User Manual

®
7
Models: GPC15H, GPC14H, GPC14M, GPH16H, GPH16M, GPH14H, GPH14M,
GPHH3, GPCH3, GPHH5
Part No. PWCACHPTYURC
05/2022
NON-OWNER OCCUPIED RESIDENCE WARRANTY
Where Can Any Legal Remedies Be Pursued?
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS
ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.
1. Pares: This arbitraon clause aects your rights
against Daikin Comfort Technologies North America, Inc.
and any of its subsidiaries, including but not limited to
Daikin Comfort Technologies Manufacturing, L.P., and its
or their employees or agents, successors, or assigns, all
of whom together are referred to below 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 relang to your
purchase of this heang or air condioning unit, any
warranty upon the unit, or the unit’s condion. It also
includes determinaon of the scope or applicability of
this Arbitraon Clause. The arbitraon requirement
applies to claims in 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 OR WE AGAINST YOU, OR AS A
PRIVATE ATTORNEY GENERAL OR IN ANY OTHER
REPRESENTATIVE CAPACITY, TO THE MAXIMUM
EXTENT PERMITTED BY LAW. YOU AND WE ALSO
WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDI-VIDUAL ARBITRATIONS.
4. Discovery and Other Rights: Discovery and rights to
appeal in arbitraon 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 arbitraon. Please read this Arbitraon Clause and
consult the rules of the arbitraon organizaons listed
below for more informaon.
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. Governing Law. For residents of the United States,
the procedures and eect of the arbitraon will be
governed by the Federal Arbitraon Act (9 U.S.C. § 1 et
seq.) rather than by state law concerning arbitraon. For
residents of Canada, the procedures and eect
of the arbitraon will be governed by the applicable
arbitraon law of the province in which you purchased
your unit. The law governing your substanve warranty
rights and other claims will be the law of the state
or province in which you purchased your unit. Any
court having jurisdicon may enter judgment on the
arbitraon award.
7. Rules of the Arbitraon: If the amount in controversy
is less than $250,000, the arbitraon will be decided
by a single arbitrator. If the amount in controversy
is greater than or equal to $250,000, the arbitraon
will be decided by a panel of three arbitrators. The
arbitrator(s) will be chosen pursuant to the rules of the
administering arbitraon organizaon. United States
residents may choose JAMS (1920 Main Street, Ste. 300,
Irvine, CA92614, www.jamsadr.com), or, subject to our
approval, any other arbitraon organizaon. In addi-
on, Canadian residents may choose the ADR Instute
of Canada (234 Eglinton Ave. East, Suite 405, Toronto,
Ontario, M4P 1K5, www.amic.orq). These organizaons’
rules can be obtained by contacng the organizaon
or vising its website. If the chosen arbitraon
organizaon’s rules conict with this Arbitraon Clause,
the provisions of this Arbitraon Clause control. The
award of the arbitrator(s) shall be nal and binding on
all pares.
8. Locaon of the Arbitraon Hearing: Unless applicable
law provides otherwise, the arbitraon hearing for
United States residents will be conducted in the federal
judicial district in which you reside (in your hometown
area) or, for Canadian residents, in the province in which
you reside, and, if you choose, will be in-person.