Product Warranty

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Tires presented for claim remain the property of the consumer, and
BFGoodrich is not responsible for loss of or damage to tires which are
in the custody or control of a BFGoodrich tire retailer for the purpose
of inspection for warranty claims. In the event of a disputed claim, the
consumer must make the tire available for further inspection. Tires
accepted for claim become the property of BFGoodrich.
No BFGoodrich representative, employee or retailer has the authority to
make or imply any representation, promise or agreement, which in any
way varies the terms of this warranty. These limited warranties apply only
in the United States and Canada.
This warranty gives the user specific legal rights, and the user may also
have other rights which vary from state to state.
HOW DO I DISPUTE ISSUES CONCERNING THIS WARRANTY?
ALL CLAIMS ARISING FROM THIS LIMITED WARRANTY OR THE
MARKETING, SALE OR PERFORMANCE OF THE PURCHASED PRODUCT
AGAINST MICHELIN NORTH AMERICA, INC. AND ITS AGENTS,
EMPLOYEES, DEALERS, AFFILIATES, PARENT OR SISTER CORPORATIONS,
RELATED CORPORATE ENTITIES, PREDECESSORS, SUCCESSORS OR
ASSIGNS (HEREINAFTER COLLECTIVELY “MICHELIN”) SHALL BE SUBJECT
TO BINDING ARBITRATION. You and Michelin acknowledge your and
its right to litigate claims, disputes and controversies arising out of or in
connection with this limited warranty or the marketing, sale or performance
of the purchased product in court, but prefer to resolve any such claims,
disputes and controversies through arbitration and hereby waive the right
to litigate such claims, disputes and controversies in court upon election
of arbitration by either party. Therefore, you and Michelin agree that all
claims, disputes, and controversies between you and Michelin arising out
of or in connection with this limited warranty, or any other warranties,
express or implied, including a failure of warranty, or any claims arising
out of or in connection with the marketing, sale or performance of the
purchased product, including but not limited to claims for consumer fraud
or brought under any consumer protection statute, but excluding claims
for personal injury or property damage, shall be finally resolved solely by
arbitration, upon election by either party, according to the formal dispute
resolution procedures then in effect of the National Arbitration Forum, or
if the National Arbitration Forum is no longer conducting such arbitrations,
a successor organization thereto or such other private arbitration service
as you and Michelin shall mutually agree (the actual authority involved,
the “Arbitral Body”). The Arbitral Body shall decide the issues submitted
in accordance herewith, provided that all substantive questions of law will
be determined under the laws of the State in which you purchased the
product at issue. You agree that no claim subject to arbitration shall be
arbitrated as a class action, or on a class-wide or representative basis, or
on behalf of the general public, or on behalf of other persons that may
be similarly situated. You agree that you do not have the right to act as
a private attorney general, a class representative, or to participate as a
member of a class of claimants with any claim subject to arbitration. You
further agree that no claim subject to arbitration shall be heard by a jury
and that any judgment or award of the Arbitral Body will be final and not
subject to judicial review. All arbitrations will be conducted as document
hearings. Each party shall bear its own costs arising from and associated
with the document hearing with the exception of the arbitrator’s fee
which will be borne by all parties in equal shares. If either party requests
any procedures beyond a document hearing, the requesting party will
be responsible for all fees, including filing and administrative fees, above
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