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I have received and read a copy of this Agreement, and I may review it with
my attorney before signing. I and anyone making claims on my behalf, or
through me, shall submit any and all claims I may have in connection with my
conversion vehicle (CV) against any retail dealer, manufacturer, or supplier of
component parts, to binding arbitration under the federal Arbitration Act, 9
U.S.C. § 1-14, to the extent permissible under federal law. I agree that if I have
a claim relating to my CV, I will allow the dealer and Waldoch Crafts, Inc. to
inspect it and make necessary repairs. If my claim is not then satisfied, I will
notify WALDOCH and binding arbitration proceedings will be held after I have
paid an initial fee of $125 to the American Arbitration Association and I cannot
pursue my claim in court or in any administrative proceeding. Arbitration will
be administrated by the American Arbitration Association (AAA), pursuant
to its Commercial Arbitration Rules, unless and until WALDOCH designates
a different administrator, in which event a notice will be mailed to your last
known address. If any claim is less than $10,000, WALDOCH will pay the
initiation fee and arbitrator’s fees in excess of $125, and the arbitrator shall not
award damages in excess of $10,000. If my claim exceeds that amount or is not
specified, I will pay one half of the fees and costs in excess of $125. I, the dealer,
and WALDOCH will each pay their own cost and expenses in connection with
the arbitration hearing. The claim will be heard by a single arbitrator, and will
be held thirty (30) days after the claim is filed, unless all parties agree to a later
date. The arbitrator shall be selected from a panel named by AAA, pursuant
to its rules. The arbitrator shall be permitted only to award actual damages
for financial loss, and shall not award damages for personal injury (or mental
anguish, or other intangible claims). Statues of limitation, which would apply
to a court proceeding for my claim, will apply to commencement of arbitration
proceedings. If I default on any obligation to a lender in connection with my
CV, my lender may exercise all of its rights without regard to this Agreement. If
I file a claim in court without having first complied with this Agreement, I will
be required to pay all fees, cost, and expenses, including attorneys’ fees, for
dismissal or referral to arbitration. This Agreement will apply to me, my heirs,
an assigns, and anyone who purchases or leases my CV from me or operates
or occupies it with my permission or without objection by me. Nothing in this
Agreement enlarges my rights or gives me any rights or claims I would not
otherwise have.
FOR INFORMATION ABOUT HOW TO FILE A CLAIM OR ABOUT THE ARBITRATION
PROGRAM, CALL WALDOCH AT (651) 464-3215, OR THE AMERICAN
ARBITRATION ASSOCIATION AT (800) 778-7879.