EXP PRO CARE Terms and Conditions

How Consumer Rights Affect this Plan

THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES

PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT

PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO

RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT

OF THE NON-PERFORMANCE BY EXP PRO OF ANY OF ITS CONTRACTUAL OBLIGATIONS.

The Plan

This contract (the “Plan”) governs the services provided by EXP PRO under the above plans and

includes the terms in this document, your Plan Confirmation (“Plan Confirmation”), and the

original sales receipt for your Plan. Your Plan Confirmation will be provided to you at the time of

purchase or sent to you automatically thereafter.

Benefits under this Plan are additional to your rights under applicable laws, the manufacturer's

hardware warranty and any complimentary technical support. The terms of the Plan apply the

same whether for a fixed term of coverage (“Fixed-Term Plan”), or for a monthly recurring term of

coverage (“Monthly Plan”), except where otherwise noted. Your Plan may be paid by you or a

third party who finances or otherwise pays for your Plan (a “Plan Payment Provider”).

The Plan covers the following equipment (collectively, the “Covered Equipment”): (i) the EXP48PRO Battery and the

EXP96PRO Battery.

Plan Term and Renewal

Plan coverage begins when you purchase the Plan and continues, unless cancelled, through the

date specified in your Plan Confirmation (the “Plan Term”).

For Monthly Plans, your recurring Plan Term is one (1) month.

YOU ACKNOWLEDGE AND AGREE THAT YOUR MONTHLY PLAN WILL

AUTOMATICALLY RENEW EVERY MONTH UNLESS AND UNTIL CANCELLED.

YOUR EXPRESS AND AFFIRMATIVE CONSENT ACKNOWLEDGING AND AGREEING

WITH THE ABOVE PROVISION IS REQUIRED AND CAPTURED AS PART OF THE

SALES PROCESS FOR RECURRING EXP PRO CARE PLANS, AND SUCH CAPTURED

AFFIRMATIVE CONSENT IS INCLUDED IN AND FORMS A PART OF THIS PLAN.

Each renewal will be at the original plan purchase price, unless you are notified in

advance of a price change in accordance with section 11 of this plan. Monthly Plans may

not be available for all Covered Devices.

For Fixed-Term Plans, your Plan Term is fixed as set forth on your Plan Confirmation. EXP PRO is not

obligated to renew your Fixed-Term Plan. If EXP PRO does offer to renew, EXP PRO will determine the

price and terms.

For Monthly Plans and Fixed-Term Plans you agree to have

the credit card or debit card used for your initial Plan purchase kept on file to automatically charge in advance of the first day of

each renewal or installment period following your initial payment.

If your Payment Source cannot be charged for any reason, and you have not otherwise

made the appropriate renewal or installment payment on time, your Plan coverage will cease

from the due date. EXP PRO has the right, but not the obligation, to accept any late payment and

allow your Plan to continue from the date of late payment. For Monthly Plans only, if the price of

your Monthly Plan is subject to change upon renewal, you will be notified in advance of any price

increase, in accordance with Section 11 of this Plan.

You can find the price of the Plan on the original sales receipt as provided by EXP PRO.

What is Covered?

3.1 Hardware Services for Defects or Consumed Battery (“Hardware Service”)

If during the Plan Term, you submit a valid claim by notifying EXP PRO that a defect in materials and

workmanship has arisen in the Covered Equipment or, in relation to Covered Equipment which

uses an integrated rechargeable battery, where the capacity of the Covered Device’s battery to

hold an electrical charge is less than eighty percent (80%) of its original specifications, EXP PRO will replace your battery with a new unit.

If EXP PRO exchanges the Covered Equipment, the original

product becomes EXP PRO’s property and the replacement product is your property, with coverage

effective for the remainder of the Plan Term.

3.2 Services for Accidental Damage from Handling (“ADH Service”)

If during the Plan Term you submit a valid claim by notifying EXP PRO that the Covered Device has

failed due to accidental damage from handling resulting from an unexpected and unintentional

external event (such as, drops and damage caused by liquid contact) (“ADH”), EXP PRO will exchange the Covered Device with a replacement product that is new.

