This is the MEDIATION /
LEGAL / BINDING ARBITRATION METHOD
agreed to in the contract by the PARTIES. Its purposed is to provide a fast
dispute resolution for civil matters at the least cost for all PARTIES. The Phase-1 DRP review (DRP-1) is a review of the contract's warranty and the immediate application of
the benefits it may provide. DRP-1 is done electronically with the
PARTIES presenting and supporting their cases. DRP-2 is an in person
discussion between the PARTIES where each side share any costs equally.
If neither DRP-1 or DRP-2 satisfy the PARTIES, or if
either PARTY wishes, the process can be escalated to Phase-3 DRP (DRP-3)
which depending upon size and type of claim is either Small Claims Court or binding arbitration with an Arbitrator from the American
Arbitration Society, as specified in POLICY-DRP depending upon the
dispute. Small Claims Court fees are paid as by each party as directed
by the Court and arbitrator costs are shared equally unless the
non-prevailing party's action determined frivolous or either party
attempts to circumvent the POLICY-DRP requirements, in which case that party
pays all costs including any attorney, court and administrative costs.
The parties agree any attempt to circumvent the DRP process or to use
any process likely to be more expensive to either party shall be null
and void and only the process, policy and procedures of POLICY-DRP and
the personal jurisdiction, venue and governing law designated herein
shall use used and are not changeable . Either party has up to 2 years from the EVENT DATE or
date of default to request DRP-3 if they have timely initiated the DRP
DISSATISFACTION, UNHAPPINESS or DISAPPOINTMENT are not a "cause of
action". As agreed in the contract, the USER is solely responsible for
meeting all DUE DILIGENCE requirements given in the contract, including
actually viewing and selecting the items they want in the local
warehouse - not just ordering remotely. Choosing the wrong item, or
dissatisfaction, unhappiness or disappointment with an item is not
reviewable or adjustable. You must specify an actual contract term that
was not fulfilled for it to be reviewable.
THING WAS MISSING OR WENT WRONG SO I WANT A REFUND FOR EVERYTHING.
This demand would actually be a contract default and potentially in
violation of State law. As agreed in the contract "each RENTAL, LABOR or
DELIVERY item is separate with no cause of action one upon the other"
This means only the individual item(s) that were any issue can be
reviewed and adjusted. No "inconvenience" or "consequential" damages can
be considered. This was agreed to upfront and cannot be changed later
because one or the other PARTY would like it.
ACTION: Any party that makes demands or claims that are false,
contrary to the contract or significantly excessive of that provided in
the agreement are in FALSE ACTION default and will be assessed the
$100 fee provided in the agreement. Be very truthful, fair and honest in
your claims, this submission is used in Court processes. For the USER,
FALSE ACTIONS include
attempting to assign costs to AEG that you are contractually responsible
for, attempting to retrieve labor costs that you contributed without
prior CONSENT (defined as in writing), attempting to assign costs
associated property, rentals, and services provided by you or others,
making claims under the contract ERRORS provisions or ERRORS OFFSETS,
making claims for cash refunds when an eCredit is due by contract or
other items contrary to the contract provisions. The contract is very
thorough and covers most every possibility. You have signed that you
understand it and will follow it fully. To later believe and demand you
deserve more or anything different than what is provided by the contract
agreed is a FALSE ACTION.
OF PROCESS: Any party that enters into DRP and then fails to abide by the
process, its requirements or its determinations or who then causes
any additional default(s) shall be in default or multiple defaults of
contract. In the case of communications or publications in violation of
the contract T/C-18 NON-DISCLOSURE, TRADE SECRETS & NON-DISPARAGEMENT
clause shall be in default of both T/C-18 and T/C-11 (DISPUTES) and
shall pay all court, legal and administrative costs of the other party
and all applicable default fees (2 defaults x $100 per day of default).
THE CONTRACT AND ITS NO-FAULT WARRANTY IN DETERMINING FINDINGS.
For specifics, see
the contract attachment:
POLICY-DRP (click HERE).
To review POLICY-WARRANTY (click HERE).
Unless an extension is approved by CONSENT of both PARTIES, the initiation application
for DRP-1 must be filed within 20-days of the dispute OCCURRENCE (either
the delivery of the item causing dispute or the incident in dispute,
whichever is later) and all PARTIES permanently waive all claims and
demands if not so submitted. The PARTIES agree no communication outside
the POLICY-DRP initiation form (POLICY-DRP APPL) shall be a valid DRP
initiation request and any such shall be null and void. DRP-2 must be filed within the time limit
given in DRP-1 findings, and DRP-3 must be filed within 2-years of the
EVENT DATE or the date of contract default. A DRP may not be initiated while
equipment is in use by, remains under the control of USER or on EVENT
SITE. A DRP cannot be initiated while the PSL contracted (including by
contract revision) or cancellation fees have not been paid. You must
submit FORM-CBR to receive an
account credit balance refund (contract requirement).