Shield Service Contract

Please read this Shield Service Contract ("Service Contract") thoroughly. It details the protection you receive upon payment of the Service Contract's purchase price and contains an Arbitration Agreement and Class Action Waiver. Retain this Service Contract and your Sales Order and receipt for service claims. Maintain your Covered Product per the manufacturer's or Selling Retailer's recommendations. No deductible applies to this Service Contract.

DEFINITIONS:

"Plan" refers to the Furniture Protection Plan. "Product" means the furniture care kit and other protection and repair products or advice that We may provide. "Retailer" means the authorized entity selling You the Plan. "Furniture" means the qualifying furniture described below and purchased concurrently with this Plan. The "Obliger", "We", "Our", or "Us", means Richmond Sales Inc., DBA The Furniture Warehouse. "Administrator” also means Richmond Sales Inc., DBA The Furniture Warehouse. "You" or "Your" means the person or persons named on the sales receipt for the Plan or the Welcome Letter attached to the Plan, including the lessor of the Furniture ("Lessor") if the Furniture was acquired under a lease-to-own arrangement ("LTO Arrangement"). "Breakdown" refers to mechanical, operational, structural or electrical failure of a Furniture item due to a defect in materials or workmanship. "Breakage" refers to accidental damage to the components of a Furniture item and does not include a Breakdown.

PLAN TERM:

The coverage period for this Plan ("Plan Term") begins the earliest date of covered Furniture delivery and expires three (3) years after the latest date You take possession of any covered Furniture. Adjustable bed coverages begin the earliest date of covered adjustable base delivery and expires five (5) years after the latest date You take possession of any covered Furniture. Please retain a copy of this Plan and the original receipt for the Furniture as it is needed to obtain service.

QUALIFYING FURNITURE:

Upholstered fabric microfiber Furniture; upholstered vinyl and leather Furniture, area rugs, wood, solid surface Furniture, and adjustable beds, all of which are purchased concurrently with the Plan. This Plan is available for new Furniture only that is sold through a Retailer. Furniture covered by this Plan must be received by You from the Retailer free of stains or damage.

WHAT IS COVERED:

Coverage for a covered Furniture item begins when You first take possession of the item and ends three (3) years after or five (5) years for adjustable bases. Damage to covered Furniture must be reported within five (5) days of discovery to the Administrator and includes:

For Accidental Damage From Handling To Upholstered Fabric, Microfiber, Vinyl and Leather Furniture:

• All Accidental Stains (See Exclusions. You must report stains within 5 days - Accumulation of stains is not covered.)
• Burn or Singe Marks Caused by Brief Contact with Flame or Heat
• Rips, Tears or Punctures

For Other Damage To Upholstered Fabric, Microfiber, Vinyl and Leather Furniture

• Breakdown or Breakage of
  • Motors and Associated Components, such as mechanisms, motors, wires and switches; including handles
  • Sleeper, Recliner, Lifting, Heating and/or Vibrating Mechanisms
  • Frames
  • Power Surge

For Accidental Damage From Handling To Wood and Solid Surface Furniture:

• All Stains (See Exclusions. You must report stains when they occur - Accumulation of stains is not covered.)
• Burn or Singe Marks Caused by Brief Contact with Flame or Heat
• Scratch or Gouge that Penetrates the Finish (Normal wear and tear surface scratches are not covered.)
• Checking, Cracking, Bubbling and Peeling of the Finish or Lifting of Veneers (from a specific incident)
• Accidental Chipping and Breakage of Glass or Mirrors

For Other Damage to Wood and Solid Surface Furniture:

• Breakdown or Breakage of Frames from a Single Incident

For Area Rugs:

• Food and Beverage Stains
• Ink from Pens
• Lipstick
• Pet Bodily Fluids (Exclude Feces)

For Adjustable Beds:

• Breakdown or Breakage of
  • Motors and Associated Components, such as mechanisms, motors, wires and switches; including handles
  • Lifting, Heating and/or Vibrating Mechanisms
  • Power Surge
  • Controller

For covered stains, you must first attempt cleaning with provided solutions or blotting with a clean cloth. If unsuccessful, a technician will attempt to clean the area. If cleaning fails, replacement parts or the item may be provided. Replacement parts may be new or remanufactured. We do not guarantee color match and will only replace the item that is damaged. If the Covered Product cannot be repaired, exceeds the original purchase price, or parts are unavailable, it will be replaced up to the purchase price, excluding sales tax, delivery, and installation costs. Replacement of new furniture satisfies your service contract and closed the warranty period.

