to source spare parts from the Manufacturer, agent or other party. Should spare parts not be available from these sources after 60 (sixty) days, MasterCare will render the Insured Property irreparable. PWS will then assist the Insured with obtaining a replacement product at a discounted rate from one of its partner retailers. Cover will be amended accordingly. This policy does not, however, provide indemnity for the cost of the replacement product.

8.7 All notices must be in writing (by hand, email, fax or post deemed delivered 72 (seventy two) hours after posting and sent to the last known address of either party.

8.8 The Insured is required to provide the following:

8.8.1 Full cooperation with MasterCare and authorized service technicians during diagnosis and repair of the covered product;

8.8.2 Accessibility to the Insured Property;

8.8.3 A non-threatening and safe environment for in-home repair; 8.8.4 The presence of an adult at the time of scheduled repair. 8.9 The Insured undertakes:

8.9.1 To ensure that the Insured Property is not used for business or commercial purposes; 8.9.2 To provide normal preventative maintenance for the Insured Property;

8.9.3 To provide written notice of any defect or deficiency in repairs within 90 (ninety) days of discovery by the Insured.

8.10 Insured Property can be moved to a new address in South Africa once a year on condition that PWS is notified in writing.

9.

NOTICE OF AMENDMENTS TO COVER

9.1. Hollard may amend or endorse this policy at any time by giving the Insured 30 (thirty) day’s written notice. Notice will be given by fax or by post to the Insured’s last known address. 9.2. Monthly premiums may be increased due to changes in legislation concerning this product or

changes due to market conditions, subject to Hollard giving the Insured 30 (thirty) day’s prior notification in writing.

9.3. Any changes which the Insured makes will be effective from the time and date agreed to.

10.

GENERAL EXCLUSIONS

Hollard shall not be liable for:

10.1 components, products or items not specifically listed herein;

10.2 consumable, replaceable items such as batteries, tapes, ribbons, bulbs, hoses, water membranes, air & water filters, fuses, belts, knobs, vacuum cleaner belts, bags, projection TV

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screen protectors, film, accessory cables, removable data storage media and obsolete spare parts i.e. grey parts;

10.3 any repair covered by a Manufacturer's original warranty or initiated by the Manufacturer, or recall program whether the Manufacturer is in business or not and all new products with less than an original 90 (ninety) day Manufacturer's parts and labour warranty and costs associated with the Manufacturer's recommended normal maintenance;

10.4 unauthorized repairs performed by third parties;

10.5 failures of components such as cabinets, frames, masks, finish defects, glass, and scratched lenses;

10.6 damage or failures caused by freezing, inadequate wiring, the antennae, electricity supply to the product, power surges, rust, corrosion, infestation, negligence, abuse, misuse, force

majeure, failure to follow the Manufacturer's recommended maintenance, improper installation,

leaking batteries, video games and other display markings, problems with phone lines; 10.7 repair or replacement parts caused by defects that existed prior to the inception of this policy; 10.8 service outside the borders of South Africa;

10.9 use other than domestic use by the Insured or his/her immediate family resident at the address appearing on the schedule of insurance;

10.10 loss or damage to recording media, software or data, computer viruses, software defects or software generated problems;

10.11 upgraded, retrofit, or unapproved components;

10.12 TV image burn-in, plasma or LCD panels for minor pixel illumination issues that do not affect the overall viewing of the panel such as, but not limited to, missing pixels, intermittent pixels, or wrong color pixels;

10.13 M-NET decoders and Satellite Dishes and decoders; 10.14 the cost of collection outside the 50 (fifty) km radius; 10.15 any consequential loss or damages whatsoever.

11.

CLAIMS

On the happening of any event that may result in a claim under this policy, the Insured shall, at the Insured’s own expense:

11.1 give notice thereof by calling the telephone number displayed on the schedule of insurance as soon as reasonably possible but at least within 30 (thirty) days of the occurrence of the event, and provide particulars of any other insurance covering such events as are hereby Insured; 11.2 submit full details in writing of any claim as soon as practical after the event;

11.3 give such proofs, information and sworn declarations as PWS or Hollard may require and forward to PWS immediately any notice of claim or any communication, writ, summons or legal process issued or commenced against the Insured in connection with the event giving rise to the claim.

12.

SPECIFIC CONDITIONS APPLICABLE TO REPAIRS

12.1 Repairs may not be carried out without prior authorisation of PWS or Hollard.

12.2 In the case of an authorised repairer being called out for a fault covered by the policy, Hollard shall pay the repairer for all labour and materials supplied in terms of the policy, while the Insured shall be liable to pay the repairer all other charges, including but not limited to the Excess, should no defect be found in the appliance.

