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bluestarcooking.com 15
Limited Warranty
California and Quebec Residents. Failure by California and
Quebec residents to register does not diminish warranty rights.
LIMITATIONS ON LIABILITY. This Warranty is in lieu of all other
express warranes. ALL IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE ARE LIMITED TO THE
DURATION OF THIS WARRANTY. Some states and provinces do
not allow limitaons on implied warranes, so the above
limitaons may not apply to you.
THE OWNER AND PRIZER-PAINTER AGREE THAT THE
REMEDIES SET OUT HEREIN ARE THE OWNER’S EXCLUSIVE
REMEDIES FOR BREACH OF ALL WARRANTIES, EXPRESS OR
IMPLIED.
WHETHER ANY CLAIM IS BASED ON NEGLIGENCE OR OTHER
TORT, BREACH OF WARRANTY OR BREACH OF CONTRACT, OR
ANY OTHER TORT THEORY, PRIZER-PAINTER SHALL IN NO
EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO EXTRA
UTILITY EXPENSES, SHIPPING COSTS RELATED TO REPAIR OR
REPLACEMENT OF ANY PRODUCT OR DAMAGES TO
PROPERTY, RESULTING FROM BREACH OF THIS WARRANTY
OR ANY IMPLIED WARRANTY. Some states and provinces do
not allow the exclusion or limitaon of incidental or
consequenal damages, so this provision may not apply to you.
This Limited Warranty gives you specic legal rights, and you
may also have other rights that may vary from state to state or
province to province.
Where Can Any Legal Remedies Be Pursued? Please read
carefully the Arbitraon Clause and its Provisions, which aect
your legal rights. The Arbitraon Clause is also available on
Prizer-Painter’s website.
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS
ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.
1. Pares: This arbitraon clause aects your rights against
Prizer-Painter Stove Works, Inc. and any of its aliates or
employees or agents, successors, or assigns, all of whom
together are referred to as “we” or “us” for ease of reference.
2. ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW,
ANY DISPUTE BETWEEN YOU AND ANY OF US SHALL BE
DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER THAN
IN COURT OR BY JURY TRIAL. “Dispute” will be given the
broadest possible meaning allowable by law. It includes any
dispute, claim, or controversy arising from or relang to your
purchase of a Prizer-Painter Product, any warranty upon the
unit, or the unit’s condion. It also includes determinaon of
the scope or applicability of this Arbitraon Clause. The
arbitraon requirement applies to claims in contract and tort,
pursuant to statue, or otherwise.
3. CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED
ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU
EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM
YOU MAY HAVE AGAINST US, OR AS A PRIVATE ATTORNEY
GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU
ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
4. Discovery and Other Rights: Discovery and rights to appeal
in arbitraon 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 arbitraon. Please read
this Arbitraon Clause and consult the rules of the arbitraon
organizaons listed below for more informaon.
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. OPTING OUT OF THIS ARBITRATION CLAUSE: YOU MAY
OPT OUT OF THIS ARBITRATION CLAUSE WITHIN 60 DAYS OF
PURCHASE, IF YOU INFORM PRIZER-PAINTER IN WRITING, VIA
REGISTERED MAIL (PRIZER-PAINTER, 318 June Ave., Blandon,
PA 19510) THAT YOU ARE OPTING OUT. There is no other
procedure to opt out. Opng out of this Arbitraon Clause will
not aect your other rights under this warranty.
7. Governing Law: The procedures and eect of the arbitraon
clause will be governed by the Federal Arbitraon Act (9 U.S.C.
§ 1 et seq.) rather than by state law concerning arbitraon. The
law governing your warranty rights or other claims will be the
law of the state in which you purchased your Product. Any
court having jurisdicon may enter judgment on the arbitraon
award.
8. Rules of the Arbitraon: If the amount in controversy is less
than $50,000, the arbitraon will be decided by a single
arbitrator. If the amount in controversy is greater than or equal
to $50,000, the arbitraon will be decided by a panel of three
arbitrators. The arbitrator(s) will be chosen pursuant to the
rules of the organizaon that administers the arbitraon. You
may choose either of the following arbitraon organizaons,
and its applicable rules: the American Arbitraon Associaon,
1633 Broadway, 10th Floor, New York, NY 10019
(www.adr.org); JAMS, 1920 Main Street, Ste. 300, Irvine, CA
92614 (www.jamsadr.com); or other organizaon that you may
choose subject to our approval. These organizaons’ rules can
be obtained by contacng or vising the organizaon’s
website. If the arbitraon organizaon’s rules conict with this
Arbitraon Clause, the provisions of this Arbitraon Clause
control. The award of the arbitrator(s) shall be nal and binding
on all pares.
For further informaon about this warranty,
contact Prizer Painter Customer Service at 877.427.3290.
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