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THIS TLW, AND THE REMEDIES HEREUNDER, ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS 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 A
COMPETENT 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 previously 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 arbitral 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 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,
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
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