Warranty Exclusions and Limitations of Remedy
This limited warranty does not cover batteries that are merely discharged, or that are damaged due to abuse, neglect, misuse, fire, accident, colli-
sion, explosion, freezing, theft, overcharging, alteration, improper installation, use of special additives, unauthorized attempt to repair, or failure to
keep the battery properly maintained. IB’s liability is limited to the replacement of the battery according to the terms of this limited warranty. IB
will not be liable for any punitive, consequential, or incidental damages, such as the cost of installation, towing, electrical system tests,
charging a battery, rental vehicles, labor, loss of time, loss of use of a vehicle, lost profits, or damage to property other than the battery. Some States
do not allow the exclusion or limitation of these incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Legal
This limited warranty controls all warranty claims. IB makes no other express warranties.
Notice of Arbitration Agreement and Class Action Waiver
• This agreement provides that all disputes between you and IB will be resolved by Binding individual arBitration.
• You give up Your right to go to Court, exCept for matters that may be taken to small claims court.
• In arbitration, you and IB agree to Waive the right to a trial BY JurY.
• You and IB also Waive the right to participate in a class-action lawsuit or class-action arbitration.
See www.adr.org or call 800-778-7879 for information about how to initiate arbitration and the procedures that will be used.
Mandatory and Binding Individual Arbitration: In accordance with the Federal Arbitration Act, you and IB agree to arbitrate—on
an individual basis only—any claim or dispute that is related to the purchase, use, performance, warranty, or return of your IB
battery. You and IB will submit any such dispute to final, binding individual arbitration before the American Arbitration Association (AAA), or if
the AAA is not available, JAMS, www.jamsadr.com. Unless you and IB agree otherwise, any arbitration hearings will take place in the county (or
parish) of your residence. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures
for Consumer Related Disputes of the AAA, as modified by this Mandatory and Binding Individual Arbitration provision, but in no event shall any
AAA rule or procedure be used that would allow for arbitration to proceed on a class action or other aggregate basis. You and IB give up the right
to go to court, except that either you or IB may bring an individual action in small claims court. Otherwise, this Mandatory and Binding Individual
Arbitration provision shall be a complete defense to any suit, action, or proceeding in any federal, state, or local court or before any administrative
tribunal with respect to such disputes. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority and
jurisdiction to resolve any such disputes. The arbitrator’s authority specifically includes disputes relating to the scope or applicability of this
Mandatory and Binding Individual Arbitration provision or the interpretation, applicability, enforceability, or formation of this limited warranty,
including but not limited to any claim that all or any part of this limited warranty is void or voidable. Arbitrator decisions are enforceable and are
subject to very limited review by a court. Judgment on an award rendered in arbitration may be entered in any court having jurisdiction. This
Mandatory and Binding Individual Arbitration provision applies to the full extent allowed by law, except where prohibited by State or federal law.
Class Action Waiver: You and IB further agree that any claim or dispute between you and IB that is related to the purchase, use,
performance, warranty, or return of your IB battery will only be asserted in an individual capacity. You and IB will not pursue any
class arbitration, class action, or other aggregate or representative proceeding seeking relief on behalf of anyone other than yourself or itself.
Statute of Limitations: Any action, arbitration, or other proceeding based on any claim or dispute that might arise between you and IB that
is related to the purchase, use, performance, warranty, or return of your IB battery must be commenced within 2 years after the events giving
rise to that claim.
Choice of Law: IB is headquartered in Dallas, Texas. You and IB agree that the law of Texas will apply to any claims or disputes between you
and IB involving the purchase, use, performance, warranty, or return of your IB battery. This choice-of-law provision is intended to be given the
broadest possible scope and applied to all claims and disputes, without regard to conflict of laws rules.
Some Limitations May Not Apply in Particular Jurisdictions: Some States may not allow certain provisions of this limited warranty,
so these provisions may not apply to you. No provision is intended to limit, modify, take away from, disclaim, or exclude any mandatory
warranty requirements provided by any State, unless permitted by that State’s law or federal law. This warranty gives you specific legal rights,
and you may also have other legal rights, which vary from State to State.
Severability: If any provision of this limited warranty is held unenforceable, all remaining provisions of this limited warranty shall remain
in full force and effect—except that if a claim or dispute is presented as a class arbitration, class-action lawsuit, or as any other aggregate or
representative-type proceeding and the Class Action Waiver provision is found to be invalid or unenforceable, then the Mandatory and Binding
Individual Arbitration provision shall also become null and void, and the claim or dispute will be decided by a court.
California Residents Only
To find an IB Authorized Warranty Dealer or All Battery Center Store in California, see the section above, “What You Must Do.” If IB does not
provide service and repair facilities within California or does not make service literature and replacement parts available to authorized service
and repair facilities in California during the express warranty period, then California residents have the option of returning a nonconforming
battery (1) to the retail store where it was purchased or (2) to another retail store that sells the same type of Interstate Batteries branded
battery. The retail store shall then, according to its preferences, either repair your battery, refer you to an independent repair facility, replace
your battery, or refund you the purchase price less the amount directly attributable to your prior use of the battery. If either of the above two
options does not furnish you with appropriate relief, you may then take the battery to an independent repair facility, if service or repair can be
economically accomplished, at IB’s expense.
California Proposition 65 Warning: Batteries, battery posts, terminals and related accessories contain lead and lead compounds, and
other chemicals known to the State of California to cause cancer, birth defects and reproductive harm. Wash hands after handling!
Contact
For more information on this limited warranty, contact: Interstate Batteries, Customer Service, 12770 Merit Drive, Suite 300, Dallas, Texas 75251.
You may also contact IB by phone at 888-772-3600 or visit www.interstatebatteries.com.
©2012 Interstate Battery System of America, Inc. | Printed in the USA | MKT0648 | BBL 6/12 | PN222006
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