Use and Care Manual

30
ARBITRATION CLAUSE
BlueStar® Cooking Appliances, BlueStar® Ventilation Hoods, Prizer Hoods® Ventilation Hoods and Abbaka
Ventilation Hoods and remote blowers
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS
YOUR LEGAL RIGHTS. YOU SHOULD ALSO CONSIDER CONSULTING WITH OTHERS ABOUT
ARBITRATION BECAUSE THE INFORMATION PROVIDED IS NOT INTENDED TO CONTAIN A
COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.
1. Parties: This arbitration clause affects your rights against Prizer-Painter Stove Works, Inc. and any of its affiliates or
employees or agents, successors, or assigns, all of whom together are referred to as “we” or “us” for ease of reference.
2. ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW, ANY DISPUTE BETWEEN YOU AND
ANY OF US SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER THAN IN COURT OR
BY JURY TRIAL. “Dispute” will be given the broadest possible meaning allowable by law. It includes any dispute,
claim, or controversy arising from or relating to your purchase of a Prizer-Painter Product, any warranty upon the unit, or
the unit’s condition. The arbitrator(s) shall have the exclusive power and jurisdiction to make all procedural and substantive
decisions concerning the Dispute including the power to determine the question of arbitrability including the scope or
applicability of this Arbitration Clause. The arbitration requirement applies to all claims including those arising out of
contract and tort, pursuant to statute, or otherwise.
3. CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A
DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A
CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US,
AND US AGAINST US, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE
CAPACITY. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
4. Discovery and Other Rights: Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit.
This applies to both you and us. Other rights that you or we would have in court may not be available in arbitration. Please
read this Arbitration Clause and consult the rules of the arbitration organizations listed below for more information.
5. SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE TO LITIGATE ANY DISPUTE BETWEEN YOU
AND ANY OF US IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE
MEETS ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT.
6. OPTING OUT OF THIS ARBITRATION CLAUSE: YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE
WITHIN 60 DAYS OF WHEN WARRANTY COVERAGE BEGINS, IF YOU INFORM PRIZER-PAINTER IN
WRITING, VIA REGISTERED MAIL (SENT TO PRIZER-PAINTER CONSUMER AFFAIRS , Prizer-Painter
Stoveworks, 318 June Avenue Blandon, PA 19510-9566. THAT YOU ARE OPTING OUT. Please also provide your
name, address, product model and serial number and proof of purchase. There is no other procedure to opt out. Opting out
of this Arbitration Clause will not affect your other rights under this warranty.
7. Governing Law: The procedures and effect of the arbitration clause will be governed by the Federal Arbitration Act (9
U.S.C. § 1 et seq.) rather than by state law concerning arbitration. The law governing your substantive warranty rights and
other claims will be the law of the state in which you purchased your Prizer-Painter Product. Any court having jurisdiction
may enter judgment on the arbitration award.