HIRSCH’S MAINTENANCE CONTRACT

1.THE BENEFITS

Hirsch will pay the following benefits to indemnify the customer against:

1.1 Any repair of the product listed on the Maintenance contract to the extent provided by the manufacturer of the product, and extends that coverage for a further period commencing on the expiry of the manufacturers guarantee and ending on the maintenance contract expiry date in accordance with the terms selected after the manufacturers guarantee has expired.

1.2 Upon being provided with proof, any loss of frozen foods as a result of the appliance breaking down, where the fault is covered by Maintenance agreement to a maximum value of R500. Claims only apply to freezer contents.

2.SPECIFIC DEFINITIONS

The following definitions will apply to the terms used in this Maintenance contract:

Hirsch registered in terms of the company Act, Registration No.: 1622/87

The “Company “shall mean Hirsch.

The “Customer “shall mean a customer of Hirsch’s.

“Maintenance “shall mean the carrying out of all work required to keep the appliance, covered by the contact, in such condition that it may be continuously utilized, at its original or designed capacity and efficiently, for its intended purpose.”

3.FEES PAYABLE VIA:

3.1 Credit Card Sales and Cash Sales – Fee’s are collected up-front for the maintenance period selected.

3.2 Should payment for the cover not be received, the Company holds the right to cancel the cover.

4.Cancellation of cover.

4.1 The customer shall be entitled to cancel the Maintenance Contract as long as the customer gives written notice to Hirsch’s head office within 7 days of the purchase of the Maintenance Contract and Hirsch’s confirms that notice within 30 days.

4.2 In the event of the customer cancelling the Maintenance Contract, Hirsch’s shall refund the customer

within 21 days.

4.3 This contract is not renewable.

5.Claims REPORTING

5.1 If the manufacturer’s warranty period for the faulty appliance has not yet expired, it must be reported to the outlet where the item was purchased or the manufacturer immediately.

5.2 If the manufacturer’s warranty period for the product has expired the maintenance contract will be in effect.               Please call 071 678 7777 or 082 095 3777, 031- 582 4800 or e-mail hello@hirschs.co.za.

5.3 No third party may carry out repairs or modifications without prior written authorization from Hirsch’s.

5.4 Together with the invoice and proof of payment, the maintenance contract must be presented when a service invention is required.

5.5 Maintenance contract only comes into effect after the manufacturers guarantee expires.

6.SPECIFIC EXCLUSIONS

The Maintenance Contract policy does not cover anything which is not part of the appliance, including:

6.1 Use other than domestic use by the customer or his/her resident family at the declared address of the customer.

6.2 Failure by the customer or any other person to comply with the manufacturer’s instructions for installation, maintenance or general operation.

6.3 The use of accessories, which have not been approved by the manufacturer.

6.4 The application of any incorrect or abnormal conditions of use.

6.5 Any defect in writing, electrical connections or plumbing, which does not form part of the appliance at the time of original purchase or caused by power outages load shedding and electrical surges.

6.6 The presence in the appliance of any objects which it is not intended to cope with, such as hairpins and coins, in washing machines, hot foods in fridges and chewing gum and wax crayons in tumble dryers, broken glass in dishwashers.

6.7 neglect, misuse or willful abuse of the appliance.

6.8 Anything related to the appearance, which does not in Hirsch’s opinion stop the appliance working adequately.

6.9 Rust or effects of rust and corrosion.

6.10 Parts which are expected to wear out before the extended warranty period expires, including batteries, filters, disposable bags, fuses, light bulbs, racks, shelves, and trays.

6.11 Fire, flood, war, civil disturbance, industrial action, acts of God or any other cause beyond the reasonable control of Hirsch’s.

6.12 All glass surfaces including Ceran tops.

6.13 Any accessories or additions, which do not constitute the main body of the warranty agreement.

6.14 Any costs related to and including cleaning, clearing of breakages, overhaul and service.

6.15 Any call-out charges where the breakdown is not covered by the Maintenance Contract.

6.16 Any damages direct, indirect or consequential, relating in any way to the appliance.

6.17 Any damage to the equipment by lightning or thunderbolt unless fitted with adequate protection.

6.18 Infestation by insects or animals.

6.19 All remote controls.

6.20 Screen burn on all TV’s and monitors.

6.21 Cosmetics or parts that do not compromise the operation/function of the appliance.

7.GENERAL CONDITIONS

7.1 In the event of a technician being called out and no fault has been found the customer will be liable for the costs, including but not limited to call-out charges.

7.2 The repair shall be carried out in terms of this agreement within a radius of 50km from the appointed service agent. Should the repairer be required to travel beyond this radius, the customer will be charged at prevailing AA rates, milage charges will also apply for delivery and installation of replacement units where applicable.

7.3 Hirsch shall not be held liable for any costs incurred by an unauthorized repairer.

7.4 The Maintenance Contact cover shall in no way affect the terms and conditions of the sale agreement in terms of which the customer purchased the appliance.

7.5 The customer shall notify Hirsch in writing within 10 days of any change of address.

7.6 The customer is allowed to transfer this Maintenance Contract to any subsequent owner of the appliance, provided written notice of the change of ownership is given to Hirsch’s within 14 days of the change.

7.7 The customer shall take all reasonable precautions to maintain the appliance on good working order.

7.8 If the defective item covered by the warranty is to be credited or replaced and is one of a twin pair of a set, only the defective unit will be replaced and not the pair or the set, even though the replacement unit may vary in design and functionality from the original.

7.9 In the event of a credit being accepted or a replacement unit being offered and accepted, the defective unit must be returned or collected within 14 days of acceptance.

7.10 In the event that an item, under the Maintenance Contract is uneconomical to repair, the cost to repair is more than the replacement value, cannot be repaired and/or has subsequently been discontinued, an upgrade option or a replacement model available at the time will be offered at a fee determined by the age of the appliance, as follow:

1 year into the warranty – 10 % of the replacement cost

2 years into the warranty – 20 % of the replacement cost

3 years into the warranty – 30 % of the replacement cost

7.10.1 No refund off the product purchase price or maintenance contract will be considered under any circumstances.

7.11 If the item covered by the maintenance certificate is stolen or physically damaged, through no fault of the product, whilst still under the manufacturers guarantee or maintenance contract the contract fee will not be refunded neither will the contract be transferred.

7.12 In the event that a gas appliance covered by the warranty, requires repairs, the law requires that a certificate of conformity be presented before any work is undertaken.

7.13 Technology advances and replacement product availability may result in a replacement product with a lower selling price that the original being offered but being of similar technical specifications as the original.

Aesthetics, cosmetics and the design of the replacement may differ.

7.14 Hirsch’s has entitlement to the salvage.

7.15 Maintenance Contract becomes void at the replacement of any product under any circumstance.