User's Manual

Doc. No.: A20480691 Rev.: B ECO: 11970 Date: 03/11/16
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4. Governing Law and Arbitration
A. This General Product Warranty Statement, and all questions arising out of or relating to it, shall be governed by
and construed in accordance with the laws of the State of New Hampshire, without giving effect to the conflict of laws
provisions thereof, and excluding the United Nations Convention on contracts for the international sale of goods, the
1974 convention on the limitation period on the international sale of goods (the “1974 convention”), and the protocol
amending the 1974 convention, done at Vienna April 11, 1980.
B. Any dispute, controversy or claim arising out of or relating to this general product warranty statement shall be
resolved by arbitration. Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator
selected by the parties or, if they cannot agree, by a single arbitrator selected in accordance with the commercial arbitration
rules of the American Arbitration Association without regard to the amount in dispute. The arbitration shall be conducted
in English, in accordance with the commercial arbitration rules of the American Arbitration Association, in Concord, New
Hampshire. The decision of the arbitrator shall be binding and enforceable by any state or federal court in New
Hampshire, and you hereby consent to the personal jurisdiction of any state or federal court in New Hampshire for that
purpose. The expense of the arbitration (excluding each side’s own attorneys' fees, costs, and related expenses) shall
initially be paid in equal shares by each side, but the total of such expenses plus any award of attorneys' fees, cost and
expenses shall finally be paid by the parties as the arbitrator determines. Nothing in this section 4.b shall preclude Secure
Care from seeking provisional or equitable relief from any appropriate court to protect its rights prior to, pending or in
the absence of such arbitration proceedings.
5. Severability
The invalidity or unenforceability of any provision of this General Product Warranty Statement shall not affect the validity
or enforceability of any other provision hereof.
No term or condition of this General Product Warranty Statement may be waived except in writing signed by Secure Care.
A waiver on one or more occasions of any term or condition of this General Product Warranty Statement shall not
constitute or be deemed to be a waiver of such term or condition on any other occasion. No delay or failure of Secure
Care to exercise any right or remedy under this General Product Warranty Statement will operate as a waiver thereof; no
failure to enforce or insist upon compliance with any provision of this General Product Warranty Statement on any one
occasion shall be deemed to be a waiver of Secure Care's right to do so on another occasion; and no course of dealing will
constitute a waiver, alteration, limitation or expansion of any of the parties' rights and obligations under this General
Product Warranty Statement.
Revised 01/22/14