12.3 Repairers so authorised by Hollard reserve the right not to do house calls in areas where their personal safety may be at risk.

13.

EXCESSES

The Insured shall be responsible for the following Excesses:

13.1 For appliances younger than 5 (five) years an Excess of R75 (seventy five rand) is payable in the event of a first repair. In the event of a second repair on the same product within 12 (twelve) months of the first repair the Excess will be R100 (one hundred rand) and in the event of a third repair on the same product within 12 (twelve) months of the first repair the Excess will be R150 (one hundred and fifty rand).

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13.2 For appliances older than 5 (five) years an Excess of R150 (one hundred and fifty rand) is payable in the event of a first repair. In the event of a second repair on the same product within 12 (twelve) months of the first repair the Excess will be R200 (two hundred rand) and in the event of a third repair on the same product within 12 (twelve) months of the first repair the Excess will be R250 (two hundred and fifty rand).

Excesses are payable on arrival or at the time of booking the repair via cash or credit card only.

14.

MISREPRESENTATION, MISDESCRIPTION AND NON-DISCLOSURE

Misrepresentation, misdescription or non-disclosure of any material information or fact shall render this policy void at Hollard’s option.

15.

OTHER INSURANCE / DUAL INSURANCE

If at the time of any event giving rise to a claim under this policy any insurance exists with any other insurer(s) covering the Insured against the Insured Events, Hollard shall be liable to make good only such portion of the loss not recoverable from such other insurance by virtue of the application of any deductible or the exhaustion of any limit of liability or the application of any average condition. This policy shall not otherwise be called into contribution with any other policy or policies covering the Insured against the Insured Events.

16.

PREVENTION OF LOSS

The Insured shall take all reasonable steps and precautions to prevent or mitigate losses.

17.

FRAUD

If any claim under this policy is in any respect fraudulent or if any fraudulent means or devices are used by the Insured or anyone acting on the Insured’s behalf or with the Insured’s knowledge or consent to obtain any benefit under this policy or if any event is occasioned by the wilful act or with the connivance of the Insured, all benefits afforded under this policy and all premiums paid shall be forfeited and the policy shall be void at Hollard’s option.

18.

NO RIGHTS TO OTHER PERSONS

Unless otherwise provided herein, nothing in this policy shall give any rights to any person other than the Insured. Any extension providing indemnity to any person other than the Insured shall not give any rights of claim to such person, the intention being that the Insured shall claim on behalf of such person.

19.

LEGAL JURISDICTION

This policy is subject to the laws of the Republic of South Africa whose courts have sole jurisdiction to the exclusion of the courts of any other country. Where payment is to be made to Hollard, it shall be made in the currency of the Republic of South Africa at Hollard’s head office unless Hollard allows otherwise.

20.

CANCELLATION

The Insured may cancel at any time, subject to a 30 (thirty) day notice period, via the following processes:

20.1 Notification must be made in writing to Hollard or its appointed administrator.

20.2 Hollard has the right to cancel the insurance after any claim subject to 30 (thirty) days notice, in which case the unearned premium, if any will not be refundable.

20.3 Hollard reserves the right to cancel its obligations under this agreement with respect to any Insured Property with effect from the date that the fault is reported in relation to any Insured Property if MasterCare, having used reasonable endeavours, is unable to procure the spare parts necessary to restore the Insured Property to working condition or where in the opinion of MasterCare the cost of repair would exceed the current market value of the Insured Property. The Insured acknowledges that should a spare part have been available MasterCare would have been obliged to effect the repair and that this cancellation does not entitle the Insured to a refund of any monies paid.

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21.

REJECTION OF CLAIM AND TIME BAR

If Hollard declines liability for a claim in terms of this policy, voids this policy or if the Insured disputes the amount of the claim, representation may be made to Hollard within 90 (ninety) calendar days of the date of the letter of rejection or cancellation. Representation must be submitted in writing to:

The Hollard Insurance Company – HIP Division P O Box 87419

2041 Houghton

Fax Number: 011-351- 1405 Alternatively, the Insured may contact:

The Ombudsman for Short Term Insurance P O Box 32334

Braamfontein 2017

Tel Number: 011-726-8900 Fax Number: 011-726-5501

If the dispute is not satisfactorily resolved in this manner, legal action may be instituted against Hollard for the enforcement of the claim by way of the service of summons against Hollard. Summons must be served on Hollard within 180 (one hundred and eighty) calendar days of the original letter of cancellation, failing which all benefits in respect of such claim shall be forfeited and no liability can arise in terms of such claim.

22.

NON-PERFORMANCE OF OBLIGATIONS

Under no circumstances shall PWS, MasterCare or any of its service providers be liable for any indirect or consequential damages arising out of or relating to its performance or failure to perform under this agreement

References

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