arbitration by either party. Therefore, you and Michelin agree that all
claims, disputes and controversies between you and Michelin arising out
of or in connection with this limited warranty, or any other warranties,
express or implied, including a failure of warranty, or any claims arising
out of or in connection with the marketing, sale or performance of the
purchased product, including but not limited to claims for consumer
fraud or brought under any consumer protection statute, but excluding
claims for personal injury or property damage, shall be finally resolved
solely by arbitration, upon election by either party, according to the
formal dispute resolution procedures then in effect of the National
Arbitration Forum, or if the National Arbitration Forum is no longer
conducting such arbitrations, a successor organization thereto or such
other private arbitration service as you and Michelin North America, Inc.
shall mutually agree (the actual authority involved, the “Arbitral Body”).
The Arbitral Body shall decide the issues submitted in accordance
herewith, provided that all substantive questions of law will be
determined under the laws of the State in which you purchased the
product at issue. You agree that no claim subject to arbitration shall be
arbitrated as a class action, or on a class-wide or representative basis, or
on behalf of the general public, or on behalf of other persons that may
be similarly situated. You agree that you do not have the right to act as a
private attorney general, a class representative, or to participate as a
member of a class of claimants with any claim subject to arbitration. You
further agree that no claim subject to arbitration shall be heard by a jury
and that any judgment or award of the Arbitral Body will be final and not
subject to judicial review. All arbitrations will be conducted as document
hearings. Each party shall bear its own costs arising from and associated
with the document hearing with the exception of the arbitrator’s fee
which will be borne by all parties in equal shares. If either party requests
any procedures beyond a document hearing, the requesting party will be
responsible for all fees, including filing and administrative fees, above
and beyond the fees required for document hearings. Any award of the
arbitrator(s) may be entered as a judgment and shall be enforceable in
any court of competent jurisdiction. The arbitrators will have no
authority to award punitive or other damages not measured by the
prevailing party’s actual damages, except as may be required by statute.
Information about arbitration may be obtained and claims may be filed at
any office of the National Arbitration Forum or at P.O. Box 50191,
Minneapolis, MN 55405.
MICHELIN®
48
2013 Tire Warranty
(stn)
Supplement, 1st Printing, September 2012
USA
(fus)
