User Manual

whether the lawyer or law rm is counsel of record) for
30 or more persons who le a Small Arbitration Claim
and/or Large Arbitration Claim within a thirty-day period;
or (iv) the same lawyer or law rm, alone or with other
lawyers or law rms, serves as counsel (regardless of
whether the lawyer or law rm is counsel of record) for 50
or more persons who le a Small Arbitration Claim and/
or Large Arbitration Claim within a sixty-day period. In
the event of a Mass Arbitration, notwithstanding anything
to the contrary in subpart (c) above, Lennox shall (i)
not be required to advance or pay Arbitration Costs for
any arbitration and (ii) may be awarded its reasonable
attorney fees, expert fees, and costs if it prevails (without
having to show that the Owner’s claim was frivolous or
in bad faith). The immediately preceding sentence shall
apply only to only those arbitrations that are led once
the denition of Mass Arbitration is met. Thus, by way of
example, if the same law rm les 35 Small Arbitration
Claims within a thirty-day period, the rst 29 Small
Arbitration Claims shall be governed by subpart 2(c)
and the last six Small Arbitration Claims (i.e., arbitration
numbers 30 through 35) shall be governed by this
subpart 2(d). Once a law rm or lawyer is deemed part
of a Mass Arbitration, all Small Arbitration Claims and
Large Arbitration claims he/she/it les, assists in ling,
or causes to be led shall be governed by this subpart
(d) unless and until the law rm or lawyer does not le,
assists in ling, or causes to be led any Small Arbitration
Claims or Large Arbitration Claims for a period of one
year.
e - OPT OUT: BOTH AN ORIGINAL AND SUBSEQUENT
OWNER MAY OPT OUT OF ARBITRATION PROVIDING
WRITTEN NOTICE (“THE OPT-OUT NOTICE”) TO
LENNOX that is post-marked no later than 30 calendar
days after the Owner’s purchase of the equipment (in the
case of the original owner) or purchase of the premises
at which the equipment was originally installed (in the
case of a subsequent owner). The Opt-Out Notice must
be mailed to Lennox at:
Lennox Industries Inc.
ATTN: Consumer A󰀨airs
P.O. Box 799900
Dallas, TX 75379-9900
The Opt–Out Notice must state (i) the Owner’s name and
address, and that the Owner opts out of arbitration, (ii) the
date that the Owner purchased the equipment (if the original
owner) or the premises where the equipment was originally
installed (in the case of a subsequent owner), (iii) the
equipment’s model name and number, (iv) the equipment
serial number (which can be found on the unit nameplate),
and (v) that the Owner elects to opt out of arbitration. The
Owner must sign the Opt-Out Notice personally and not
through another person or entity, and the Opt-Out Notice
will apply only to the person or entity that signs it. Neither
the Owner nor any other person or entity can opt out of
arbitration on behalf of anyone else. Providing a timely Opt-
Out Notice is the only way to opt out of arbitration. Opting out
of arbitration will not a󰀨ect this Basic Limited Warranty, and
the Owner will continue to enjoy the benets of this Basic
Limited Warranty if the Owner opts out of arbitration. Any
Opt-Out Notice received after the opt out deadline will
not be valid.
3 - Non-Arbitration Class Action and Jury Waiver: If for any
reason any Dispute proceeds in court rather than arbitration,
the Owner and Lennox waive any right to a jury trial, and
the Dispute will proceed solely on an individual, non-class,
non-representative basis. Neither the Owner nor Lennox
may be a class representative or class member or otherwise
participate in any class, consolidated, private attorney
general, or representative proceeding; provided, however,
that in California an individual can seek and obtain public
injunctive relief.
4 - Severability: If any provision of this Basic Limited Warranty
shall be held by an arbitrator or a court of competent jurisdiction
to be illegal, invalid, or unenforceable, the parties intend for that
provision to be amended and construed in a manner designed
to e󰀨ectuate the purposes of that provision to the fullest extent
permitted by law. If a provision cannot be so amended or
construed, it will be severed, and the remaining provisions
shall remain unimpaired, valid, and in full force and e󰀨ect to
the fullest extent permitted by law and shall be interpreted
so as to best reasonably e󰀨ect the intent of the parties. To
the extent there is a conict between this severability clause
and the severability clause in paragraph 2(a), the clause in
paragraph 2(a) shall govern. For the avoidance of doubt, the
severability clause shall not be used in a manner that permits
the Owner to bring a class or collective action.
DEFINITIONS
In addition to the terms dened above, the following denitions
will apply to this Basic Limited Warranty:
1 - The terms “Dispute” and “Disputes” will be broadly interpreted
to include any claims, disagreements, or controversies that
the Owner and Lennox had, have, or may have against
each other, whether based in contract or tort or on a statute
or regulation or any other legal theory, including, without
limitation, all claims, disagreements, or controversies related
in any way to or arising in any way out of:
a - the Equipment and components covered by this Basic
Limited Warranty;
b - any other Lennox equipment, component, or service;
c - any Lennox advertising, representation, or marketing;
d - any contract, warranty, or other agreement the Owner
had or has with Lennox;
e - any Lennox billing or other policy or practice;
f - any action or inaction by any Lennox o󰀩cer, director,
employee, agent, or other representative relating
to any Lennox equipment, component, marketing,
representation, or service;
g - any claims the Owner brings against a third party (such as
a distributor, dealer, or repair service) that are based on,
relate to, or in any way arise out of any Lennox equipment,
component, marketing, representation, or service;
h - any claims Lennox brings against the Owner; and
i - any aspect of the relationship between the Owner and
Lennox.
2 - “Dispute” and “Disputes” includes claims, disagreements, or
controversies that arose at any time, including before this
Basic Limited Warranty became operative and after this
Basic Limited Warranty is terminated.
3 - “Lennox” refers to Lennox International Inc., and Lennox
Industries Inc., as well as their parents, a󰀩liated companies,
related companies, subsidiaries, divisions, departments,
business units, representatives, predecessors in interest,
successors, and assigns.
4 - “Basic Limited Warranty” refers to this document.