The Federal Arbitration Act governs this arbitration clause. This Agreement evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.
6.5 Procedure
The following is a description of the arbitration process
A. Mail a Notice of Dispute to Segway and/or the other relevant Segway Parties. Before initiating an arbitration
against Segway Parties, you must first notify Segway and/or the other relevant Segway Parties of your dispute
in good faith. Please include your contact information, your concerns, and the relief you intend to seek from
Segway Parties, and any information you believe would help resolve the dispute. Segway and/or the other
relevant Segway Parties will review your Notice of Dispute to determine whether Segway Parties may settle it
with you to avoid arbitration. The notice should be sent by certified mail to Attention: Disputes, Segway Inc., 14
Technology Drive, Bedford, NH 03110. Please keep a copy of your notice for your records.
B. Wait 30 Days. Segway Parties will review your Notice of Dispute within thirty (30) days of Segway’s receipt of
your Notice of Dispute. If you do not hear from Segway within thirty (30) days of its receipt of your Notice of
Dispute, you may proceed with filing an arbitration claim against Segway Parties. Should Segway provide you a
written settlement o
ff
er, please keep this settlement o
ff
er because Segway Parties and you will be required to
show this settlement o
ff
er to the arbitrator. Notwithstanding the foregoing, such o
ff
er, if any, shall not be shown
to the arbitrator until after the arbitrator’s determination on the merits of your claim.
C. Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that
includes a basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii)
your description of the dispute; and (iii) your short statement detailing why you are entitled to relief.
D. Send Segway Parties Your Demand for Arbitration. You can send Segway and/or the other relevant Segway
Parties your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., 14 Technology
Drive, Bedford, NH 03110. Please keep a copy of your notice for your record.
E. Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address
that you are to send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at
1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You should also include a copy of this warranty policy
and the appropriate filing fee. Segway Parties will reimburse you for this filing fee. If you cannot a
ff
ord to pay the
filing fee, please contact Segway, and Segway will pay the filing fee for you if your claims seek a remedy less
than $75,000. AAA has an online filing option that you can find on its website: www.adr.org.
F. AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an
arbitrator and notify you and Segway Parties of the arbitrator’s name and qualification. The AAA requires all
arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties’
attorneys. If the arbitrator has any such relationship, the AAA will inform Segway Parties and you. If either you
or Segway Parties object to the AAA’s choice of arbitrator, we’ll have seven (7) days to inform the AAA.
G. Choose the Type of Hearing You Would Like. Unless you and Segway Parties agree to have any arbitration
hearings somewhere else, the arbitration will take place in the county (or parish) that you purchased the
Product. If your claim is for $10,000 or less, you may choose to have the hearing conducted by telephone or
in-person. Alternatively, you may choose to proceed to conduct the entire arbitration through written
correspondence with the arbitrator that doesn’t include an interactive hearing. Once the AAA has commenced
the arbitration, you have ten (10) days to inform the AAA of your choice of hearing. If you don’t make a choice,
the AAA will conduct the arbitration by written correspondence without an interactive hearing. If your claim
exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Those rules currently provide for
an in-person hearing if your claim exceeds $10,000, but you and Segway Parties may agree whether that
hearing is in person or by telephone, or whether to instead proceed with written correspondence.
H. Arbitrator’s Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or
from the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration
through written correspondence, the arbitrator will render a written decision. That decision will include the
essential findings and conclusions upon which the arbitrator based his or her award. Segway Parties will
immediately respond to the arbitrator notifying the arbitrator whether, and to what extent, Segway Parties will
abide by the decision, perform the obligations it has agreed to do. Any decision by the arbitrator may be utilized
by any party for any reason.
Section 7 Statute of Limitation
You must file any action arising directly or indirectly from the Limited Warranty no later than one year after the
claim has accrued. You waive the right to file an action arising directly or indirectly from the Limited Warranty
under any longer statute of limitations.
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