Merchants can offer you to purchase an additional warranty. This warranty provides for repairs, replacement or reimbursement in the event the item is defective. Generally speaking, there are 2 types of additional warranties:
- extended warranties, which extend the length of the warranty offered free of charge by the merchant or manufacturer. It is the merchant who sold you the item or the item's manufacturer who applies this warranty; and
- "insurance" type additional warranties, which consist of protection that is added to the warranty the item's merchant or manufacturer offered you free of charge. A third party (other than the merchant or manufacturer) usually applies this warranty.
Coverage provided by an extended warranty
Read the additional warranty contract to find out:
- what is covered;
- what is not covered, in other words, the exclusions;
- the terms and conditions.
How to have an "insurance" type of warranty applied
If your item is covered by an "insurance" type of warranty, you must follow these steps to enforce your rights:
- Notify the person in charge of the warranty of the problem.
- Ask the person in charge of the warranty to have the item repaired or obtain their authorization to have it repaired.
- If that person refuses, send them a formal notice to repair the item or have it repaired. The page titled Sending a formal notice explains how to proceed.
You must show that:
- the item has a defect that is covered by the additional warranty; and
- you abided by the terms and conditions of the contract.
How to have an extended warranty applied
If your item is covered by an extended warranty, you must follow certain steps to enforce your rights. Among other things, you will have to ask the merchant or manufacturer to have the item repaired or obtain their authorization to have it repaired.
You must show that:
- the item has a defect that is covered by the extended warranty; and
- you abided by the terms and conditions of the contract.
What if the merchant or manufacturer refuses to apply the warranty? First, try to come to an agreement. The page titled Negotiating with a merchant explains how to proceed.
If the negotiation fails, you can send a formal notice to the merchant or manufacturer. The page titled Sending a formal notice provides details on this subject.
If the merchant or manufacturer fails to respond to the demands formulated in your formal notice, you may have recourse options before the courts. The page on the small claims court provides details.
In the event the company closes
Generally speaking, the law does not provide for protection rules regarding amounts paid to obtain an additional warranty. If the company that sold you an additional warranty closes its doors, you may not be able to recover the amount you paid.
If you purchased an "insurance" type of warranty for an automobile, and the company can no longer honour it, you have recourse options.
In order to carry out their operations, additional warranty merchants in the automobile industry must provide a security to the Office de la protection du consommateur. This amount could be used to compensate you should the merchant fail to abide by their obligations.
You can contact the Office to find out how to file a claim.
Last update : June 27, 2023
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.
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