User Guide

5
HOW DO I DISPUTE ISSUES CONCERNING
THIS WARRANTY?
ALL CLAIMS ARISING FROM THIS LIMITED WARRANTY OR THE MARKETING,
SALE OR PERFORMANCE OF THE PURCHASED PRODUCT AGAINST MICHELIN
NORTH AMERICA, INC. AND ITS AGENTS, EMPLOYEES, DEALERS, AFFILIATES,
PARENT OR SISTER CORPORATIONS, RELATED CORPORATE ENTITIES,
PREDECESSORS, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY
“MICHELIN”) SHALL BE SUBJECT TO BINDING ARBITRATION. You and Michelin
acknowledge your and its right to litigate claims, disputes and controversies
arising out of or in connection with this limited warranty or the marketing,
sale or performance of the purchased product in court, but prefer to resolve
any such claims, disputes and controversies through arbitration and hereby
waive the right to litigate such claims, disputes and controversies in court upon
election of arbitration by either party. Therefore, you and Michelin agree that
all claims, disputes, and controversies between you and Michelin arising out
of or in connection with this limited warranty, or any other warranties, express
or implied, including a failure of warranty, or any claims arising out of or in
connection with the marketing, sale or performance of the purchased product,
including but not limited to claims for consumer fraud or brought under
any consumer protection statute, but excluding claims for personal injury or
property damage, shall be nally resolved solely by arbitration, upon election
by either party, according to the formal dispute resolution procedures then in
effect of the National Arbitration Forum, or if the National Arbitration Forum
is no longer conducting such arbitrations, a successor organization thereto or
such other private arbitration service as you and Michelin shall mutually agree (the
actual authority involved, the “Arbitral Body”). The Arbitral Body shall decide the
issues submitted in accordance herewith, provided that all substantive questions
of law will be determined under the laws of the State in which you purchased the
product at issue. You agree that no claim subject to arbitration shall be arbitrated
as a class action, or on a class-wide or representative basis, or on behalf of the
general public, or on behalf of other persons that may be similarly situated. You
agree that you do not have the right to act as a private attorney general, a class
representative, or to participate as a member of a class of claimants with any
claim subject to arbitration. You further agree that no claim subject to arbitration
shall be heard by a jury and that any judgment or award of the Arbitral Body will
be nal and not subject to judicial review. All arbitrations will be conducted as
document hearings. Each party shall bear its own costs arising from and associated
with the document hearing with the exception of the arbitrator’s fee which will be
borne by all parties in equal shares. If either party requests any procedures beyond
a document hearing, the requesting party will be responsible for all fees, including
ling and administrative fees, above and beyond the fees required for document
hearings. Any award of the arbitrator(s) may be entered as a judgment and shall
be enforceable in any court of competent jurisdiction. The arbitrators will have
no authority to award punitive or other damages not measured by the prevailing
party’s actual damages, except as may be required by statute. Information about
arbitration may be obtained and claims may be led at any ofce of the National
Arbitration Forum or at P.O. Box 50191, Minneapolis, MN 55405.
MICHELIN
®
PASSENGER AND LIGHT TRUCK TIRE LIMITED WARRANTY
75