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Big Bear Chopper 2009 - Safety Defect Reporting and Dispute Resolution

Big Bear Chopper 2009
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BIG BEAR CHOPPERS recommends that any noise related repair or maintenance be preformed by BEAR CHOPPERS or an
authorized BEAR CHOPPERS Dealer.
REPORTING SAFETY DEFECTS
Required by the National Highway Trafc Safety Administration (NHTSA). If you believe that your vehicle has a defect which
could cause a crash or could cause injury or death, you should immediately inform the National Highway Trafc Safety Admin-
istration (NHTSA) in addition to notifying BIG BEAR CHOPPERS, INC. If NHTSA receives similar complaints, it may open an
investigation, and if it nds that a safety defect exists in a group of vehicles, it may order a recall and remedy campaign. However,
NHTSA cannot become involved in individual problems between you, your local BIG BEAR CHOPPERS Dealer, or BIG BEAR
CHOPPERS, INC. To contact NHTSA, you may either call the Auto Safety Hotline toll-free at 1-800-424-9393 or (202) 366-0123
in the Washington D.C. area) or write to: NHTSA, U.S. Department of Transportation, 400 7th Street S.W., (NASS-11) Washing-
ton, DC 20590. You can also obtain other information about motor vehicle safety from the Hotline.
NOTICE OF WARRANTY DISPUTE RESOLUTION PROGRAM
BIG BEAR CHOPPERS has in place an informal dispute settlement mechanism, established in compliance with Federal Trade
Commission Regulations, published at 16 C.F.R. Part 703. OWNER is required to resort to this alternative dispute resolution
program before exercising rights or seeking remedies under the federal Magnuson-Moss Warranty Act, 15 U.S.C. §2301, et seq.
OWNER may be required to resort to this alternative dispute resolution program before exercising rights or seeking remedies
under certain state consumer laws and “lemon law” statutes. These requirements vary from state to state, and are independent
of the requirements of the federal Magnuson-Moss Warranty Act.15 U.S.C. §2301, et seq. OWNER and BIG BEAR CHOPPERS
shall submit any dispute arising under this Warranty, to arbitration in accordance with the Rules of the Better Business Bureau
(BBB). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair. In doing so, the arbitrator is not
required to apply legal principles. If OWNER accepts the arbitrator’s decision, BIG BEAR CHOPPERS will be bound to abide
by the decision and comply with its terms (subject to any limited right of review that may be provided by state or federal relaw);
the OWNER must comply with the terms of the decision; and OWNER gives up the right to sue BIG BEAR CHOPPERS in court
on any claim that has been resolved at the arbitration hearing unless BIG BEAR CHOPPERS fails to perform according to the
arbitrators decision (or unless otherwise provided by state or federal law). If OWNER rejects the arbitrators decision, OWNER
may pursue other legal remedies under state or federal law; and BIG BEAR CHOPPERS will not be obligated to perform any
part of the decision.
When ling a claim with the BBB, OWNER shall provide, at a minimum, the following information: make and model, vehicle
identication number, date of purchase, place of purchase, current odometer reading, a list of all complaints, and a copy of all
repair orders and any other documentation to support OWNER’S claim(s). BIG BEAR CHOPPERS shall have ten (10) days from
the receipt of written notice from the BBB that OWNER has led a claim and requested an arbitration hearing within which to
respond to OWNER’S claim. OWNER shall then have ten (10) days from the receipt of BIG BEAR CHOPPERS’ response within
which to respond to the same. Simultaneously, the BBB shall obtain a hearing date, said hearing to take place within forty (40)
days of the original ling of OWNER’S claim and request for arbitration with the BBB. All administrative fees, except for attorney
fees, for the arbitration process will be paid by BIG BEAR CHOPPERS.
THIS ARBITRATION PROCESS AFFECTS IMPORTANT LEGAL RIGHTS, AND OWNER SHOULD CHECK WITH AN AT-
TORNEY IF HE / SHE HAS QUESTIONS ABOUT THOSE RIGHTS.
NOTE: The foregoing Notice regarding arbitration, established in accordance with the Rules of the Better Business Bureau to
settle any Warranty disputes that may arise with OWNER’S BIG BEAR CHOPPERS’ motorcycle, is set forth in part, and ac-
knowledged by OWNER, in a separate document furnished to OWNER at the time of sale, entitled “Notice of Warranty Dispute
Resolution Program,” and is set forth in its entirety in this WARRANTY SECTION to satisfy applicable state and federal compli-
ance requirements (16 C.F.R. Part 703) and for OWNER’S reference.
4.0 Warranty

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