Product Warranty

7
ARBITRATION CLAUSE
RESOLUTION OF DISPUTES
ALL CLAIMS ARISING FROM THIS LIMITED WARRANTY OR THE MARKETING,
SALE OR PERFORMANCE OF THE PURCHASED PRODUCT AGAINST MICHELIN
NORTH AMERICA, INC. AND ITS AGENTS, EMPLOYEES, DEALERS, AFFILIATES,
PARENT OR SISTER CORPORATIONS, RELATED CORPORATE ENTITIES,
PREDECESSORS, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY
“MICHELIN”) SHALL BE SUBJECT TO BINDING ARBITRATION. You and Michelin
acknowledge your and its right to litigate claims, disputes and controversies
arising out of or in connection with this limited warranty or the marketing,
sale or performance of the purchased product in court, but prefer to resolve
any such claims, disputes and controversies through arbitration and hereby
waive the right to litigate such claims, disputes and controversies in court
upon election of arbitration by either party. Therefore, you and Michelin
agree that all claims, disputes, and controversies between you and Michelin
arising out of or in connection with this limited warranty, or any other
warranties, express or implied, including a failure of warranty, or any claims
arising out of or in connection with the marketing, sale or performance of
the purchased product, including but not limited to claims for consumer
fraud or brought under any consumer protection statute, but excluding
claims for personal injury or property damage, shall be finally resolved solely
by arbitration, upon election by either party, according to the formal dispute
resolution procedures then in effect of the National Arbitration Forum, or if
the National Arbitration Forum is no longer conducting such arbitrations, a
successor organization thereto or such other private arbitration service as you
and Michelin North America, Inc. shall mutually agree (the actual authority
involved, the “Arbitral Body”). The Arbitral Body shall decide the issues
submitted in accordance herewith, provided that all substantive questions of
law will be determined under the laws of the State in which you purchased
the product at issue. You agree that no claim subject to arbitration shall be
arbitrated as a class action, or on a class-wide or representative basis, or
on behalf of the general public, or on behalf of other persons that may be
similarly situated. You agree that you do not have the right to act as a private
attorney general, a class representative, or to participate as a member of a
class of claimants with any claim subject to arbitration. You further agree that
no claim subject to arbitration shall be heard by a jury and that any judgment
or award of the Arbitral Body will be final and not subject to judicial review.
All arbitrations will be conducted as document hearings. Each party shall
bear its own costs arising from and associated with the document hearing
with the exception of the arbitrator’s fee which will be borne by all parties
in equal shares. If either party requests any procedures beyond a document
hearing, the requesting party will be responsible for all fees, including filing
and administrative fees, above and beyond the fees required for document
hearings. Any award of the arbitrator(s) may be entered as a judgment and
shall be enforceable in any court of competent jurisdiction. The arbitrators
will have no authority to award punitive or other damages not measured by
the prevailing party’s actual damages, except as may be required by statute.
Information about arbitration may be obtained and claims may be filed at any
office of the National Arbitration Forum or at P.O. Box 50191, Minneapolis,
MN 55405.
TIRE DISABLEMENT SAFETY WARNING
Any tire may fail as a result of an improperly repaired puncture, impact damage,
improper inflation, overloading or other conditions resulting from use or misuse.
Tire failures, such as a rapid air loss or a tread and belt detachment, may increase
risk of injury or death and/or property damage. To reduce the risk of a tire failure,
Uniroyal recommends you thoroughly read and follow the recommendations in
this Uniroyal
Limited Warranty/Owner’s Manual, the vehicle owner’s manual, tire
placard information, and tire sidewall information regarding safety warnings,
proper tire use and maintenance.