Warranty

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:
(i) Original Home Owners: 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 AWARD AMOUNT PLUS A REASONABLE
ATTORNEY’S FEE UP TO THE LESSER OF THREE TIMES THE AWARD
AMOUNT OR $7,500, ON CONDITION THAT YOU HAVE NOT
DISCLOSED THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY
GP OR YOU TO THE ARBITRATOR IN BREACH OF PARAGRAPH
7(c) ABOVE .
(ii) Commercial Purchasers and Home Builders and
Contractors: Each party shall bear its own costs of arbitration and be
responsible for its share of the arbitration fees in accordance with the
CPR rules. In the event a party fails to proceed with arbitration,
unsuccessfully challenges the arbitrator’s award, or fails to comply
with the arbitrator’s award, the other party is entitled to recover a
reasonable attorney’s fee and litigation costs for having to compel
arbitration or defend or enforce the award.
(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, BUILDING OWNERS OR PURCHASERS OF GP
PRODUCTS, OR OTHER PERSONS SIMILARLY SITUATED. YOU
ALSO AGREE NOT TO PARTICIPATE AS A CLASS MEMBER IN ANY
SUCH PROCEEDING.
(h) Jury Trial Waiver: If for any reason this Arbitration
Agreement is found to be unenforceable, you and GP each expressly
and knowingly WAIVE THE RIGHT TO TRIAL BY JURY OF ANY
CLAIM.
(i) Opt-Out Rights: Notwithstanding any contrary provision
of this Limited Warranty, GP hereby reserves the right to opt out of
mandatory arbitration if named in a lawsuit by a third-party that is
a defendant in a lawsuit brought by person or entity whose claims
are governed by this Limited Warranty, and to require that all
related Disputes governed by this Limited Warranty be resolved in
such proceedings.
8. EFFECTIVE DATE. This Limited Warranty shall be effective with
respect to Product manufactured on or after January 1, 2015 (the
“Effective Date”).
9. ENTIRE AGREEMENT. This document is the entire agreement
between you and GP with respect to the Product and supersedes all
prior and contemporaneous agreements, representations, warranties
or understandings, whether oral or written. No GP reseller, agent, or
employee is authorized to make any modification, extension, or
addition to this Limited Warranty. The provisions of this Limited
Warranty are severable. If any provision of this Limited Warranty is
determined by an arbitrator or court to be unenforceable for any
reason, then the unenforceable provision shall be struck, and the other
provisions of this Limited Warranty shall remain in full force and
effect. NOTWITHSTANDING THE FOREGOING, IF FOR ANY
REASON THE CLASS ACTION WAIVER HEREIN IS FOUND TO BE
UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL
BECOME NULL AND VOID.
10. MODIFICATION. GP reserves the right to discontinue and/or
modify the Product and/or this Limited Warranty at any time without
notice, provided, however, that any modification to this Limited
Warranty shall not apply to any Product for which this Limited
Warranty is already in effect.
Plytanium and the Plytanium and Georgia-Pacific logos are
trademarks owned by or licensed to Georgia-Pacific Wood Products
LLC. APA and Sturd-I-Floor are trademarks of APA-The Engineered
Wood Association. ©2015 Georgia-Pacific Wood Products LLC. All
rights reserved. Rev. 01/15. Lit. item #621547