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. DRP-1 and DRP-2 have
relatively short initiation periods, however,
party has up to 2 years from the EVENT DATE or date of default to
arbitrator fees, if any, are shared equally unless the non-prevailing
party's action determined frivolous or either party attempts to
circumvent the POLICY-DRP requirements. In such case that party pays all
costs including any attorney, court and administrative costs of both
parties. The parties understand attempts to circumvent the DRP process
or to use another process will likely be more expense prohibitive to one
party so all PARTIES agree the DRP process shall be used. The
personal jurisdiction, venue and governing law designated in the
contract terms shall always be used and are not changeable .
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.
TO INSURE: The contract requires the USER to have insurance or
waivers to cover all potential liabilities, losses, claims and property
damages caused by weather, unanticipated acts and other. Should anything
occur, all claims must be filed against this insurance. If the USER
fails to obtain such insurance or waivers, no claim for liability, loss
or damages must be filed against or paid solely by USER and the USER
indemnifies AEG from all costs, including attorney and court costs.
ACTION and/or FRIVOLOUS CLAIM: Any party that makes demands or
claims that: (1) are false (including claim that items other than that
on the confirmed contract were ordered), (2) are contrary to the User's
DUE DILIGENCE and affirmations of accuracy and suitability; (3) are
contrary to the contract (including claim that items of higher or lessor
grade than that on the confirmed contract were ordered) or (4) are
significantly excessive of that provided in the agreement; shall be in
FALSE ACTION default and deemed as having submitted a FRIVOLOUS CLAIM
and will be assessed the $100 fee provided in the agreement to
cover costs. 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.
specifics, see the contract attachment:
POLICY-DRP (click HERE).
To review POLICY-WARRANTY (click HERE).
INITIATION. The filing times and requirements given in
POLICY-DRP (click HERE)