POLICY-DRP 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,
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
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: 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).
The filing times and requirements given in
POLICY-DRP (click HERE)