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to attempt to resolve the claimed problem. Should KZRV determine that repair or replacement is appropriate,
the consumer must deliver the unit to the dealer or service center as directed. Delivery shall occur no later than
thirty (30) days after the authorization for repair or replacement. Do not deliver your unit to KZRV, an authorized
dealer, or service center without prior authorization. All costs incurred by the consumer for transportation for
warranty service shall be sole responsibility of the consumer. The dealer or service center shall repair or replace
any warranted defect within a reasonable time, but no later than ninety (90) days after delivery by the consumer.
Should the unit not be repaired or replaced within said period of time, then the consumer must contact KZRV by
CERTIFIED MAIL with a written description of the claimed warranted defect and the efforts to remedy it.
FAILURE TO SO NOTIFY KZRV IN THIS REGARD SHALL RENDER THE TLW VOID AS TO THE
CLAIMED DEFECT. After receipt of such notice, KZ shall repair or replace such warranted defect within a
reasonable time, but not later than ninety (90) days after delivery by the consumer. The scheduling of warranty
work at an authorized dealer or service center is not controlled by KZRV and delays may be experienced. KZRV
is not responsible for loss of use of the unit, expenses for fuel, telephone, food, lodging, travel, loss of income or
revenue, or loss of or damage to personal property.
DISCLAIMER AND LIMITATIONS OF WARRANTIES:
NEITHER KZRV NOR ITS DEALERS SHALL BE
LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY
KIND OR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR
USE OF THIS PRODUCT. WHETHER BASED IN CONTRACT, TORT, STRICE LIABILITY, EQUITY, OR
ANY OTHER THEORY, EVEN IF KZRV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. KZRV’S ENTIRE LIABILTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT, AT
KZRV’S SOLE OPTION.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS IS HEREBY EXCLUDED, IN ITS ENTIRETY, FROM APPLICATION TO THIS TLW.
THIS TLW, AND THE REMEDIES HEREUNDER, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-
INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY KZRV. THIS TLW GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON
LOCAL LAW. SOME STATES LIMIT OR PROHIBIT LIMITATIONS OF WARRANTIES, SO THE ABOVE
MAY NOT APPLY TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR LEGAL ADVICE.
MISCELLANEOUS:
No repair or replacement effected shall cause any extension or renewal of the warranty
period. KZRV 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. KZRV 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 preciously
manufactured. At KZRV’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.
ALTERNATIVE DISPUTE RESOLUTION:
The parties shall attempt, in good faith, to resolve any disputes by
negotiations. If unsuccessful, KZRV 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 arbitration body shall be either the American Arbitration
Association or the National Arbitration Foundation, and the rules of the body chosen by KZRV shall govern
except to the extent same are in the conflict with the Indiana Uniform Arbitration Act, with 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, expenses, 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 proceedings. 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 testify shall be sworn on oath to tell the truth. The arbitrator
may award injunctive relief, interest, and attorney fees in an equitable amount based upon the degree to which
the prevailing party prevails on the merits; however, the arbitrator 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 aspect of the proceedings.
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