Warranty

EXPERT REPORT AND TO TAKE THE EXPERT’S DEPOSITION
DURING DISCOVERY.
THE ARBITRATOR SHALL HAVE THE AUTHORITY TO RENDER
THE SAME RELIEF AS WOULD A COURT OF COMPETENT
JURISDICTION
AND SHALL HAVE EXCLUSIVE AUTHORITY
TO RESOLVE ANY DISPUTE RELATING TO THE SCOPE AND
ENFORCEABILITY OF THIS AGREEMENT. IN NO CASE SHALL
THE ARBITRATOR BE AUTHORIZED TO ADJUDICATE CLASS
ACTION CLAIMS AGAINST LP OR TO OTHERWISE ORDER A
SIMILAR CONSOLIDATION OF INDIVIDUAL CLAIMS AGAINST LP.
NOTWITHSTANDING THE FOREGOING, A CLAIM BY AN
INDIVIDUAL
OWNER SEEKING RELIEF OF $10,000 OR LESS
MAY BE PURSUED INDIVIDUALLY IN SMALL CLAIMS COURT
SO LONG
AS THE CLAIM IS MADE INDIVIDUALLY AND NOT
AS PART OF A CLASS OR A CONSOLIDATED ACTION.
CLASS ACTION WAIVER: ANY ARBITRATION OR SMALL CLAIMS
COURT ACTION, IF AUTHORIZED ABOVE WILL BE ON AN
INDIVIDUAL BASIS ONLY; CLASS ARBITRATIONS AND/OR
CLASS ACTIONS AND/OR CONSOLIDATED ACTIONS ARE
NOT PERMITTED. OWNER AND LP AGREE THAT: (i) ALL CLAIMS,
DISPUTES
, OR ACTIONS BETWEEN OWNER AND LP ARISING FROM
OR RELATING TO THE PRODUCT AND/OR THIS LIMITED WARRANTY
WILL BE BROUGHT AND CONDUCTED AND DETERMINED
INDIVIDUALLY, NOT AS A CLASS, AND (ii) THAT NEITHER PARTY
WILL SEEK TO CONSOLIDATE OR SEEK CLASS TREATMENT. IF
FOR ANY REASON THE FOREGOING CLASS ACTION WAIVER IS
FOUND TO BE INVALID OR UNENFORCEABLE, THIS ARBITRATION
AGREEMENT SHALL BE NULL AND VOID.
For further information, contact: Customer Service: [phone]
Email: [e-mail]
Write: Louisiana-Paci c Corporation, 414 Union Street Suite
2000, Nashville, TN 37219
www.lpcorp.com
©2020 Louisiana-Paci c Corp, All rights reserved. LP and LP Elements are registered trademarks of
Louisiana-Paci c Corporation.
Note: LP periodically updates and revises its product information. To verify this version is current,
visit lpcorp.com
LPZB0042 03/06/2020
reasonable notice to the Owner, LP must be allowed
to enter the property on which the Product is
installed to inspect the Product.
8. No Waiver
LP may choose to extend bene ts in certain circumstances
beyond what is provided in this Limited Warranty. In that
event, LP does not and has not waived its right to strictly
enforce the warranty terms, including all disclaimers, limitations,
and exclusions, in any and all other circumstances.
9. Governing Law
All questions concerning the meaning or applicability of this
Limited Warranty shall be decided under the laws of the
State of Tennessee without reference to choice-of-law rules.
This warranty gives you speci c legal rights, and you may also
have other rights which vary from state to state.
The provisions of this warranty do not preclude the operation
of any applicable state law which in certain circumstances
may not allow some of the limitations and exclusions
described in this warranty.
10. Agreement to Mandatory Binding Arbitration and Class
Action Waiver:
By (i) installing the Product, or (ii) retaining the Product
for 30 days after installation, or (iii) purchasing a structure
on which the product is already installed, Owner and LP
agree and Owner accepts that:
EVERY CLAIM OR CONTROVERSY BETWEEN OWNER AND
LP, ARISING FROM OR RELATING TO THE PRODUCT AND
/OR THIS LIMITED WARRANTY SHALL BE RESOLVED BY
FINAL AND BINDING ARBITRATION.
THE ARBITRATION SHALL BE INITIATED AND ADMINISTERED
IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT
(9 U.S.C. § 1 et seq.) AND THE APPLICABLE RULES OF
THE JUDICIAL ARBITRATION AND MEDIATION SERVICE
(www.jamsadr.com), UNLESS ANOTHER ARBITRATION
SERVICE IS AGREED TO IN WRITING BY BOTH PARTIES.
EACH PARTY WILL BE RESPONSIBLE FOR ITS OWN COSTS
AND FEES INCURRED IN ARBITRATION, INCLUDING
ATTORNEY’S FEES AND EXPERT WITNESS FEES; PROVIDED,
HOWEVER, THAT (i) LP WILL PAY ANY FEES AND COSTS
THAT ARE REQUIRED BY LAW AND (ii) FOR ANY
ARBITRATION FILED BY A CONSUMER RELATING TO
PERSONAL OR HOUSEHOLD USE OF THE PRODUCT, LP
WILL PAY OR REIMBURSE ALL ARBITRATION FILING FEES
AND ARBITRATOR’S COSTS OVER $100. BOTH SIDES ARE
ENTITLED TO REASONABLE DISCOVERY. IF ANY PARTY
INTENDS TO HAVE AN EXPERT TESTIFY ON THAT PARTY’S
BEHALF, THE OTHER PARTY SHALL BE ENTITLED TO AN
EXPERT REPORT AND TO TAKE THE EXPERT’S DEPOSITION
DURING DISCOVERY.
WARNING: Drilling, sawing, sanding or machining wood
products can expose you to wood dust, a substance known to
the State of California to cause cancer. Avoid inhaling wooddust
or use a dust mask or other safeguards for personal protection.
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