Warranty

6. Governing Law: For residents of the United States, the
procedures and effect of the arbitration will be governed by the
Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather than by state
law concerning arbitration. For residents of Canada, the
procedures and effect of the arbitration will be governed by the
applicable arbitration law of the province in which you
purchased your unit. The law governing your substantive
warranty rights and other claims will be the law of the state or
province in which you purchased your unit. Any court having
jurisdiction may enter judgment on the arbitration award.
7. Rules of the Arbitration: If the amount in controversy is less
than $250,000, the arbitration will be decided by a single
arbitrator. If the amount in controversy is greater than or equal
to $250,000, the arbitration will be decided by a panel of three
arbitrators. The arbitrator(s) will be chosen pursuant to the
rules of the administering arbitration organization. United
States residents may choose the American Arbitration
Association (1633 Broadway, 10th Floor, New York, NY 10019,
www.adr.org), JAMS (1920 Main Street, Ste. 300, Irvine, CA
92614, www.jamsadr.com), or, subject to our approval, any
other arbitration organization. In addition, Canadian residents
may choose the ADR Institute of Canada (234 Eglinton Ave. East,
Suite 405, Toronto, Ontario, M4P 1K5, www.amic.org). These
organizations’ rules can be obtained by contacting the organiza-
tion or visiting its website. If the chosen arbitration
organization’s rules conflict with this Arbitration Clause, the
provisions of this Arbitration Clause control. The award of the
arbitrator(s) shall be final and binding on all parties.
8. Location of the Arbitration Hearing: Unless applicable law
provides otherwise, the arbitration hearing for United States
residents will be conducted in the federal judicial district in
which you reside or, for Canadian residents, in the province in
which you reside.
9. Costs of the Arbitration: Each party is responsible for its own
attorney, expert, and other fees unless applicable law requires
otherwise. MRCOOL will pay your share of the fees charged by
the arbitration organization and arbitrator(s) beyond the first
$200. Where permissible by law, you may be required to
reimburse MRCOOL for the fees of the arbitration organization
and arbitrator(s) in whole or in part by decision of the
arbitrator(s) at the discretion of the arbitrator(s).
10. Survival and Enforceability of this Arbitration Clause: This
Arbitration Clause shall survive the expiration or termination, or
any transfer, of the warranty on your unit. If any part of this
Arbitration Clause, except waivers of class-action rights, is
found to be unenforceable for any reason, the remainder of
this clause and the warranty shall remain enforceable. If, in a
case in which class-action allegations have been made, the
waiver of class-action rights under this warranty is found to be
unenforceable with respect to any part of the dispute, the parts
of the dispute as to which the waiver of class-action rights have
been found unenforceable will be severed and will proceed in
court without reference or application of this Arbitration Clause.
Any remaining parts will proceed in arbitration.
What Won’t MRCOOL Do To Correct Problems?
MRCOOL will not pay for:
· Labor, freight, or any other cost associated with the service,
repair, or operation of the unit.
· Electricity or fuel costs, or increases in electricity or fuel costs,
for any reason, including additional or unusual use of
supplemental electric heat.
· Lodging or transportation charges.
WHETHER ANY CLAIM IS BASED ON NEGLIGENCE OR OTHER
TORT, BREACH OF WARRANTY OR OTHER BREACH OF
CONTRACT, OR ANY OTHER THEORY, NEITHER MRCOOL NOR
ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS, LOSS OF USE OF A UNIT, EXTRA
UTILITY EXPENSES, OR DAMAGES TO PROPERTY.
How Can The Owner Receive Warranty Service?
If there is a problem with the unit, contact a licensed contractor.
To receive a replacement part, a licensed contractor must bring
the defective part to a MRCOOL heating and air conditioning
products distributor.
For more information about the warranty, visit MRCOOL.COM
1. Parties: This arbitration clause affects your rights against
MRCOOL and any of its affiliates or 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 relating to your purchase of this
heating or air conditioning unit, any warranty upon the unit, or
the unit’s condition. It also includes determination of the scope
or applicability of this Arbitration Clause. The arbitration
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. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS
ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBI-
TRATIONS.
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.
Multi-Family Residence Warranty
Models: MGS80, MGH93
www.MrCool.com
®