Recall and Consumer Compliance - Canada

Published 12/12/2018, 08:23 PM
Last Update 09/23/2024, 07:41 PM

PRODUCT RECALLS

The Consumer Product Safety Act protects the public by addressing or preventing dangers to human health or safety posed by consumer products in Canada, including those that circulate within Canada and those that are imported (“Recalled Product”). This section defines what actions are required under the Act, and the measures we have implemented to ensure the safety of our employees.

To ensure timely action, all recall notifications must be emailed to psicanada@bestbuycanada.ca, with the affected product’s Category Leadership team on copy.

In the event of a Product recall (including without limitation, a recall of one or more components of a Product), whether or not initiated by the Vendor, the Vendor will:

  1. Immediately accept all liabilities for the Recalled Product’s SKU(s) for the lifetime of the Product;
  2. Not assign any responsibilities of Recalled Product SKU without first obtaining written approval from Dealer;
  3. Agree and acknowledge that the Dealer reserves the right to implement an immediate payment hold pending completion of a risk assessment;
  4. Agree and acknowledge that any recall will result in the termination of the Recalled Product SKU and that any replacement Product (including instances where Recalled Product is being replaced by a revised version of the same model or manufacturer part number) will require the set-up of a new SKU and UPC;
  5. Ensure all appropriate authorities including, but not limited to Health Canada, have been properly notified;
  6. Provide an Open RMA and shipping carrier account for the processing of all Recalled Product and accept all returns of the affected SKU(s), at any time, without restriction and regardless of condition. For clarity, the cost of the Recalled Product returned will deducted from the amounts owed to Vendor;
  7. Not commit to Dealer’s participation in a recall remediation plan (i.e. return to retail) without first obtaining written authorization from Dealer. Dealer reserves the right to charge Vendor for remediation activities that are excessive or impactful to core responsibilities, as determined by Dealer in its sole discretion, or for remediation activities that incur additional costs to the Dealer. For clarity, additional charges will be deducted from any amounts owed to the Vendor. For the protection of its employees and properties, Dealer reserves the right to refuse any Recalled Product return where it’s determined by Dealer at its sole discretion, said return(s) are unsafe;
  8. Agree and acknowledge that Dealer will not provide refunds to customers without a Recalled Product being returned to stores. Conversely, Dealer cannot accept return of Recalled Product without issuing a refund to customer or debiting the vendor’s account at the time of the recalled Products’ return to vendor;
  9. Prepare and post recall notices (in both English and French) and prepare and provide Dealer notices to post in-store and online to advise customers of the recall. Furthermore, Vendor is solely responsible for assuring any customer communications are offered in both English and French languages;
  10. Accept all responsibilities for customer notifications, whether by standard mail or email, as required by the governing authority (i.e. Health Canada). Vendor will be solely responsible for all costs associated with any customer communication with respect to the recall;
  11. Execute Dealer’s standard Non-Disclosure Agreement before receiving any customer information or sales data to be used exclusively for the purpose of customers’ notification of the recall;
  12. Obtain Transport Canada approval that Recalled Product is suitable transport and provide a copy of such approval at Dealer’s request. Additionally, the Vendor will bear all costs and responsibilities for securing and providing all equivalency certificates, shipping materials, guidelines and such other documents as required in connection with Product which are subject to Transportation of Dangerous Goods Regulations. This includes, without limitation, for the transportation of all such Product from stores to Dealer’s designated location for consolidated pick-up by Vendor. For clarity, Dealer will not accept returns in store without Transport Canada’s approval to ship product;
  13. Agree and acknowledge that Dealer reserves the right to recycle, at Vendor’s sole expense, any Product that is recalled where, in the sole discretion of Dealer, the Recalled Products’ condition may cause injury or property damage;

More information about Canadian Recalls available at: Health Canada Recalls

More information about the Act available at: Consumer Product Safety Act
 

CONSUMER PRODUCT SAFETY CLAIMS

Health Canda requires that a Consumer Product Incident Report is submitted with 2 days a seller, distributor, importer or manufacturer is made aware of a consumer incident claiming injury, death, or property damage.

To ensure Dealer’s ability to comply with these regulations, the Vendor will:

  1. Update all relevant sections of; and return Health Canada forms to the contact designated by Dealer within 2 business days of Dealers request.
  2. Cooperate with and respond to any questions from Dealer's insurance claims adjuster.
  3. Provide a Return Authorization within 3 days of Dealer's request.
  4. Assume all responsibilities and costs of retrieving a product, or products that are subject to a claim upon request from Dealer.
  5. Accept and acknowledge that Dealer may refuse any request to retrieve affected product from a customer on Vendor’s behalf where the affected products’ condition poses risk or threat to its employees or property.
  6. Be solely responsible for the replacement (with product having same or better features as the affected product) or refund where Vendor retrieves product directly from a customer.
  7. Provide Dealer with updates about investigations and final determination about any corrective actions.

Additional information about Product Safety regulations available on the Health Canada Website.
 

Please contact your Best Buy Canada Product Manager with any questions relating to this Best Buy Canada policy.

Return to the Warranty Service and Return Procedures Overview for Canada.