Each time you receive services for ADH is a “Service Event”.

Exclusions apply as described below. Further, services for ADH expire and all of EXP PRO’s

obligations to you under this section are fulfilled in their entirety once EXP PRO has provided to you:

two (2) Service Events within each twelve (12)-month period based on your Plan’s original

purchase date as specified on the original sales receipt. Any unused Service Events will expire and

you will get two (2) new ADH Service Events to use within the next twelve (12)-month period of

continued coverage. All other Plan benefits continue throughout.

3.3 Technical Support

During the Plan Term, EXP PRO will provide you with priority access to telephone and web-based

technical support for Covered Equipment (“Technical Support”). Technical support may include assistance with installation,

configuration, troubleshooting, and determining when

hardware service is required or ADH coverage may be applicable.

Exclusions apply as described below.

What is not Covered?

4.1 Hardware Services and ADH Services

EXP PRO may restrict Hardware Service and ADH Services to the country where the Covered

Equipment was originally purchased.

EXP PRO will not provide Hardware Services or ADH Services in the following circumstances:

(a) to protect against normal wear and tear, or to repair cosmetic damage not affecting the

functionality of the Covered Equipment;

(b) to conduct preventative maintenance;

(c) to repair damage caused by reckless, abusive, willful or intentional conduct, or any use of the

Covered Equipment in a manner not normal or intended by EXP PRO;

(d) to repair damage caused by a product that is not Covered Equipment;

(e) to repair any damage to Covered Equipment (regardless of the cause) if the Covered

Equipment has been opened, serviced, modified, or altered by anyone other than EXP PRO or an

authorized representative of EXP PRO;

(f) to repair pre-existing conditions of the Covered Equipment if you purchased the Plan after you

purchased the Covered Equipment;

Installation of third-party parts may affect your coverage. As a condition of receiving Hardware or

ADH Services, all Covered Equipment must be returned to EXP PRO in its entirety including all

original parts or EXP PRO-authorized replacement components. The restriction does not prejudice

your consumer law rights.

How to Obtain Service and Support?

You may obtain service or Technical Support by calling EXP PRO at 360-718-2862 option 1 or emailing orders@exppropower.com

You must provide your Plan Confirmation, and the

original sales receipt for your Covered Device and your Plan.

Service Options

EXP PRO will provide hardware services to you through one or more of these options:

(b) Mail-in service. Direct mail-in service is available for most Covered Equipment. If EXP PRO

determines that your Covered Equipment is eligible for mail-in service, EXP PRO will send you

prepaid waybills (and, if needed, packaging material). You must ship the Covered Equipment to

us in accordance with EXP PRO’s instructions. EXP PRO will pay for shipping to and from your location if you follow

all instructions.

Your Responsibilities

To receive service or support under the Plan, you agree to (i) provide your original proof-of-purchase

and a copy of your Plan’s original proof of purchase, (ii) provide information about the

symptoms and causes of the issues with the Covered Equipment, (iii) respond to requests for

information needed to diagnose or service the Covered Equipment, (iv) follow instructions EXP PRO

gives you.

8. Cancellation

8.1 Your Cancellation Rights

Regardless of your method of purchase, you may cancel this Plan at any time for any reason.

(a) Cancellations with the return of your Covered Device:

Regardless of your Plan type, to cancel this Plan with the return of your Covered Device as permitted by the original sales channel’s return

policy, go to the original sales channel of your Covered Device purchase (whether a Reseller or

EXP PRO). Contact EXP PRO to notify of the returned product. You will receive a full Plan refund.

(i) For Monthly Plans:

To cancel a Monthly Plan immediately you may:

Call EXP PRO at 360-718-2862 or e-mail EXP PRO at orders@exppropower.com; or send written notice to

Agreement Administration,107 E 7th St Vancouver, WA 98660, U.S.

If e-mailing or sending written notice to cancel Your Monthly Plan, please

provide your Covered Device’s Serial Number (if available), Your Product proof-of-purchase, Your Plan’s

original proof of purchase, and contact information.

