Product Manual

25
Caterpillar: Confidential Green
www.adr.org or by calling the AAA at 1-800-778-7879. In the event
of any conflict between the terms set forth herein and the AAA
Consumer Arbitration Rules, these terms will apply.
f. If your claim totals less than US$25,000, Caterpillar will pay for all
administrative and arbitration fees, including the arbitrator’s
compensation, and will reimburse you for any administrative and
arbitration fees that you incur. If your claim exceeds US$25,000,
the parties will pay equal shares of any administrative and
arbitration fees, including the arbitrator’s compensation, except for
such fees that the AAA Consumer Arbitration Rules require
Caterpillar to pay in full. Each party will bear the expense of its
own counsel, experts, witnesses, and preparation and presentation
of evidence at any arbitration hearing.
g. If your claim is for US$25,000 or less, you and Caterpillar agree
that you may choose whether the arbitration will be conducted
solely on the basis of documents or through a telephonic hearing.
You may also request an in-person hearing, which the arbitrator
may grant at his or her discretion. If the arbitrator grants an in-
person hearing, such hearing will be conducted either at a mutually
agreed location or a location determined by the AAA or the
arbitrator. In such an in-person hearing, the parties, or any of their
witnesses, have the right to participate remotely by way of
videoconference or some similar means. If your claim exceeds
US$25,000, the right to a hearing will be determined by the
arbitrator.
h. You and Caterpillar agree that, to the extent permitted by
applicable law, any dispute resolution proceedings, whether in
court or before an arbitrator, will be conducted only on an individual
basis and not in a class, representative, consolidated, or mass
action. Neither you nor Caterpillar may join or consolidate claims
by or against a third party, or arbitrate or otherwise participate in
any claim as a class representative, class member or in a private
attorney general capacity. If this provision is found to be
unenforceable, then the entirety of the terms and conditions of
these Dispute Resolution and Arbitration paragraphs (other than
paragraph (k)) shall be null and void.
i. Any arbitration will be confidential. Neither you, Caterpillar, the
AAA, nor the arbitrator may disclose the existence, content
(including any oral or written submissions), or results of any
arbitration, except as may be required by law or for purposes of
enforcing or challenging of the arbitration award.
j. You may opt out of this dispute resolution procedure by providing
written notice to Caterpillar at the Notice Address no later than 30
calendar days from the date of your purchase of Caterpillar
products or services (or date of first use, in the case of free
products or services) covered by this Limited Warranty. Opting out
of this dispute resolution procedure will not otherwise affect the
coverage or applicability of the Limited Warranty, or your ability to
purchase or use Cat branded portable generator products or
services, in any way.
k. If for any reason a claim proceeds in court rather than in arbitration
or small claims court, including if you opt out under paragraph (j),
to the extent permitted by applicable law, we each waive any right
to a jury trial and agree that any such proceeding shall be
conducted only on an individual basis and not in a class,
representative, consolidated, or mass action. Under such
circumstances, you and Caterpillar agree that, to the extent any
dispute arises out of a Cat branded portable generator sold in the
US, the federal and state courts of the State of Illinois have
exclusive jurisdiction to hear and determine any such claim,
consent to the personal jurisdiction of any federal or state court in
the State of Illinois, and acknowledge that venue is proper in any
judicial district within the State of Illinois. If any part of these
Dispute Resolution and Arbitration provisions or this paragraph (k)
is found to be unenforceable, the remainder of these Dispute
Resolution and Arbitration Provisions and this paragraph (k) shall
still be given full force and effect.
l. In the event that any provision of this agreement is found to be
invalid or unenforceable in a particular case or jurisdiction, that
provision will be severable in that case or jurisdiction, as the case
may be, without affecting the validity and enforceability of the
remaining provisions of the agreement, and shall not affect the
validity and enforceability of the agreement in other cases and
jurisdictions.
Applicable Law
m. By purchasing or using any Cat branded portable generator
product or service related thereto, you agree that, to the degree
permitted by applicable law, the Federal Arbitration Act, applicable
federal law, and laws of the State of Illinois, without regard to its
conflict of laws rules, will govern the terms of this Limited Warranty,
as well as any dispute of any sort that might arise between you and
Caterpillar relating to such products or services.
n. If a dispute arises out of a Cat branded portable generator sold in
Canada the foregoing dispute resolution and arbitration terms will
apply to the extent permitted by applicable law. If the foregoing
terms are not binding upon you under the applicable law of your
jurisdiction, and the dispute is within the jurisdiction of the small
claims court in your province, you may choose to take your claim
to that court. If the dispute exceeds the jurisdiction of the small
claims court in your province, you agree to submit to the jurisdiction
of the courts within your province for the purpose of litigating all
claims, disputes, actions or causes of action, issues or requests for
relief arising out of or relating to this Limited Warranty, which courts
shall have exclusive jurisdiction over all such claims, disputes,
actions or causes of action, issues or requests for relief.
Limitations
THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. SPECIFICALLY, CATERPILLAR MAKES
NO OTHER WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CATERPILLAR'S ONLY
LIABILITY SHALL BE THE REPAIR OR REPLACEMENT OF PART(S) AS STATED ABOVE. IN NO EVENT SHALL CATERPILLAR BE LIABLE
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE A DIRECT RESULT OF CATERPILLAR'S
NEGLIGENCE.
This warranty is subject to and shall not apply in contravention of the laws or other legal compliance requirements of the United States or any other
applicable jurisdiction, without recourse or liability with respect to Caterpillar.Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation may not apply to you. This warranty gives you specific legal rights. You may also have other rights
from state to state, or territory.
In USA and Canada: Caterpillar Newberry LLC, Electric Power
Division, 40 Mawsons Way, SC 29108-6400, Attention:Customer
Service Manager, Telephone [phone]. Outside the USA and
Canada: Contact your Authorized Service Representative
www.cat.com/homeandoutdoorpower-support or email
[e-mail].
©2019 Caterpillar All Rights Reserved. CAT, CATERPILLAR, their
respective logos, "Caterpillar Yellow" the "Power Edge" trade dress
as well as corporate and product identity used herein, are trademarks
of Caterpillar and may not be used without permission.
www.cat.com/homeandoutdoorpower