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MISCELLANEOUS:
No r epair or r eplacement effected shall cause any
extension or renewal of the warranty period. Venture RV may make parts and/
or design changes from time to time without notice and repairs or replacements
may be made with new or different parts. Venture RV reserves the right to
make changes in the design or material of its products without incurring any
obligation to incorporate such changes in any product previously manufac-
tured. At Venture RV’s, sole option, any dispute concerning any warranted
defect may be resolved through mediation or arbitration. This TLW shall be
governed by the laws of the State of Indiana, and any legal action shall be
brought only in the Circuit or Superior Court of LaGrange County, Indiana. In
case of conflicts between this TLW and any other warranties issued or con-
veyed by Venture RV, the terms of this TLW shall govern.
ALTERNATIVE DISPUTE RESOLUTION:
The par ties shall attempt in
good faith to resolve any disputes by negotiations. If unsuccessful ,Venture
RV may, in its sole discretion, elect to submit the matter to binding arbitration
and, if such election is exercised, the consumer covenants and agrees that he,
she, they, or it shall submit any such disputes to such binding arbitration. The
arbitral body shall be either the American Arbitration Association or the Na-
tional Arbitration Foundation, and the rules of the body chosen by Venture RV
shall govern except to the extent same are in conflict with the Indiana Uniform
Arbitration Act, which shall govern. The arbitrator is expressly empowered to
enter an award of default against any party in the event of: (a) the failure or
refusal of such party to comply with any deadline fixed by the arbitrator; (b)
the failure or refusal of such party to make timely payment of any fees, expens-
es, or other charges billed by the arbitrator; or (c) any other failure or refusal
by such party to cooperate and participate in any aspect of the arbitration pro-
ceedings. The arbitrator will admit only relevant and reliable evidence at the
hearing, but no particular rules of evidence are specified for use. The hearing
shall be electronically recorded by an Indiana Notary Public or other officer
authorized by Indiana law to administer oaths, and all witnesses who shall tes-
tify shall be sworn on oath to tell the truth. The arbitrator may award injunc-
tive relief, interest, and attorney fees in an equitable amount based upon the
degree to which the prevailing party prevails on the merits; however, the arbi-
trator is not empowered to award punitive or exemplary damages. All costs of
the arbitration, including the recording thereof, shall be shared equally by the
parties. The arbitration proceedings and award shall remain confidential, and
no party may disclose to any person, except attorneys for the parties, any as-
pect of the proceedings.
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