Technical Specifications

TO, IN EACH CASE, THE PURCHASE OR USE OF THE PRODUCT,
ANY WARRANTED CONDITION, OR ANY OTHER CLAIMED
PRODUCT DEFECT OR DEFICIENCY, and such limitation upon GP’s
liability includes, but is not limited to, loss of profits or of use of the Product,
costs of installation, removal or reinstallation, damage to other property, or other
economic loss, whether based upon breach of warranty, breach of contract, tort
or under any other legal or equitable theory. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation may not apply to you. This exclusion is intended to be independent from,
and shall survive the failure of, any other liability limitation provided in this Limited
Warranty.
6. DISCLAIMER/EXCLUSIVE REMEDY. THIS WARRANTY AND
REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER SUCH
WARRANTIES ARE EXPRESS OR IMPLIED, AND WHETHER SUCH
REMEDIES ARE BASED UPON BREACH OF WARRANTY, BREACH
OF CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE
THEORY. GP HEREBY DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. The above disclaimer shall not
apply to the extent applicable consumer law prohibits the disclaimer of an implied
warranty. Also, some states may not allow limitations for consumers on how long
an implied warranty lasts, so the above limitation may not apply to you. Any implied
warranty that GP is required to provide under this Limited Warranty shall be for
the minimum duration required by applicable law. This Limited Warranty gives you
specific legal rights, and you may have additional rights, which vary from state to
state.
7. ARBITRATION AGREEMENT. If GP is unable to resolve your warranty
claim to your satisfaction or if there is any other Dispute, we each agree to resolve
those Disputes through binding arbitration or small claims court, subject to the
terms below, instead of in courts of general jurisdiction. That means that a neutral
arbitrator, not a judge or jury, will decide any Disputes. The decision of the
arbitrator will be final and binding.
(A) Definitions:
(i) As used in this document, the phrase “Arbitration
Agreement” refers to the entirety of Paragraph 7 herein.
(ii) The terms “you” and “your” shall mean the Original
Purchaser.
(iii) The term “Dispute(s)” shall mean and include any
dispute, claim or controversy between you and GP that arises out of or relates
to the purchase, sale and/or use of the Product and/or to the Limited Warranty,
whether based in contract, indemnity, statute, regulation, ordinance, tort (including,
but not limited to, negligence, strict liability, fraud, misrepresentation, fraudulent
inducement, or any other intentional tort), or any other legal or equitable theory.
“Dispute” is to be given the broadest possible meaning that will be enforced.
(iv) References to “GP,” “you,” and “we” include our
respective parents, subsidiaries, affiliates, agents, employees, members,
predecessors in interest, successors, and assigns.
(B) Mandatory Arbitration: BY ACCEPTING THE PRODUCT,
EXCEPT FOR DISPUTES OF $2,500 OR LESS, WHICH MAY BE
FILED IN SMALL CLAIMS COURT OR ITS EQUIVALENT, YOU AND
GP AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING
ARBITRATION AND WAIVE THE RIGHT TO FILE AN ACTION IN
COURT. IF YOU DO NOT AGREE TO ARBITRATE YOUR DISPUTES
WITH GP, YOU MUST RETURN THE PRODUCT YOU HAVE
PURCHASED IMMEDIATELY. ANY ARBITRATION OR SMALL
CLAIMS COURT ACTION WILL BE ON AN INDIVIDUAL BASIS
ONLY; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED.
(C) Settlement Demand: A party who intends to seek arbitration must
first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to GP should be addressed to: 133 Peachtree Street N.E., 14th Floor,
Atlanta, GA 30303, Attn: Dispute Resolution (“Notice Address”). The Notice
must (a) describe the nature and basis of the Dispute; and (b) set forth the
specific relief sought. If GP and you do not reach an agreement to resolve the
claim within thirty (30) days after the Notice is received, you or GP may
commence an arbitration proceeding. During the arbitration, the amount of any
settlement offer made by GP or you shall not be disclosed to the arbitrator until
after the arbitrator determines the amount, if any, to which you or GP is entitled.
(D) CPR Rules: You and GP agree that this Arbitration Agreement
evidences a transaction in interstate commerce, and thus the Federal Arbitration
Act governs its interpretation and enforcement. All arbitrations shall be conducted
on a confidential basis before the CPR International Institute for Conflict
Prevention and Resolution (“CPR”). The CPR rules are available on its website,
www.cpradr.org, or by calling 1-212-949-6490. Except as otherwise stated herein,
the CPR Fast Track Arbitration Rules will apply in any arbitration hereunder. To
initiate arbitration, you must send a letter requesting arbitration and describing
your Dispute(s) to GP’s registered agent and comply with the CPR procedures
for initiating an arbitration. The arbitration will take place in the county where you
reside. If the amount of the claim is $10,000 or less, you may choose whether the
arbitration takes place in person, by telephone or on written submissions. If the
amount of the claim is more than $10,000, the type of hearing shall be determined
by the CPR rules.
(E) Arbitrator Powers: The arbitrator is bound by the terms of this
Arbitration Agreement and Limited Warranty, as written. You and GP agree that
an arbitrator may only award such relief as a court of competent jurisdiction could,
limited to the same extent as a court would limit relief pursuant to the terms of
this Arbitration Agreement and any warranty applicable to you. All issues are for
the arbitrator to decide, including the scope and enforceability of the arbitration
provision as well as the arbitrability of Disputes. The arbitrator shall apply the law
of Georgia without reference to choice of law rules, which law shall also govern
interpretation and enforcement of this Arbitration Agreement and Limited
Warranty. The arbitrator shall issue a reasoned, written decision sufficient to
explain the essential findings and conclusions on which the award is based.
(F) Payment of Arbitration Fees and Costs: GP WILL PAY ALL
ARBITRATION FILING FEES AND ARBITRATOR’S COSTS. YOU
ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU
INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED
TO, ATTORNEY’S FEES (IF YOU CHOOSE TO BE REPRESENTED
BY AN ATTORNEY) AND EXPERT WITNESS FEES. You shall not be
required to reimburse GP for the filing fees and arbitration costs paid by it
unless the arbitrator determines that your claim was frivolous. Notwithstanding
anything to the contrary in this Arbitration Agreement, GP will pay all fees
and costs that it is required by law to pay, including payment of your attorney’s
fees and litigation costs if required by applicable law. IN ADDITION, IF
THE ARBITRATION AWARD IS GREATER THAN GP’S LAST
SETTLEMENT OFFER, GP WILL PAY THE SUM OF YOUR AWARD
PLUS A REASONABLE ATTORNEY’S FEE UP TO THE LESSER
OF THREE TIMES THE AMOUNT OF YOUR AWARD OR $2,500.
(G) Class Action Waiver: ALL PARTIES TO THE
ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL
BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE
ARBITRATED OR LITIGATED ON A CLASS ACTION OR
CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS
BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON
BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE
ATTORNEY GENERAL), OTHER HOMEOWNERS OR PURCHASERS
OF GP PRODUCTS, OR OTHER PERSONS SIMILARLY SITUATED.
YOU ALSO AGREE NOT TO PARTICIPATE AS A CLASS MEMBER
IN ANY SUCH PROCEEDING.