Ranger boats Angler, Owner'S/Operator'S Manual

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DISPUTE RESOLUTION
RANGER’S GOAL IS TO RESOLVE ANY WARRANTY ISSUE AS QUICKLY AND FAIRLY AS
POSSIBLE. PLEASE CONTACT OUR WARRANTY DEPARTMENT AT (870) 453-2222 IN THE
EVENT YOU HAVE ANY QUESTIONS ABOUT THE TERMS, CONDITIONS AND LIMITATIONS
CONTAINED IN THIS WARRANTY. THE PROCEDURE TO HAVE YOUR WARRANTY ISSUE
RESOLVED IS SET FORTH ABOVE. IN THE EVENT THE RANGER DEALER CANNOT
REMEDY THE DEFECT WITHIN A REASONABLE TIME, YOU AGREE TO WRITE US AT
RANGER CUSTOMER SERVICE, 927 HIGHWAY 178 N, FLIPPIN, AR 72634, AND EXPLAIN THE
ISSUE. IF RANGER’S RESPONSE TO YOUR WRITTEN EXPLANATION OF THE ISSUE IS NOT
TO YOUR SATISFACTION, YOU AGREE THAT THE FOLLOWING BINDING ARBITRATION WILL
APPLY.
BINDING ARBITRATION
a) You and Ranger agree to submit all disputes, claims, or controversies of any kind arising out
of or related to this warranty and/or your purchase of a Ranger boat or trailer for resolution
exclusively through binding arbitration. You should review this provision carefully. This
arbitration provision limits your and our ability to litigate claims in court. You and we
each agree to waive your and our respective rights to a jury trial; ANY RIGHT TO A TRIAL
BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED. Any
arbitration under this provision shall take place on an individual basis; class arbitrations
and class actions are not permitted. You will not have the right to participate as a class
representative, private attorney general, or member of any class of claimants for any claim
subject to arbitration. A claim by, or on behalf of, other persons will not be considered in,
joined with, or consolidated with the arbitration proceedings between you and us. Any
dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator
in accordance with this arbitration provision.
b) Arbitration is usually an informal proceeding in which disputes are decided by one or more neutral
arbitrators who receive the evidence at a hearing and then issue a binding ruling in the form of
an award. You and we understand that in an arbitration discovery is more limited than in a court,
and review by courts is very limited.
c) A party who intends to seek arbitration must first send to the other, by certified mail, a written
Notice of Dispute (a “Notice”). Any Notice to us should be addressed to General Counsel,
Fishing Holdings LLC, 927 Highway 178 N, Flippin, AR 72634 (the “Notice Address”). Any Notice
must (i) describe the nature and basis of the dispute, claim, or controversy and (ii) set forth the
specific relief sought. If you and we do not reach an agreement to resolve the dispute, claim, or
controversy within 30 days after the Notice is received, you or we may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by you or we shall
not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which
you or we are entitled.
d) You and we agree, upon written demand made by you or us, to submit to binding arbitration of
any and all disputes, claims, and controversies between you and us, whether based on statute,
regulation, constitution, common law, equity, or any other legal basis or theory, and whether
pre-existing, present, or future, that arise out of or relate to this warranty and/or your purchase
of a Ranger boat or trailer, including contract disputes, tort claims, fraud claims and fraud-in-
the-inducement claims, misrepresentation, statutory claims and/or regulatory claims arising out of
or relating to your Ranger boat or trailer or this warranty (including, to the fullest extent permitted
by applicable law, relationships with third parties who are not parties to this warranty or this
arbitration provision), or the scope or enforceability of this warranty, including the determination
of the applicability of this agreement to arbitrate, and/or any other relationship or dispute between
the parties (collectively, “Claims”). All parties retain the right to seek relief in a small claims court
for Claims within the jurisdictional limits of the small claims court. The arbitration of any Claim
shall be conducted by the American Arbitration Association (the “AAA”) or any other arbitrator
mutually agreed upon by you and us. In any event, the arbitration of any Claim shall be conducted
in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (the “Rules”). The Rules are available online at www.adr.org or by
calling 800.778.7879. In the event of any inconsistency between this arbitration provision and the
Rules, such inconsistency shall be resolved in favor of this arbitration provision. This arbitration
provision is made pursuant to a transaction involving interstate commerce, and the Federal
Arbitration Act shall apply to the construction, interpretation, and enforceability of this warranty,
notwithstanding any other choice of law provision contained in this warranty.
e) After the 30-day period in paragraph c) above has expired, either you or we may initiate arbitration
by giving written notice of the intention to arbitrate to the other party and by filing notice with the
AAA in accordance with the Rules in effect at the time the notice is filed. We may be given notice
at the Notice Address.
