CUTTER CARE
Dancutter SuperFlex Extended Service Agreement Terms and Conditions
These Apex CIPP Solutions, LLC dba Dancutter USA (“DCUSA”) Extended Service Agreement Terms and Conditions hereafter referred to as “ESA” cover the repair or replacement necessary to correct defects in the materials or workmanship of any parts manufactured or supplied by Dancutter A/S and/or Dancutter USA of the subject Serialized Robotic Cutter that occur under normal use in the event of a Failure for the selected period of time, with coverage becoming available on and retroactive to the date that your policy number is issued (the “Effective Date”).

SERVICE TYPE:

Agreement Period: One calendar year, renewable Purchase Price: $5,495.00
Additional systems may be added for $4,495
Deductible: $500 per incident for arm (excluding grinder), grinder (angle or straight) or control box or
$1,500 per incident for reel
Optional Express Shipping: Additional $100 per-service (arm, grinder or control box only)

You acknowledge and agree that You shall be responsible for all applicable state and local taxes on the purchase price, Deductible, or Mobile Service as required by law. No such applicable taxes are included in the purchase price of this ESA. The obligations of DCUSA under this ESA are backed by the full faith and credit of Apex CIPP Solutions LLC and are not guaranteed under a service contract reimbursement policy.


Definitions:

The following capitalized terms shall have the meanings set forth below:
“Deductible” means the portion that You must pay for each Visit. The Deductible under ESA is $500 per Incident or $1,500 per incident, depending upon item.
“Effective Date” means the date that Policy number is issued. Once Your application has been submitted to DCUSA, your policy will be issued or denied within 48 business hours.
“Failure” means any malfunction or other issue that the customer deems in need of attention for any reason regardless of cause or fault.
“DCUSA Authorized Service Center” means any Service Center that is authorized by DCUSA, including the
DCUSA Service Center in Sarasota, Florida and any DCUSA-authorized third party service provider. A list of DCUSA Authorized Service Centers is provided at www.dancutterusa.com or You may dial 1-855-997-0524 for the nearest location.
“DCUSA” means the obligor, Apex CIPP Solutions, LLC, Attention: Customer Support, 4545 Samuel St, Sarasota, FL 34233, phone number 1-855-997-0524, unless otherwise indicated.
“Cutter” means the Equipment for which this ESA is purchased.
“Equipment ESA” means these Equipment Extended Service Agreement Terms and Conditions between You and DCUSA.
“Equipment ESA Effective Date” means the date of policy issuance of this Equipment ESA.
“Incident” means a SRA (Service Request Authorization) for service or repair from a DCUSA Service Center for service under this Equipment ESA or receipt of DCUSA service under this Equipment ESA.
“You,” “Your” means the eligible purchaser or recipient of a valid policy of this Equipment ESA, as applicable.

Deductible

You are responsible for the Deductible of $500 or $1,500 per incident per part affected. . Expedited parcel shipping is optional at an additional $100 per-incident, reel excluded.

DCUSA’s Responsibilities

DCUSA agrees to repair or exchange any covered part as required due to a Failure. For additional information see Section I. Limits of Liability.

Your Responsibilities

The Operating Manual includes specific recommendations regarding the use, operations, and maintenance of the Equipment. To maintain the validity of this Equipment ESA, You do not have to prove compliance with any procedure. However, it is good practice to follow the use and care guidelines to perform proper maintenance and use of an air dryer.

Obtaining Equipment ESA Service

In the event of Failure, you must complete a SRA at www.dancutterusa.com
You will then have the following options as part of your Equipment ESA.

Deliver Your Equipment to any DCUSA Authorized Service Center for repair. DCUSA will provide ground transportation at no charge to and from our facility (AK, HI, and Canada and Mexico subject to surcharge). At customer option, they may elect expedited delivery for an additional $100.
.
Request to “Exchange” a covered component. In this case DCUSA will ship you a control box, robotic arm, or air grinder (angle or straight) in lieu of repairs to your existing equipment. You will still pay the deductible but will keep the new (or refurbished) piece of equipment and DCUSA will repair or dispose of the damaged equipment. You will receive a return label to send back the damaged equipment at no charge. Failure to ship the replaced item within 72 business hours will result in a charge for the full replacement cost of the item. Reels are not eligible for the “exchange” program.

Exclusions (What Is Not Covered)

This Equipment ESA was designed to have as few exclusions as possible. However, it does not cover damage from fire or natural disasters such as floods, earthquakes, or windstorms. We always advise to add the Equipment to your Inland Marine Insurance Policy to protect you against these events.

This coverage is intended to cover one reel, arm, one control box, and one set of grinders (angle and straight). There are reduced cost offerings to add additional equipment to the plan. DCUSA reserves the right to cancel any Equipment ESA if it suspects that non-covered equipment is being submitted under the plan. Your pro-rated premium will be refunded (less repairs already made under plan) but you will have to pay for any and all repairs and will not be eligible for a Equipment ESA going forward.


Agreement Period

This document is an application for coverage under an Equipment ESA. Upon acceptance by DCUSA, this application becomes the Equipment ESA, provided that You are eligible and payment is received. The Agreement Period commences on the Effective Date and remains in effect for one year. This policy is transferable but not refundable once issued unless terminated for cause by DCUSA. In the event Your application is not accepted, You will receive a refund of the Equipment ESA purchase price from DCUSA. Nothing herein guarantees acceptance of this application. This Equipment ESA may be renewed by You at then current rates. Sections C through L shall survive any termination or expiration of this Equipment ESA.