LTO ARRANGEMENTS:

If the Furniture is acquired under a LTO Arrangement, any cash settlement or refund will be paid to the owner of the Furniture at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the Furniture, however, You will retain a beneficial interest in this Plan and all non-cash benefits described herein shall be rendered to You. Any of Your obligations under the Plan shall remain Your responsibility during the term of any LTO Arrangement, except as provided by law. Any reference to purchased, sold, or similar terms shall include leased and its derivatives. Any reference to purchaser shall mean You under the LTO Arrangement and not the Lessor.

HOW THIS PROTECTION PLAN WORKS:

If the new Furniture covered by this Plan becomes stained or damaged as described above during normal RESIDENTIAL use and You cannot correct the damage using Products provided in your kit (before using, test in an inconspicuous area) and/or procedures provided by Us the affected area or damaged part will be repaired or replaced. If We cannot repair the damage or replace a damaged part, the affected Furniture will be replaced with the same or a similar piece of furniture having an equal retail purchase price as the damaged Furniture. If a manufacturer's or Retailer's warranty is in effect for the Furniture and covers or should cover the damage, this Plan will not apply. Service or replacement is limited to the damaged Furniture only and the Plan does not transfer to Furniture replaced under this Plan. Only Furniture shown on the original receipt that remains in Your possession is eligible for coverage. This Plan does not eliminate the need for routine care and maintenance of Your Furniture which shall be Your sole responsibility. NOTE: This is not a cleaning or maintenance contract.

TO OBTAIN SERVICE:

Damage to covered Furniture must be reported within five (5) days of discovery to the Administrator. You can report Your claim by contacting the Administrator's customer service department at 941-359-2255 or online at www.TheFurnitureWarehouse.com. You must have Your: (1) original receipt showing Your purchase of the covered Furniture and this Plan; (2) the original copy of this Plan; (3) the original delivery date of the covered Furniture; and (4) the discovery date of the damage. You shall reasonably cooperate with the Administrator in its efforts to perform Our obligations under this Plan. Failure to comply with the provisions in this Plan may void any claim.

THE SERVICE PROCESS:

Upon receiving a claim covered by this Plan, the We will provide repair advice and/or Products to aid in stain removal or repair of the damage. If the stain or damage persists, at Our discretion, You may receive a no charge in-home visit by a professional technician. If the technician determines that repairs must be made off-site, the damaged Furniture will be removed and returned at no cost to You. With or without a technician visit, We may elect to replace the damaged part or area of the damaged Furniture. If the stain or damaged part or area cannot be repaired or replaced, or if a part is not available, We will authorize replacement of the damaged piece of Furniture. You may select a replacement piece of furniture at a price equal to or less than that of the damaged Furniture. We will not replace or otherwise service matching pieces of Furniture that are not damaged and are not responsible for, and will take no action to correct, dye lot or texture variations arising from service or replacement of a part of Furniture or replacement of an entire piece of Furniture. This Plan does not transfer to replacement Furniture. Replacement selections must be made at the Retailer's original store of purchase. If you have moved to a new address, this Plan will be voided. You may request the Plan be terminated and You will receive a prorated refund of the purchase price of the Plan calculated based on the elapsed time since the commencement of the Plan less any claims paid. If You financed the purchase of this Plan any refund owed pursuant to this provision will be paid directly to the lender of record. If You purchased this Plan under an LTO Arrangement, any refund owed pursuant to this provision will be paid directly to the Lessor of record unless You have taken ownership of the Furniture.