f) A panel of no less than three (3) arbitrators shall decide all Claims. The arbitrators shall be active
members in good standing of the bar for any state in the continental United States and shall be
either actively engaged in the practice of law for at least five years or a retired judge.
g) You and we agree that the arbitrators shall: (i) limit discovery to non-privileged matters directly
relevant to the Claim; (ii) grant only relief that is based upon and consistent with substantial
evidence and applicable substantive law; (iii) have authority to grant relief only with respect to
Claims asserted by or against you individually; and (iv) provide a written statement stating the
disposition of each Claim and a concise written explanation of the basis for the award and shall
make specific findings of fact and conclusions of law to support any arbitration award. Unless
inconsistent with applicable law, and except as otherwise provided herein, each party shall bear
the expense of its respective attorney, expert, and witness fees, regardless of which party prevails
in the arbitration. We will pay to the AAA any portion of the arbitration filing fee that exceeds the
cost of filing a lawsuit in the federal court where you live. If you are unable to pay the filing fee, we
will pay it directly upon receiving a written request. We will pay all of the remaining administration
fees and other costs, including the arbitrator’s fees, for any non-frivolous Claim (measured by the
standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure) that does not exceed
$15,000. For all other Claims, the arbitrators will decide whether we or you will ultimately be
responsible for paying any fees or other costs in connection with the arbitration under the Rules.
Any arbitration proceedings shall be conducted in the federal judicial district of your residence,
and you will be given the opportunity to attend the proceeding and be heard. If your Claim is for
$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely
on the basis of documents submitted to the arbitrators, through a telephonic hearing, or by an
in-person hearing in accordance with the Rules. Judgment upon any award rendered in arbitration
may be entered in any court having competent jurisdiction.
h) Demand for arbitration under this arbitration provision must be made before the date when any
judicial action upon the same Claim would be barred under any applicable statute of limitations;
otherwise, the Claim is also barred in arbitration. Any dispute as to whether any statute of
limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be
decided by arbitration in accordance with this arbitration provision.
i) Nothing in this arbitration provision shall limit the right of you or us, whether before, during, or after
the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off, or
to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such
as filing an interpleader action or seeking enforcement of intellectual property rights. You and we
agree that the taking of these actions or any other participation in such litigation by you or us does
not waive any right that either you or we have to demand arbitration at any time with respect to any
subsequent or amended Claim filed against you or us after commencement of litigation between
you and us.
j) You may choose to opt out of these arbitration procedures within 30 days from the date you
purchase your Ranger product (“Opt Out Deadline”). You may opt out of these arbitration
procedures by completing the opt-out form located at www.rangerboats.com/arbitrationoptout and
sending the opt-out form to the following notice address: Warranty Arbitration Director, Fishing
Holdings, LLC, 927 Highway 178 N, Flippin, AR 72634. Any opt-out received after the Opt Out
Deadline will not be valid and you must pursue your Claims in arbitration or small claims court.
k) If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining
portions of this arbitration provision will remain valid and enforceable.
CHOICE OF LAW; JURISDICTION AND VENUE
Except as set forth in binding arbitration clause above, this warranty shall be governed exclusively
by, and construed exclusively in accordance with, the internal laws of the state of Delaware without
reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising
out of this warranty, or the breach thereof, whether sounding in contract, tort or otherwise, shall
likewise be governed exclusively by the laws of the state of Delaware without reference to the choice of
law or conflicts of law principles thereof. To the extent any action is permitted under binding arbitration
clause above to be heard in a court of competent jurisdiction, such action shall take place in the state
or federal courts sitting in Kent County, Delaware, the parties hereby waiving any claim or defense that
such forum is not convenient or proper. Each party agrees that any such court shall have in personam
jurisdiction over it for any such action, and each party consents to service of process in any manner
authorized by Delaware law.
OTHER NOTES
RANGER reserves the right to make changes in design of its products, and changes or improvements
to its products, at any time, including during a product year, without imposing any obligation upon
Ranger to alter any of its products that were previously manufactured.
This document contains the entire limited warranty provided by Ranger. Any questions concerning the
scope of this limited warranty should be directed to Ranger. The terms and conditions contained in
this limited warranty may not be modified, altered or waived by any action, inaction or representation,
whether oral or in writing, except upon the express, written authority of a senior management level
employee of Ranger. Ranger does not authorize any person or persons (except a senior management
level employee of Ranger), including Ranger fiberglass dealers, to change the terms of this limited
warranty. (Note that your authorized Ranger fiberglass dealer is an independent business, authorized
to sell and service Ranger products, but is not an agent of Ranger.) Ranger reserves the right to
change or improve the design or manufacture of Ranger fiberglass boats and/or trailers without
obligation to modify any fiberglass boat and/or trailer previously manufactured.
Ranger Boats
927 Highway 178 North
Flippin, AR 72634
Telephone: 870-453-2222
Warranty