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SECTION 4 GENESIS WARRANTY INFORMATION
13
SECTION 4
purchase, use of your vehicle, or the vehicle warranty subject to
arbitration to the maximuom extent permitted by law. In any
arbitration, the arbitrator shall be bound by the terms of this
agreement and shall follow the applicable law. The arbitrator shall
not have the power to commit manifest errors of law, and any
award rendered by the arbitrator that employs a manifest error of
law may be vacated or corrected by a court of competent
jurisdiction for such error. The arbitrator may only resolve disputes
between you and us and may not consolidate claims without
the consent of all parties. The arbitrator cannot hear class or
representative claims or requests for relief on behalf of others
purchasing or leasing Genesis Motor America vehicles as permitted
by law. In other words, you and we may bring claims against the
other only in your or our individual capacity, and not as a plaintiff or
class member in any class or representative action to the maximum
extent permitted by law. If a court or arbitrator decides that any
part of this agreement to arbitrate cannot be enforced as to a
particular claim for relief, then that claim (and only that claim)
must be brought in court and must be stayed pending arbitration
of the arbitrable claims. If arbitration is elected by either party, the
parties collectively agree that they waive their right to a jury trial.
In no events shall class arbitration be permitted.
Notwithstanding the above, you may file a lawsuit in small claims
court for any claims that otherwise require binding arbitration. This
agreement evidences a transaction involving interstate commerce
and shall be governed by the Federal Arbitration Act, 9 U.S.C. ยงยง 1-
16. Judgment upon any award in arbitration may be entered in any
court having jurisdiction.
IF YOU PURCHASED OR LEASED YOUR VEHICLE IN CALIFORNIA,
YOUR WARRANTY IS MADE SUBJECT TO THE TERMS OF THIS
BINDING ARBITRATION PROVISION. BY ACCEPTING BENEFITS
UNDER THIS WARRANTY, INCLUDING HAVING ANY REPAIRS
PERFORMED UNDER WARRANTY, YOU AGREE TO BE BOUND
BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS,
PLEASE CONTACT US AT [email protected] WITHIN THIRTY
(30) DAYS OF YOUR PURCHASE OR LEASE TO OPT-OUT OF THIS
ARBITRATION PROVISION.
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