WHAT IS NOT COVERED

The following are excluded from coverage under this agreement:

• Stains or damage caused by transit, delivery, redelivery, assembly or movement between residences or storage or while in storage
• Stains or damage caused by improper cleaning methods or improper cleaning materials, or damage caused by the application of topical treatments (other than those provided by Us for the covered Furniture) or failure to comply with manufacturer's warranty
• Stains or damage from acid, bleach, caustic solutions, mildew, mold or reoccurring damage as a result of lifestyles
• Furniture purchased for group homes, assisted living residences, nursing homes, or similar group settings that are used by the general public for short term use
• Incontinence
• Odors
• Fading of the upholstery, wood, hard surface or area rugs, color loss, and/or discoloration, including fading from the sun
• Animal damage, other than pet bodily fluids, such as damage from teeth, beaks or claws
• Normal wear and tear to fabrics and leathers, such as soiling from everyday use including body oil, hair oil, perspiration, or darkened body contact areas
• Inherent design or structural defects in fabrics and leathers, including but not limited to, natural inconsistencies in upholstery or delamination of microfiber
• Failure or loosening of threads or splitting of seams, loose or unattached fringe, unraveling of edges, stress tears, loss of foam resiliency, spring or coil damage, damage to zippers, pilling or fraying of upholstery or Area Rugs or any stains or damage to the seat platform (the area directly under loose seat cushions) cloth or cambric (used as a dust cover on the underside of furniture) fabrics
• Wood surface scratch or gouge that does not penetrate through the finish
• Cracking or peeling of upholstered fabric, leather or vinyl
• Leather surface scratches that do not penetrate through the upholstery, such as scuffs or scrape marks
• Flaws and manufacturer's defects that cause rips, cuts, punctures, or color loss
• Dye lot or texture variation
• Dye Transfer
• Damage to natural stone, marble, or concrete, such as etching; scratches on glass
• Intentional damage or willful abuse or misuse of the covered Furniture
• Repair, replacement or maintenance in connection with failure due to defects in materials or workmanship, normal wear and tear, or accidental damage from assembly, except as listed in the PLAN COVERAGE section
• Service, maintenance, repair, or replacement necessitated by any loss or damage resulting from any cause other than normal RESIDENTIAL usage, such as, but not limited to, loss or damage due to misuse, abuse, unauthorized repair by others, collision with any other object, loss or damage resulting from failure to provide manufacturer's recommended maintenance or inspection, add-on products or accessories, furniture used outdoors, attachments, rust, corrosion, battery leakage, sand, dirt, rodent or insect infestation, damage or stains caused by acts of God, fire, water, water leaks, windstorm, hail, earthquake, exposure to the sun or other heat source, exposure to the cold, theft, negligence, riot, outside contractors or any other peril not listed in the PLAN COVERAGE section
• Any breach of implied or expressed warranty of merchantability or fitness of the Furniture from the manufacturer or Retailer
• Initial or subsequent installation, assembly or hookup of Your Furniture is not covered
• Removal and reinstallation, except as determined by Us
• Any indirect, consequential or incidental damages, including loss or damage to person or property, arising from the use of, or inability to use, or from the repair or replacement of the Furniture
• Any and all pre-existing conditions that existed prior to the start of coverage for a Furniture item.
• "As is", "pre-owned", showroom-displayed, rental (other than an LTO Arrangement), non-residential, in-home daycare businesses or commercial use, outdoor furniture, plastic (ready to assemble), nubuck, suede, fossil stone, silk, "X" coded and/or non-color fast fabrics or any fabric that requires dry cleaning, or Furniture sold without a manufacturer's or retailer's warranty
• Mattresses, futons, inflatable mattresses, and box springs
• Failure to use reasonable means to protect your Furniture from further damage after damage occurs
• Any stain or damage caused by an independent contractor, such as but not limited to plumber, painter or other service or maintenance personnel
• ANY CLAIM THAT IS COVERED OR SHOULD BE COVERED BY THE MANUFACTURER'S WARRANTY
• General soiling or a gradual buildup or accumulation of dirt, dust, body oils, perspiration, and other damage that cannot be attributed to a single occurrence
• Any periodic checkups, preventative maintenance, lubrication, and general cleaning of nonfunctional or aesthetic parts including, but not limited to, plastic parts, knobs, rollers, baskets or accessories used in conjunction with the covered Furniture, such as pillows and buttons
• Replacement or repair of consumables, such as batteries or bulbs
• Service where no problems are found, such as noises or squeaks
• Service requested not at the original delivery address

LIMIT of LIABILITY:

Our cost and liability to provide service, repair or replacement under this Plan is limited to the lesser of the cost of authorized repairs or replacement of the covered Furniture with a product of equal or similar features and functionality. In no event will the Our total liability for repairs or replacement exceed the lesser of the original purchase price of the covered Furniture excluding tax and delivery costs paid during the purchase of the covered Furniture or $25,000.

