SERVOPRO CHROMA Gas Analyser
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04400001A / Revision 7
household use, or if the value of the dispute is
$75,000 USD or less whether or not you are an individual or how you use the software,
its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-
778-7879. To start an arbitration, submit the form available at (aka.ms/arbitration) to
the AAA; mail a copy to the manufacturer or installer (or to Microsoft if your dispute is
with Microsoft). In a dispute involving $25,000 USD or less, any hearing will be
telephonic unless the arbitrator finds good cause to hold an in-person hearing instead.
Any in-person hearing will take place in your county of residence (of if a business your
principal place of business) or our principal place of business
—
King County,
Washington if your dispute is with Microsoft. You choose. The arbitrator may award
the same damages to you individually as a court could. The arbitrator may award
declaratory or injunctive relief only to you individually to satisfy your individual claim.
g. Arbitration fees and payments.
(i)
Disputes involving $75,000 USD or less
. The manufacturer
or installer (or Microsoft if your dispute is with Microsoft)
will promptly reimburse your filing fees and pay the AAA’s
and arbitrator’s fees and expenses. If you reject our last
written settlement offer made before the arbitrator was
appointed, your dispute goes all t
he way to an arbitrator’s
decision (called an “award”), and the arbitrator awards you
more than this last written offer, the manufacturer or
installer (or Microsoft if your dispute is with Microsoft) will:
(1) pay the greater of the award or $1,000 USD; (2) pay your
reasonable attorney’s fees, if any; and (3) reimburse any
expenses (including expert witness fees and costs) that your
attorney reasonably accrues for investigating, preparing,
and pursuing your claim in arbitration. The arbitrator will
determine the amounts unless you and we agree on them.
(ii)
Disputes involving more than $75,000 USD.
The AAA
rules will govern payment of filing fees and the AAA’s and
arbitrator’s fees and
expenses.
(iii)
Disputes involving any amount.
If you start an arbitration
we won’t seek our AAA or arbitrator’s fees and expenses, or
your filing fees we reimbursed, unless the arbitrator finds
the arbitration frivolous or brought for an improper
purpose. If we start an arbitration we will pay all filing, AAA,
and ar
bitrator’s fees and expenses. We won’t seek our
attorney’s fees or expenses from you in any arbitration.
Fees and expenses are not counted in determining how
much a dispute involves.
h. Must file within one year.
You and we must file in small claims court or arbitration any
claim or dispute (except intellectual property disputes
—
see Section 9.a.) within one
year from when it first could be filed. Otherwise, it’s permanently
barred
i. Severability
. If the class action waiver is found to be illegal or unenforceable as to all or
some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with
