Amana AE Installation Instructions Manual page 17

2. ARBITRATION REQUIREMENT: EXCEPT AS STATED
BELOW, ANY DISPUTE BETWEEN YOU AND ANY OF US
SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRA-
TION 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
this heating or air conditioning unit, any warranty upon
the unit, or the unit's condition. It also includes determi-
nation 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 ARBI-
TRATION, 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 unit. The law
governing your substantive warranty rights and other
claims will be the law of the state or province in which
you purchased your unit. Any court having jurisdiction
may enter judgment on the arbitration award.
®
is a trademark of Maytag Corporation and is used under license to Goodman Company, L.P. All rights reserved.
RAC WINDOW TYPE H & C (AE, AH, PBC, PBE, PBH)
AMANA
BRAND
®
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, 10 th
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).
Lasts and Lasts and Lasts
...
17
LIMITED WARRANTY
Floor, New York, NY 10019, www.adr.org),
© 2010, 2017 Goodman Company, L.P.
®
Part No. PW-342D
1/2017