THIS Ding Free Warranty (the “Plan”) is between EXPRESS DENTS™, a New York corporation and the customer named on “Schedule A” here to (the “Customer”). WHEREAS, the Customer is the lessee/owner of the vehicle identified on “Schedule A” (the “Vehicle”) pursuant to the lease agreement attached as “Exhibit 1” (the “Lease”); and WHEREAS, EXPRESS DENTS™ offers a protection plan to reduce or eliminate the Customer’s liability for dings to the Vehicle for no less than a 3 year term. (The “Plan).
NOW THEREFORE, it is agreed as follows:
1. PROTECTION PLAN: In the event that the Customers Vehicle is dinged, EXPRESS DENTS™ agrees to make necessary repairs to the Vehicle using paintless dent repair techniques, subject to the terms and conditions set forth herein. With the purchase of the Ding Free Warranty there is an unlimited amount of dings (no bigger than a quarter) per occurrence to be removed for the length of your plan. If you carry the Ding Free Warranty plan, dents that are bigger then a quarter will be 20% off the original price. (See exhibit 2.2 for original pricing) As an EXPRESS DENTS™ Ding Free Warranty member you are also entitled to up to $500 off your deductible given that the customer brings their vehicle to EXPRESS DENTS™ to be repaired. The insurance claim must be at least $2500 to be offered a reduced deductible. ( See exhibit 2.1 for terms) **Bonus Items are as follows: Plan members will receive Scratch repair (Scratches not to exceed 6″ in length and must be repairable using a buffing wheel. No paint repairs). Plan members will receive a 20% discount on paint touch up, (no spraying methods). Plan members will receive a free end of lease consultation and Inspection. Plan members will receive a 30% rebate on windshield chip repair (with a comprehensive insurance claim). Plan members will receive 1 headlight restoration per year. Furthrmore, Ding Free Warranty Claims can be made 4 times a year.
2. DING AND DENT COVERAGE: The Plan covers dings and dents repairable using paintless dent repair techniques, subject to certain limitations and exclusions set forth in Paragraph 3.
3. EXCLUSIONS: This Plan does not cover damages to the Vehicle resulting from the any of the following: an accident, collision, hail damage or other occurrence which is or would be covered under the liability insurance policy required under the terms of the Lease; failure of the Customer to adhere to the maintenance requirements set forth in the Lease; failure to comply with any terms of the Lease; vandalism, abuse or other intentional acts; or suspension damage, non-operational or malfunctioning mechanical or electrical equipment, replacement of tires or windshields, or any damages which are or would be covered under the manufacturer’s warranty set forth in the Lease.
3A. EXPRESS DENTS™™ cannot guarantee that all damaged areas are repairable. We do not provide benefits or coverage for hail damage, collision, neglect, large deep dents, creased metal, missing, cracked, damaged paint (due to an automotive accident). We do not provide benefits for dents that are inaccessible due to the following: (a) The existence of after-market equipment, or (b) Where such after-market equipment or the installation thereof has altered the original vehicle configuration, (c) any area considered inaccessible due to safety issues or regulations or (d) repainted body panel, or any other non OEM part.
3B. REPAIRABLE AREAS: Repairable areas are defined as and limited to the Original Equipment Manufactured (OEM). All claims are subject to a Vehicle damage report filed and verified with the vehicles current comprehensive insurance carrier. An authorized technician will inspect the vehicle after all requested information is received and validated and schedule the vehicle for repair. EXPRESS DENTS™ cannot guarantee that all damaged areas are repairable.
4. EVALUATION OF EXCESS WEAR AND DAMAGE: ** (For leased vehicle only)** Prior to the termination of the Lease, EXPRESS DENTS™ shall conduct an inspection of the Vehicle to evaluate the condition of the Vehicle. Customer agrees to make the Vehicle available to EXPRESS DENTS™ or its agents upon reasonable notice to conduct the inspection. IN the event the EXPRESS DENTS™ determines in its sole discretion that repairs to the Vehicle are necessary, Customer agrees to permit EXPRESS DENTS™ to make such repairs. In the event that Customer is charged for excess wear and damage when the Vehicle is returned, Customer agrees to provide to EXPRESS DENTS™ the original bill or notice setting forth the itemized claim for excess wear and damages and to reasonably cooperate with EXPRESS DENTS™ in verifying all damages and charges.
