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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 PURCHASE, IF YOU INFORM
PRIZER-PAINTER IN WRITING, VIA REGISTERED
MAIL (PRIZER-PAINTER, 318 June Ave., Blandon, PA
19510) 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
warranty rights or other claims will be the law of the state
in which you purchased your 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 organization that
administers the arbitration. 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 other organization that
you may choose subject to our approval. These
organizations’ rules can be obtained by contacting or
visiting the organization’s website. If the 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.
For further information about this warranty, contact Prizer Painter Customer Service at (877) 427-3290.
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.
Name of Owner
Address of Installation
City/State-Province/Zip-Postal Code
Phone #
Model #:
Serial #
Installation Date
Warranty
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