Extended Warranty Service Contract

EXTENDED WARRANTY SERVICE CONTRACT
  1. Legal Contract. This is a legal contract ("Contract") for an extended warranty service contract for a Raven scanner or scanner(s) (“the Scanner”) as set forth in Exhibit A. A copy of this Contract can be found at raven.com. By purchasing it, you understand that it is such a contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. Unless revised by Us with at least 30 days advance written notice to You, which notice shall be deemed to be given when posted on Our website at raven.com, this Contract (including its terms, conditions, limitations, exceptions, and exclusions) constitute the entire agreement, and no representation, promise, or condition not contained herein shall modify these terms. This is not a contract of insurance.
  2. Definitions. "We," "Us," and "Our" mean the company obligated under this Contract, as follows: Starfish Technologies, LLC DBA Raven. Our Service Center is located at 10414 Rockley Houston, TX 77099, and our phone number is 1-800-713-9009. "You" and "Your" mean the individual who purchased this Contract or the individual to whom this Contract was properly transferred. 
  3. What This Contract Covers. This Contract covers the cost of parts and labor to repair Your Scanner in the event Your Scanner experiences a mechanical or electrical breakdown during the Term, which is not excluded under Section 4 (What is Not Covered Under the Contract). If We determine that We cannot service Your Scanner as specified in this Contract, we may at our discretion, (a) replace the Scanner with a replacement Scanner, or (b) issue You a Raven gift card or refund in the amount of the purchase price paid for the Scanner. (c)Replacement parts will be new, rebuilt, or non-original manufacturer's parts that perform to the factory specifications of the Scanner at Our sole option. This Contract covers all shipping charges to the authorized Service Center during the Term. We will also pay for shipping and handling fees to return the repaired or replacement Scanner to you (if we elect to repair or replace the defective Scanner). (d) OUR TOTAL LIABILITY UNDER THIS CONTRACT RELATING TO ALL CLAIMS THAT YOU MAKE PURSUANT TO THIS CONTRACT SHALL NOT EXCEED THE PURCHASE PRICE OF THE SCANNER.
  4. What This Contract Does Not Cover. This section sets out what is not covered by this Contract. That means that We will not provide coverage (whether in the form of the cost of parts and labor, replacement, indemnification, or otherwise) under this Contract for the following:
  1. Damage that is covered by any other warranty or service contracts, insurance policies, or recalls. 

(b) Damage to Scanner(s) that (i) have missing or altered serial numbers.

(c) Damage resulting or arising from: (i) pre-existing defects or conditions, which are defects or other conditions that existed prior to the effective date of this Contract; (For example customer purchased 30 days after Scanner purchased and damage occurred within that 30 days); (ii) accidental damage from handling, including drops, spills, or liquid damage; (iii) unauthorized modifications to the Scanner; (iv) unauthorized repairs; (v) intentional damage or the misuse or abuse of the Scanner; (vi) the introduction of foreign objects into the Scanner; (vii) Acts of God, war, invasion or act of a foreign enemy, terrorism, cyberattack, hostilities, civil war, rebellion, strikes, lockouts, labor disturbances, or civil commotion; (viii) third-party acts, including theft and vandalism; (ix) failure to perform preventative maintenance such as keeping the Scanner free of excessive dust and debris. 

(d) Furthermore, this Contract does not cover: (i) Scanner cleaning; (ii) parts that require regular maintenance or replacement such as rollers or pads; (iii) preventative maintenance; (iv) damage incurred during shipping (due to improper customer packing during shipping); 

(v) there is no coverage if We determine that Your Scanner is not damaged (for example, issues that are not Scanner failures, such as poor WiFi); (vi) liability for bodily injury, death, or property damage arising out of the use, operation, or maintenance of the Scanner; and

(vii) THIS CONTRACT DOES NOT INCLUDE CONSEQUENTIAL AND INCIDENTAL DAMAGES, INCLUDING LOSS OF USE OF THE SCANNER, LOSS OF BUSINESS OR DOWNTIME, PROPERTY DAMAGE, OR LOST DATA RESULTING FROM THE FAILURE OF ANY SCANNER OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

  1. No-Lemon Policy. If We determine that a Scanner requires a fourth (4th) repair for the same problem during any twelve-month period during the Term of this Contract, We will, at Our discretion, and subject to the limitations set out in Section 4, (a) replace the Scanner with a replacement Scanner, or (b) issue You a Raven gift card or a refund for the purchase price paid for the Scanner, including the sales tax as indicated on the sales receipt. This No-Lemon Policy does not apply to repairs performed while the Scanner is under the manufacturer's warranty.
  2. Requesting service. If Your Scanner experiences a breakdown or defect, You can file a claim by logging in at raven.com or calling 1-800-713-9009. You may process your claim online 24 hours a day, seven days a week, 365 days a year. We will first attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, You will be directed to ship your Scanner to Our Service Center. All claims must be reported before the expiration of this Contract. You must protect Your Scanner against further damage pending service.
  1. Shipping Scanners. Ship Scanner to Our authorized Service Center for service. We will provide a free pre-paid shipping label to Our Service Center. You are responsible for the safe packing and shipment of Your Scanner.
  1. Coverage Term. The term of the Contract ("Term") is set out in the Receipt.
  2. Renewal. This Contract is not renewable. 

9.Cancellation by You. You may cancel this Contract at any time for any reason either by logging into raven.com or calling 1-800-713-9009.

  1. If You cancel this Contract within 30 days after purchasing this Contract, You will receive a full refund of the Contract Purchase Price.

(b) We will pay the applicable refund within 30 days of Your cancellation. If You properly cancel under Section 10(a) and We fail to pay the refund within 30 days of Your cancellation, We will pay an additional ten percent (10%) penalty per month.

  1. Cancellation by Us. This Contract may be canceled by Us for any reason by notifying You in writing at the email address indicated on the Receipt at least 15 days prior to the effective date of cancellation. The notice will state the effective date and reason for cancellation. If We cancel this Contract, You will receive a pro-rata refund of the Contract Purchase Price based on the time remaining on the Contract. We will pay the applicable refund within 30 days of Your cancellation.
  2. Deductible. There is no deductible required to obtain service for Your Scanner.
  3. Transfer. This Contract may be transferred to a subsequent owner of the Scanner at no additional charge. To transfer, log onto raven.com or call 1-800-713-9009. You should forward the Receipt and all previous service receipts, to the subsequent owner. We may request them to support future claims processing.
  4. Arbitration. Most of Your concerns about the Contract can be addressed by contacting Us at 1-800-713-9009. In the event We cannot resolve any dispute relating to this Contract with You, then we both agree that any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration before a single arbitrator administered by the American Arbitration Association (the "AAA") in accordance with its Consumer Arbitration Rules. Unless the parties agree otherwise, the arbitration hearing shall be held in the state in which Your Scanner was purchased. We both give up the right to resolve any controversy or claim arising out of or relating to this Contract in court, whether in front of only a judge, or in front of a judge and a jury. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Neither the AAA nor the arbitrator shall have the power to consolidate more than one person's claims or to otherwise preside over any form of a representative or class proceeding. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.