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47
ARBITRATION CLAUSE
BlueStar® Cooking Appliances, BlueStar® Ventilation Hoods, Prizer Hoods® Ventilation Hoods and
Abbaka Ventilation Hoods and remote blowers
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR
LEGAL RIGHTS. YOU SHOULD ALSO CONSIDER CONSULTING WITH OTHERS ABOUT ARBITRATION
BECAUSE THE INFORMATION PROVIDED IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION
OF THE CONSEQUENCES OF ARBITRATION.
1. Parties: This arbitration clause affects your rights against Prizer-Painter Stove Works, Inc. and any of its
affiliates 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 relating to your purchase of a Prizer-Painter Product, any warranty upon the
unit, or the unit’s condition. The arbitrator(s) shall have the exclusive power and jurisdiction to make all
procedural and substantive decisions concerning the Dispute including the power to determine the
question of arbitrability including the scope or applicability of this Arbitration Clause. The arbitration
requirement applies to all claims including those arising out of 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, AND US AGAINST US, 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. OPTING OUT OF THIS ARBITRATION CLAUSE: YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE
WITHIN 60 DAYS OF WHEN WARRANTY COVERAGE BEGINS, IF YOU INFORM PRIZER-PAINTER IN
WRITING, VIA REGISTERED MAIL (SENT TO PRIZER-PAINTER CONSUMER AFFAIRS , Prizer-Painter
Stoveworks, 318 June Avenue Blandon, PA 19510-9566. THAT YOU ARE OPTING OUT. Please also provide
your name, address, product model and serial number and proof of purchase. There is no other
procedure to opt out. Opting out of this Arbitration Clause will not affect your other rights under this
warranty.
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