The "Extended Warranties" have been customized for
each year of the program. Common to each warranty are the following
elements:
Outlined below, is the most important sections of the
warranty protection in how it pertains to you, "The Buyer".
"Adverse Notice of
Reassessment"
Means a Notice of Reassessment issued by the CRA or any
provincial tax authority to a Buyer whose Extended Warranty is covered under
this policy that reassessed the federal or provincial income tax owing by the
particular Buyer on the basis that the fair market value of the Property is
less than the Warranty Value or the structure of the Charitable Donation
Program results in the reduction of the non-refundable tax credit that would be
claimed based on the Appraised Value;
"Appraised Value"
Means the
fair market value of the Property as set out in the Essential Merchandise
Certificate received from the Trustee in respect of the Property;
Article 8: Claims
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8.1 |
Claims upon this warranty by the
Insured Seller shall be made by presentation to Insurer and to Fasken Martineau
DuMoulin, Attention: FMV Tax Litigation Clerk, with a sworn proof of claim
substantially in the form attached as Exhibit E to this program completed and
duly executed by the Insured Seller (or its designated authorized
representative) with the following documents attached: |
Article 9: Designated
Beneficiaries & Subrogation
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9.1 |
Designated Beneficiaries: The
Insured Seller may designate any Buyer as a beneficiary under the Insured
Seller's policy. Each such designation shall be made by the delivery of a
completed and duly executed Designated Form to the Insurer that identifies the
Buyer, the Extended Warranty, and the Property to which it applies. Upon
receipt by the Insurer of the completed and duly executed Designation Form, the
policy coverage will become effective with respect to the identified Extended
Warranty for that Buyer. The designation of a Buyer shall be irrevocable unless
both the Buyer and the Insured Seller otherwise jointly direct the Insurer.
Where a Buyer has been designated as a beneficiary under this policy, any
coverage amount payable by the Insurer on behalf of the Insured Seller in
respect of an Extended Warranty shall be paid to or to the order of the Buyer.
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Program