GreenPan Grill, Griddle & Waffle, User Manual

Page: 9 / 12

9
LIMITED WARRANTY
GreenPan Electrics are covered by a limited
warranty against defects in materials and
workmanship, beginning on the date of
purchase and lasting for two years. If your
GreenPan Electrics product has a defect during
the warranty period, The Cookware Company
(USA), LLC will either repair or replace the
product. Further information on the warranty
claim process, exclusions from warranty
coverage, and other terms can be found in
the complete limited warranty for this product,
available online at greenpan.us/warranty.
TERMS OF SALE;
ARBITRATION
The terms on which The Cookware Company
(USA), LLC sells GreenPan Electrics are
available online at greenpan.us/pages/terms-
of-sale (the “Terms”). The Terms contain very
important information regarding your rights and
obligations, as well as conditions, limitations,
and exclusions that may apply to you. Please
read them carefully.
In particular, the Terms provide that, by
your purchase of this product, you and The
Cookware Company (USA), LLC are agreeing
to give up any rights to litigate in a court or
before a jury, or to participate in a class action
or representative action with respect to a claim.
Other rights that you would have if you went
to court may also be unavailable or limited in
arbitration.Any claim, dispute, or controversy
between you and The Cookware Company
(USA), LLC arising from or relating in any way
to your purchase of products or services will
be resolved exclusively and finally by binding
arbitration.
The arbitration will be administered by the
American Arbitration Association (“AAA”) in
accordance with the Consumer Arbitration
Rules (the “AAA Rules”) then in effect, except
as modified hereby. (The AAA Rules are
available at adr.org or by calling the AAA at
1-800-778-7879.) The Federal Arbitration Act
will govern the interpretation and enforcement
of this arbitration and waiver provision.
The Cookware Company (USA), LLC will be
responsible for the AAA filing fee of any such
proceeding. Other than your right to pursue a
claim in small claims court, as described in the
Terms, the arbitrator will have exclusive authority
to resolve any dispute relating to arbitrability
and/or enforceability of this arbitration
provision, including any unconscionability
challenge or any other challenge that the
arbitration provision or these Terms are void,
voidable or otherwise invalid. The arbitrator
will be empowered to grant whatever relief
would be available in court under law or in
equity. Any award of the arbitrator(s) will
be final and binding on each of the parties
and may be entered as a judgment in any
court of competent jurisdiction. Attorney fee
shifting in this case is governed by the Terms.
You agree to an arbitration on an individual
basis. In any dispute, NEITHER YOU NOR THE
COOKWARE COMPANY (USA), LLC WILL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS
BY OR AGAINST OTHER CUSTOMERS IN
COURT OR IN ARBITRATION OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. The
arbitral tribunal may not consolidate more than
one person’s claims, and may not otherwise
preside over any form of a representative or
class proceeding. The arbitral tribunal has no
power to consider the enforceability of this class
arbitration waiver and any challenge to the
class arbitration waiver may only be raised in a
court of competent jurisdiction.If any provision
of the arbitration agreement described herein
and in the Terms is found unenforceable, the
unenforceable provision will be severed and the
remaining arbitration terms
will be enforced