Eligible Purchaser and Territory

This Equipment ESA applies to all Dancutter Superflex only in the DCUSA Service Region both new and resold. For purposes of this Equipment ESA, the DCUSA Service Region is defined as all 50 states of the United States of America, the District of Columbia, all 13 provinces and territories of Canada, and the country of Mexico.

Limits of Liability

Implied and express warranties and conditions arising under applicable state laws or federal statute or otherwise in law or in equity, if any, including, but not limited to, implied warranties and conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, or those arising by a course of dealing or usage of trade, are disclaimed to the fullest extent allowable by law, or limited in duration to the Agreement Period of this Equipment ESA. The performance of necessary repairs and parts replacement is the exclusive remedy under this Equipment ESA or any implied warranties.

Liability is limited to the reasonable price for repair or replacement of any covered part, not to exceed the manufacturer’s
suggested retail price for that part. Replacement may be made with parts of like kind and quality, including non-original manufacturer’s parts or remanufactured parts, as necessary.

In no event shall liability for a Failure under this Equipment ESA exceed the fair market value of the Equipment at the time immediately preceding the Failure. In addition, the sum of all benefits payable under this Equipment ESA shall not exceed the retail price originally paid for the Equipment.

DCUSA does not authorize any person or entity to create for it any other obligations or liability in connection with this Equipment ESA. The decision of whether to repair or replace a part or to use a new or remanufactured part will be made by DCUSA, in its sole discretion.

DCUSA will not pay for or reimburse You for services that are performed by any party other than a DCUSA Authorized Service Center or DCUSA itself. DCUSA hereby disclaims any and all indirect, incidental, special and consequential damages arising out of or relating to Your Equipment, including, but not limited to, transportation to and from a DCUSA Authorized Service Center, loss of Equipment value, loss of time, loss of income, loss of use, loss of personal or commercial property, inconvenience or aggravation, emotional distress or harm, commercial loss (including but not limited to lost profits or earnings), equipment rental, service call charges, freight expenses, lodging expenses, and incidental charges such as telephone calls, facsimile transmissions, and mailing expenses.

The above limitations and exclusions shall apply whether Your claim is in contract, tort (including negligence and gross negligence), breach of warranty or condition, misrepresentation (whether negligent or otherwise) or otherwise at law or in equity, even if DCUSA is advised of the possibility of such damages or such damages are reasonably foreseeable.


Dispute Resolution and Arbitration Agreement

To the fullest extent allowable by the law of Your jurisdiction, DCUSA requires that You first provide DCUSA, during the applicable period specified in this Equipment ESA, with notification of any Failure You have experienced within a reasonable time to allow DCUSA an opportunity to respond, before You submit to our dispute settlement program.
Should You elect to submit to our dispute settlement program, please send Your written notification to:

Apex CIPP Solutions, LLC
Attention: Legal Department
4545 Samuel St
Sarasota, FL 34233

Please include the following information:
Equipment ESA and Policy Effective Date;
Your name and contact information;
Equipment Serial Numbers;
Equipment purchase date;
Description of the concern; and
History of the attempts You have made with a DCUSA Authorized Service Center or authorized DCUSA representative to resolve the concern, or of any repairs or services that were not performed by a DCUSA Authorized Service Center.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Florida or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
J. Cancellation by Customer

Once issued policy is in effect and cannot be canceled by customer for any reason. If equipment is lost, stolen, or otherwise missing then fees are forfeited. Policy is issued to equipment and may be transferred to new owner if equipment is sold.

K. Cancellation by DCUSA

This Equipment ESA can be canceled by DCUSA for any reason. If DCUSA cancels this Equipment ESA, you will receive a refund calculated on a pro-rata basis equal to the lesser of the unused portion of the days that this Equipment ESA has been in effect, compared to the term of Service Type, less the amount of any claims paid under this Equipment ESA. This Equipment ESA is not being sold in any jurisdiction in which the sale or performance of this Equipment ESA is not permitted pursuant to applicable law at the time of purchase. Any such sale is void ab initio and of no force and effect and will not be deemed a cancellation. You will receive a full refund provided no services have been provided by DCUSA.



L. Entire Agreement; Severability; Waiver; Governing Law.
This Equipment ESA and any work orders executed at the time of service constitute the entire agreement between You and DCUSA with respect to the subject matter hereof and supersede all prior agreements, statements, promises, understandings and negotiations, whether written or oral, regarding the subject matter hereof, and any terms and conditions included on DCUSA work orders, whenever delivered. This Equipment ESA and any work order cannot be amended unless in writing and signed by duly authorized representatives of each party.
In the event that any provision of this Equipment ESA or any work order is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Equipment ESA or such work order did not contain the particular provisions held to be unenforceable, and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
The waiver of any of the terms or provisions of this Equipment ESA in any one or more instances shall not be deemed a permanent waiver of this entire Equipment ESA. No waiver shall be effective unless in writing and signed by authorized representatives of both parties.
This Equipment ESA shall be governed by the laws of the State of Florida without regard to its conflict of law principles, except as otherwise required by applicable law. The state or federal courts in Sarasota County, Florida shall have exclusive venue for disputes relating to the interpretation or enforcement of this Equipment ESA, except as otherwise required by applicable law.