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129
Safety
individually as a court could. The arbitrator may award declaratory or
injunctive relief only to you individually, and only to the extent required to
satisfy your individual claim.
f. Arbitration Fees and Payments.
s Disputes Involving $75,000 USD or Less.
The manufacturer will promptly reimburse your filing fees and pay the
AAA’s and arbitrator’s fees and expenses. If you reject the
manufacturer’s last written settlement offer made before the arbitrator
was appointed (“last written offer”), your Dispute goes all the way to an
arbitrator’s decision (called an “award”), and the arbitrator awards you
more than the last written offer, the manufacturer will: (i) pay you the
greater of the award or $1,000 USD; (ii) pay twice your reasonable
attorney’s fees, if any; and (iii) reimburse any expenses (including expert
witness fees and costs) that your attorney reasonably accrues for
investigating, preparing, and pursuing your claim in arbitration. The
arbitrator will determine the amounts. The AAA rules will govern
payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
s Disputes Involving Any Amount.
In any arbitration you commence, the manufacturer will seek its AAA or
arbitrator’s fees and expenses, or your filing fees it reimbursed, only if
the arbitrator finds the arbitration frivolous or brought for an improper
purpose. In any arbitration the manufacturer commences, the
manufacturer will pay all filing, AAA, and arbitrator’s fees and expenses.
It will not seek its attorney’s fees or expenses from you in any
arbitration. Fees and expenses are not counted in determining how
much a Dispute involves.
g. Claims or Disputes Must Be Filed Within One Year.
To the extent permitted by law, any claim or Dispute to which Section 14
applies must be filed within one year in small claims court (Section 14b),
or in arbitration (Section 14c). The one-year period begins when the claim
or Dispute first could be filed. If such a claim or Dispute is not filed
within one year, it is permanently barred.
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