PROTECTION PLAN PROVISIONS:

This Plan is not renewable or transferable and does not supersede any applicable manufacturer's or retailer's warranty. You are the only person eligible for coverage under this Plan. If You do not cooperate with the reasonable requests of Our representative or the Administrator, this Plan becomes void and You will be entitled to receive a pro rata refund of the purchase price of the Plan calculated based on the elapsed time of the Plan Term, less any claims paid. If You financed the purchase of this Plan any refund owed pursuant to this provision will be paid directly to the lender of record. If You purchased this Plan under an LTO Arrangement, any refund owed pursuant to this provision will be paid directly to the Lessor of record unless You have taken ownership of the property. Our failure to exercise rights under this Plan does not waive those rights.

CANCELLATION:

You may cancel this Service Contract for any reason at any time. If You cancel Your Service Contract within ninety (90) days of receipt of Your Service Contract, You will receive a full refund of the price of this Service Contract, less the cost of claims paid. If You cancel after ninety (90) days of receipt of Your Service Contract You will receive a pro-rata refund based on the period expired under this Service Contract, less the cost of claims paid. We may not cancel this Service Contract except for fraud, material misrepresentation or non-payment by You; or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least sixty (60) days prior to cancellation. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. Any cancellation, expiration, or termination of this Service Contract, including by You or by Us, shall not cancel, expire or terminate the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out of the Arbitration Agreement and Class Action Waiver in a timely and proper manner).

ARBITRATION:

If We cannot resolve any disputes with You related to the Plan, including claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Plan is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Plan.

YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

FRAUD RESULTS IN HIGHER COSTS TO THE CONSUMER AND IS ILLEGAL.

Insurance Securing this Plan:

This Plan is not an insurance policy. It is secured by contractual liability policies provided by FCCI Insurance Group, If, within sixty (60) days, If we have not paid a covered claim, provided You with a refund or You are otherwise dissatisfied, You may make a claim directly to the insurance company. Contact 941-359-2255 x312 with name invoice # and date of claim.

You are not required to purchase this Plan as a condition of a loan or a condition for the sale of any property.

THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO REPRESENTATION, PROMISE OR CONDITION NOT CONTAINED HEREIN SHALL MODIFY THESE TERMS. THE ENTIRE AGREEMENT INCLUDES THESE TERMS AND CONDITIONS, THE WELCOME LETTER, AND YOUR RECEIPT SHOWING THE PURCHASE OF THIS PLAN AND THE COVERED FURNITURE.

STATE SPECIFIC REQUIREMENTS:

The following state variations shall control if inconsistent with any other terms and conditions of this Plan:

Florida Residents:

In the event of cancellation by Us, written notice of cancellation shall be mailed to You not less than sixty (60) days before cancellation is effective. This Plan can be cancelled by You at any time for any reason by emailing, mailing or delivering to Us notice of cancellation. If the Plan is cancelled: (a) within thirty (30) days of the receipt of the Plan, You shall receive a full refund of the price paid for the Plan provided no claim has been paid or service has been performed, or (b) after thirty (30) days, You will receive a refund based on 100% of the unearned pro rata purchase price less any claims that have been paid or less the cost of repairs made by Us. If We cancel the Plan, the return purchase price is based upon 100% of the unearned pro rata purchase price. If We determine in Our sole discretion that Your Furniture Item cannot be repaired or Your Furniture Item requires replacement instead of repair, We will replace Your Furniture Item with a Furniture Item of like kind and quality that is of comparable performance, or, reimburse You for replacement of the Furniture Item with a check, at Our discretion, equal to the original purchase price of the Furniture Item, as determined by Us, not to exceed the original purchase price of the Furniture Item, including all applicable taxes. The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation.

Shield Contract dated January 23, 2025.