23 Installer Guide
or controversy arising from or relating to your purchase
of this control, any warranty upon the unit, or the unit’s
condition. It also includes determination of the scope or
applicability of this Arbitration Clause. The arbitration
requirement applies to claims in contract and tort,
pursuant to statute, or otherwise.
3. CLASS-ARBITRATION WAIVER: ARBITRATION IS
HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS
ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY
RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE
OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY
HAVE AGAINST US OR WE AGAINST YOU, OR AS A
PRIVATE ATTORNEY GENERAL OR IN ANY OTHER
REPRESENTATIVE CAPACITY. YOU AND WE ALSO
WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
4. Discovery and Other Rights: Discovery and rights to
appeal in arbitration are generally more limited than in
a lawsuit. This applies to both you and us. Other rights
that you or we would have in court may not be available
in arbitration. Please read this Arbitration Clause and
consult the rules of the arbitration organizations listed
below for more information.
5. SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE TO
LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF US IN
SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION,
IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE
HEARD IN SMALL CLAIMS COURT.
6. Governing Law: For residents of the United States, the
procedures and effect of the arbitration will be governed
by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather
than by state law concerning arbitration. For residents
of Canada, the procedures and effect of the arbitration
will be governed by the applicable arbitration law of the
province in which you purchased your control. The law
governing your substantive warranty rights and other
claims will be the law of the state or province in which
you purchased your control. Any court having jurisdiction
may enter judgment on the arbitration award.
7. Rules of the Arbitration: If the amount in controversy
is less than $250,000, the arbitration will be decided
by a single arbitrator. If the amount in controversy is
greater than or equal to $250,000, the arbitration will be
decided by a panel of three arbitrators. The arbitrator(s)
will be chosen pursuant to the rules of the administering
arbitration organization. United States residents may
choose the American Arbitration Association (1633
Broadway, 10th Floor, New York, NY 10019, www.adr.
org), JAMS (1920 Main Street, Ste. 300, Irvine, CA
92614, www.jamsadr. com), or, subject to our approval,
any other arbitration organization. In addition, Canadian
residents may choose the ADR Institute of Canada (234
Eglinton Ave. East, Suite 405, Toronto, Ontario, M4P
1K5, www.amic.org). These organizations’ rules can be
obtained by contacting the organization or visiting its
website. If the chosen arbitration organization’s rules
conflict with this Arbitration Clause, the provisions of this
Arbitration Clause control. The award of the arbitrator(s)
shall be final and binding on all parties.
8. Location of the Arbitration Hearing: Unless applicable
law provides otherwise, the arbitration hearing for United
States residents will be conducted in the federal judicial
district in which you reside or, for Canadian residents, in
the province in which you reside.
9. Costs of the Arbitration: Each party is responsible for its
own attorney, expert, and other fees unless applicable
law requires otherwise. Goodman will pay your share
of the fees charged by the arbitration organization and
arbitrator(s) beyond the first $200. Where permissible
by law, you may be required to reimburse Goodman for
the fees of the arbitration organization and arbitrator(s)
in whole or in part by decision of the arbitrator(s) at the
discretion of the arbitrator(s).
10. Survival and Enforceability of this Arbitration Clause:
This Arbitration Clause shall survive the expiration
or termination, or any transfer, of the warranty on
your control. If any part of this Arbitration Clause,
except waivers of class-action rights, is found to be
unenforceable for any reason, the remainder of this
clause and the warranty shall remain enforceable. If, in a
case in which class-action allegations have been made,
the waiver of class-action rights under this warranty is
found to be unenforceable with respect to any part of the
dispute, the parts of the dispute as to which the waiver
of class-action rights have been found unenforceable
will be severed and will proceed in court without
reference or application of this Arbitration Clause. Any
remaining parts will proceed in arbitration.
Part No. PWCSTATPLUS
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