Product Warranty

ARBITRATION CLAUSE
RESOLUTION OF DISPUTES
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 North America,
Inc. 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 and
beyond the fees required for document hearings. Any award of the
arbitrator(s) may be entered as a judgment and shall be enforceable in any
court of competent jurisdiction. The arbitrators will have no authority to
award punitive or other damages not measured by the prevailing party's
actual damages, except as may be required by statute. Information about
arbitration may be obtained and claims may be filed at any office of the
National Arbitration Forum or at P.O. Box 50191, Minneapolis, MN 55405.
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