For further information about this warranty,
contact Prizer-Painter Customer Service at [1-800-449-8691]
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS
ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.
1. Parties: This arbitration clause affects your rights against Prizer-
Painter Stove Works, Inc. and any of its affiliates or employees or
agents, successors, or assigns, all of whom together are referred to
as “we” or “us” for ease of reference.
2.
ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW, ANY
DISPUTE BETWEEN YOU AND ANY OF US SHALL BE DECIDED BY
NEUTRAL, BINDING ARBITRATION RATHER THAN IN COURT OR BY
JURY TRIAL.
“Dispute” will be given the broadest possible meaning
allowable by law. It includes any dispute, claim, or controversy
arising from or relating to your purchase of a Prizer-Painter Product,
any warranty upon the unit, or the unit’s condition. It also includes
determination of the scope or applicability of this Arbitration Clause.
The arbitration requirement applies to claims in contract and tort,
pursuant to statue, or otherwise.
3.
CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED ON
AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE
EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU
MAY HAVE AGAINST US, AND US AGAINST US, OR AS A PRIVATE
ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE
CAPACITY. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS
ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS.
4. Discovery and Other Rights: Discovery and rights to appeal in
arbitration are generally more limited than in a lawsuit. This applies
to both you and us. Other rights that you or we would have in court
may not be available in arbitration. Please read this Arbitration
Clause and consult the rules of the arbitration organizations listed
below for more information.
5.
SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE TO LITIGATE
ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS
COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS
ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT.
6.
OPTING OUT OF THIS ARBITRATION CLAUSE: YOU MAY OPT
OUT OF THIS ARBITRATION CLAUSE WITHIN 60 DAYS OF WHEN
WARRANTY COVERAGE BEGINS, IF YOU INFORM PRIZER-PAINTER
IN WRITING, VIA REGISTERED MAIL (SENT TO PRIZER-PAINTER
CONSUMER AFFAIRS ,
Prizer-Painter Stoveworks, 318 June Avenue
Blandon, PA 19510-9566.
THAT YOU ARE OPTING OUT
. There is no
other procedure to opt out. Opting out of this Arbitration Clause
will not affect your other rights under this warranty.
7. Governing Law: The procedures and effect of the arbitration
clause will be governed by the Federal Arbitration Act (9 U.S.C. § 1
et seq
.) rather than by state law concerning arbitration. The law
governing your substantive warranty rights and other claims will be
the law of the state in which you purchased your Prizer-Painter
Product. Any court having jurisdiction may enter judgment on the
arbitration award.
8. Rules of the Arbitration: If the amount in controversy is less
than $50,000, the arbitration will be decided by a single arbitrator.
If the amount in controversy is greater than or equal to $50,000, the
arbitration will be decided by a panel of three arbitrators. The
arbitrator(s) will be chosen pursuant to the rules of the
administering arbitration organization. You may choose either of
the following arbitration organizations, and its applicable rules: the
American Arbitration Association, 1633 Broadway, 10th Floor, New
York, NY 10019 (www.adr.org), JAMS, 1920 Main Street, Ste. 300,
Irvine, CA 92614 (www.jamsadr.com), or any other organization
that you may choose subject to our approval. These organizations’
rules can be obtained by contacting the organization or visiting its
website. If the chosen arbitration organization’s rules conflict with
this Arbitration Clause, the provisions of this Arbitration Clause
control. The award of the arbitrator(s) shall be final and binding on
all parties.
9. Location of the Arbitration Hearing: Unless applicable law
provides otherwise, the arbitration hearing will be conducted in the
federal district in which you reside.
10. Costs of the Arbitration: Each party is responsible for its own
attorney, expert and other fees, unless awarded by the arbitrator(s)
under applicable law. Prizer-Painter will pay your share of the fees
charged by the arbitration organization and arbitrator(s) beyond the
first $200. Where permissible by law, you may be required to
reimburse Prizer-Painter for the fees of the arbitration organization
and arbitrator(s) in whole or in part by decision of the arbitrator(s)
at the discretion of the arbitrator(s).
11. Survival and Enforceability of this Arbitration Clause: This
Arbitration Clause shall survive the expiration or termination, or any
transfer, of the warranty on your unit. If any part of this Arbitration
Clause, except waivers of class-action rights, is found to be
unenforceable for any reason, the remainder shall remain
enforceable. If, in a case in which class-action allegations have been,
a waiver of class-action rights is found to be unenforceable with
respect to all or some parts of a dispute, the remainder of this
Arbitration Clause shall be unenforceable as those parts. Instead,
those parts will be severed and proceed in court, with the remaining
parts proceeding in arbitration.
Owner Name:____________________________________________
Address of
Installation:______________________________________________
City/State-Province/Zip-Postal Code:__________________________
Phone #:________________________________________________
Model #:________________Serial #:__________________________
Installation Date: _________________________________________