You may also:

Turn off your next Monthly Plan renewal through your billing platform.

Your Monthly Plan will remain active until the end of that

month at which point it will be cancelled and no cancellation refund will be provided.

Your failure to timely and fully make any monthly payment will be deemed an expression of your

intent to cancel your Plan and no cancellation refund will be provided.

8.2 EXP PRO’s Cancellation Rights

If your Payment Source cannot be charged for any reason for amounts due, including for any

Monthly Plan renewal or other installment payment owed by you, and you have not otherwise

made the appropriate payment by the due date or any applicable renewal date, your Plan may be

cancelled for nonpayment and your Plan coverage will cease from the due date or renewal date.

Additionally, unless applicable local law provides otherwise, EXP PRO may cancel this Plan for fraud

or material misrepresentation, or if service parts for the Covered Equipment are not available,

upon sixty (60) days’ prior written notice. If local law permits and EXP PRO cancels this Plan for the

unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.

8.3 Effect of Cancellation

Upon the effective date of cancellation, EXP PRO’s future obligations under this Plan to you are fully

Extinguished.

10. Plan Changes

The Plan terms and conditions originally issued to you will remain in effect for the duration of

your Plan Term and each Monthly Plan renewal if applicable, unless EXP PRO notifies you of revised

Plan terms and conditions. EXP PRO may, at any time, revise any of the terms and conditions of this

Plan, including the price and applicable service fees, upon sixty (60) days’ written notice to you, or

longer if required by law (“Notice Period”). Such notice will be provided in a separate writing or

email, or by other reasonable method. If you do not agree to the revised Plan terms and

conditions, you may cancel the Plan without penalty. If you do not cancel the Plan within the

Notice Period, your continued payment of monthly or other installment charges (if applicable) or

request for service under the Plan after receiving notice of a change in your Plan terms and

conditions, including with respect to a change in price or service fees, will be deemed consent by

you to be bound by such revised Plan terms and conditions. In any event, you may cancel the Plan

at any time in accordance with Section 9.

If EXP PRO adopts any revision to this Plan that would broaden your coverage without additional

cost or any increase in service fees, the broadened coverage will immediately apply to this Plan.

11. General Terms

(a) EXP PRO may subcontract or assign performance of its obligations to third parties but shall not

be relieved of its obligations to you in doing so.

(b) EXP PRO is not responsible for any failures or delays in performing under the Plan that are due to

events outside of EXP PRO’s reasonable control.

(c) You are not required to perform preventative maintenance on the Covered Equipment to

receive service under the Plan.

(d) This Plan is offered and valid only in the fifty states of the United States of America and the

District of Columbia. Persons who have not reached the age of majority may not purchase this

Plan. This Plan may not be available in all jurisdictions, including all provinces or territories of the

United States and is not available where prohibited by law.

(e) In carrying out its obligations EXP PRO may, solely for the purposes of monitoring the quality of

EXP PRO’s response, record part or all of the calls between you and EXP PRO.

(f) You agree that any information or data disclosed to EXP PRO under this Plan is not confidential or

proprietary to you. Furthermore, you agree that EXP PRO may collect and process data on your

behalf when it provides service. This may include transferring your data to affiliated companies or

service providers in accordance with the EXP PRO Customer Privacy Policy.

(g) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation,

shall prevail over any conflicting, additional, or other terms of any purchase order or other

document, and constitute your and EXP PRO’s entire understanding with respect to the Plan.

(h) EXP PRO is not obligated to renew any Fixed-Term Plan. If EXP PRO does offer renewal, EXP PRO will

determine the price and terms.

(i) There is no informal dispute settlement process available under this Plan.

(j) Except where prohibited by law, the laws of the State of California govern Plans purchased in

the United States. If these terms are inconsistent with the laws of any jurisdiction where you

purchase this Plan, including the laws of Alabama, Arizona, Florida, Georgia, Nevada, Oregon,

Vermont, Washington, Wisconsin and Wyoming, then the laws of that jurisdiction will control.

(k) Support services under this Plan may be available in English only.