6. FEES: To participate in the Plan, the Customer agrees to pay EXPRESS DENTS™ the amount of $240 + tax by cash, bank check, Master™ Visa™ or PayPal™ card upon the execution of this Agreement.
7. DISCLAIMER: LIABILITY INSURANCE COVERAGE FOR ACCIDENTS, BODILY INJURY OR PROPERTY DAMAGE TO OTHERS IS NOT INCLUDED IN THIS PLAN. THIS PLAN IS NOT INTENDED TO CONSTITUTE AN INSURANCE POLICY.
8. TERMINATION: The customer is entitled to a 30 day money back guarantee given that the customer has not used any portion of the Ding free plan. If the customer has filed a claim within the first 30 days there will be no refund of any portion. After the 30 days the Customer shall not be permitted to terminate its participation in the Plan and shall not be entitled to a refund of any portion of the Fee under any circumstances except as set forth herein. EXPRESS DENTS™ may, at its option, terminate this Plan upon thirty (30) days written notice to Customer. In the event of such termination, EXPRESS DENTS™ shall refund to Customer the remaining value of the contract Fee paid hereunder.
9. LIMITATION OF LIABILITY: EXPRESS DENTS™’s liability under this Plan, whether in contract, tort, strict liability, or otherwise, shall not exceed the Maximum Amount hereunder. EXPRESS DENTS™ hereby disclaims any and all other obligations and liabilities of the company, including without limitation, implied warranties of merchantability or fitness for particular purpose, implied warranties arising from course of performance, course of dealing and usage of trade. Under no circumstances shall EXPRESS DENTS™ be liable for any consequential, indirect, special, punitive or incidental damages.
10. GOVERNING LAW AND VENUE: This Plan shall be governed by and construed pursuant to the laws of the State of New York, without giving effect to conflicts of laws principles. The parties hereto hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of the State of New York, County of Suffolk for any action, suit or proceeding arising out of or relating to this Plan.
11. FORCE MAJEURE: EXPRESS DENTS™ shall not be liable for any failure to perform caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action, accident, labor difficulties or shortage, inability to obtain materials, equipment or transportation.
12. SAVINGS CLAUSE: In the event that any one or more provisions of this Plan shall be held to be illegal or unenforceable by a court of competent jurisdiction, such illegality or unenforceability shall not affect the validity and enforcement of the remaining legal and enforceable provisions or restrictions hereof, which shall be construed as if such illegal or unenforceable provisions or restrictions had not been inserted.
13. NO WAIVER: A waiver of any breach or violation of any term, provision or covenant contained herein shall not be deemed a continuing waiver or a waiver of any future or past breach or violation. No oral waiver shall be binding.
14. ENTIRE AGREEMENT; ASSIGNS: This Plan constitutes the entire agreement between EXPRESS DENTS™ and
Customer and supersedes all statements, representations and agreements, oral or written, made by the parties. This Plan may be modified only in writing signed by EXPRESS DENTS™. This Plan is not assignable by Customer.
WHEREAS, the parties have entered into this agreement on this _____ day of __________, 201_. By: _____________________________ Name: Michael Lack Owner
Lease agreement. (If necessary)
Exhibit 2.0 Dent size and original amount.
Dime size $150
Nickel Size $175
Half Dollar $225
Basketball+ Not Covered
Exhibit 2.1 Deductible Reductions (Minimum claim amount $2500)
Minimum $2500-$3500 Save $100
$3501-$4500 Save $200
$4501-$5500 Save $300
$5500-$6500 Save $400
$6501+ Save $500