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Limited Warranty, Continued
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY THE CUSTOMER FOR THE PURCHASE OF
THE PRODUCT COVERED BY THIS WARRANTY.
LIMITATIONS OF WARRANTIES AND OTHER WARRANTY TERMS
AND STATES’ LAW
MERRITT FULLY DISCLAIMS AND MAKES NO IMPLIED WARRAN
TIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR
TICULAR USE, AND MAKES NO EXPRESS WARRANTIES BE
YOND THOSE STATED HERE. NOTWISTHSTANDING THE FORE
GOING, IF ANY IMPLIED WARRANTIES ARE DEEMED TO BE
GIVEN BECAUSE THE APPLICABLE LAW PROHIHBITS THEIR
EXCLUSION, THEN ANY SUCH IMPLIED WARRANTIES, INCLUD
ING IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT
NESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO
THE DURATION AND TERMS OF THE EXPRESS WRITTEN WAR
RANTY. SOME STATES DO NOT ALLOW THE LIMITATION OF IM
PLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF IN
CIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, IN
THOSE STATES, THE LIMITATIONS LISTED ABOVE MAY NOT
APPLY TO YOU. THIS WARRANTY AFFORDS YOU WITH SPE
CIFIC LEGAL RIGHTS AND YOU MAY HAVE ADDITIONAL RIGHTS,
DEPENDING ON THE STATE IN WHICH YOU RESIDE.
BINDING ARBITRATION
Any dispute, controversy or claim (whether in contract, tort or other
wise, whether preexisting, present or future, and including statutory,
common law, intentional torts and equitable claims) against Merritt, its
agents, employees, successors, assigns or affiliates (collectively for
purposes of this warranty, “Merritt”), arising from or relating to this
warranty and agreement, its interpretation, or the breach, termination
or validity thereof, the relationships which result from this warranty
and agreement (including, to the full extent permitted by applicable
law, relationships with third parties who are not parties to this warranty
and agreement), SHALL BE RESOLVED EXCLUSIVELY AND FI
NALLY BY BINDING ARBITRATION ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION under its code of proce
dure then in effect. Any award of the arbitrator shall be final and bind
ing on each of the parties and may be entered as a judgment in any
court of competent jurisdiction. Information for submitting claims with
the American Arbitration Association may be obtained at
www.adr.org
.
