10
LIMITED WARRANTY
GreenPan Electrics are covered by a limited
warranty against defects in materials and
workmanship, beginning on the date of purchase
and lasting for two years. If your GreenPan
Electrics product has a defect during the warranty
period, The Cookware Company (USA), LLC
will either repair or replace the product. Further
information on the warranty claim process,
exclusions from warranty coverage, and other
terms can be found in the complete limited
warranty for this product, available online at
greenpan.us/warranty.
TERMS OF SALE;
ARBITRATION
The terms on which The Cookware Company
(USA), LLC sells GreenPan Electrics are available
online at greenpan.us/pages/terms of-sale
(the “Terms”). The Terms contain very important
information regarding your rights and obligations,
as well as conditions, limitations, and exclusions
that may apply to you. Please read them carefully.
In particular, the Terms provide that, by your
purchase of this product, you and The Cookware
Company (USA), LLC are agreeing to give up
any rights to litigate in a court or before a jury, or
to participate in a class action or representative
action with respect to a claim. Other rights that
you would have if you went to court may also be
unavailable or limited in arbitration. Any claim,
dispute, or controversy between you and The
Cookware Company (USA), LLC arising from or
relating in any way to your purchase of products
or services will be resolved exclusively and finally
by binding arbitration.
The arbitration will be administered by the
American Arbitration Association (“AAA”) in
accordance with the Consumer Arbitration
Rules (the “AAA Rules”) then in effect, except as
modified hereby. (The AAA Rules are available
at adr.org or by calling the AAA at 1-800-778-
7879.) The Federal Arbitration Act will govern the
interpretation and enforcement of this arbitration
and waiver provision.
The Cookware Company (USA), LLC will be
responsible for the AAA filing fee of any such
proceeding. Other than your right to pursue a
claim in small claims court, as described in the
Terms, the arbitrator will have exclusive authority
to resolve any dispute relating to arbitrability
and/or enforceability of this arbitration provision,
including any unconscionability challenge or
any other challenge that the arbitration provision
or these Terms are void, voidable or otherwise
invalid. The arbitrator will be empowered to grant
whatever relief would be available in court under
law or in equity. Any award of the arbitrator(s)
will be final and binding on each of the parties
and may be entered as a judgment in any court
of competent jurisdiction. Attorney fee shifting
in this case is governed by the Terms. You agree
to an arbitration on an individual basis. In any
dispute, NEITHER YOU NOR THE COOKWARE
COMPANY (USA), LLC WILL BE ENTITLED
TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS IN COURT OR
IN ARBITRATION OR OTHERWISE PARTICIPATE
IN ANY CLAIM AS A CLASS REPRESENTATIVE,
CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. The arbitral tribunal may
not consolidate more than one person’s claims
and may not otherwise preside over any form
of a representative or class proceeding. The
arbitral tribunal has no power to consider the
enforceability of this class arbitration waiver and
any challenge to the class arbitration waiver may
only be raised in a court of competent jurisdiction.
If any provision of the arbitration agreement
described herein and in the Terms is found
unenforceable, the unenforceable provision will be
severed and the remaining arbitration terms will
be enforced.
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