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
- 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 firstname.lastname@example.org
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
- 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
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 email@example.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
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
(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.