Warranty

INCLUDING BUT NOT LIMITED TO EXTRA UTILITY EXPENSES,
SHIPPING COSTS RELATED TO REPAIR OR REPLACEMENT OF ANY
PRODUCT OR DAMAGES TO PROPERTY, RESULTING FROM BREACH
OF THIS WARRANTY OR ANY IMPLIED WARRANTY. Some states
and provinces do not allow the exclusion or limitation of incidental
or consequential damages, so this provision may not apply to you.
This Limited Warranty gives you specific legal rights, and you may
also have other rights that may vary from state to state or province
to province.
Where Can Any Legal Remedies Be Pursued? Please read carefully
the Arbitration Clause and its Provisions, which affect your legal
rights. The Arbitration Clause is also available on Prizer-Painter’s
website.
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS
ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.
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. It also includes
determination of the scope or applicability of this Arbitration Clause.
The arbitration requirement applies to claims in contract and tort,
pursuant to statue, or otherwise.
3. CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED ON
AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU
EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU
MAY HAVE AGAINST US, OR AS A PRIVATE ATTORNEY GENERAL OR
IN ANY OTHER REPRESENTATIVE CAPACITY. YOU 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
PURCHASE, IF YOU INFORM PRIZER-PAINTER IN WRITING, VIA
REGISTERED MAIL (PRIZER-PAINTER, 318 June Ave., Blandon, PA
19510) THAT YOU ARE OPTING OUT. There is no other procedure
to opt out. Opting out of this Arbitration Clause will not affect your
other rights under this warranty.
7. Governing Law: The procedures and effect of the arbitration
clause will be governed by the Federal Arbitration Act (9 U.S.C. § 1
et seq.) rather than by state law concerning arbitration. The law
governing your warranty rights or other claims will be the law of the
state in which you purchased your Product. Any court having
jurisdiction may enter judgment on the arbitration award.
8. Rules of the Arbitration: If the amount in controversy is less than
$50,000, the arbitration will be decided by a single arbitrator. If the
amount in controversy is greater than or equal to $50,000, the
arbitration will be decided by a panel of three arbitrators. The
arbitrator(s) will be chosen pursuant to the rules of the organization
that administers the arbitration. You may choose either of the
following arbitration organizations, and its applicable rules: the
American Arbitration Association, 1633 Broadway, 10th Floor, New
York, NY 10019 (www.adr.org); JAMS, 1920 Main Street, Ste. 300,
Irvine, CA 92614 (www.jamsadr.com); or other organization that
you may choose subject to our approval. These organizations’ rules
can be obtained by contacting or visiting the organization’s website.
If the 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.
9. Location of the Arbitration Hearing: Unless applicable law
provides otherwise, the arbitration hearing will be conducted in the
federal district in which you reside.
10. Costs of the Arbitration: Each party is responsible for its own
attorney, expert and other fees, unless awarded by the arbitrator(s)
under applicable law. Prizer-Painter 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 Prizer-Painter 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).
11. Survival and Enforceability of this Arbitration Clause: This
Arbitration Clause shall survive the expiration or termination, or any
transfer, of the warranty on your unit. If any part of this Arbitration
Clause, except waivers of class-action rights, is found to be
unenforceable for any reason, the remainder shall remain
enforceable. If, in a case in which class-action allegations have been,
a waiver of class-action rights is found to be unenforceable with
respect to all or some parts of a dispute, the remainder of this
Arbitration Clause shall be unenforceable as those parts. Instead,
those parts will be severed and proceed in court, with the remaining
parts proceeding in arbitration.
Name of Owner:_________________________________________
Address of
Installation:_____________________________________________
City/State-Province/Zip-Postal Code:__________________________
Phone #:________________________________________________
Model #:________________Serial #:__________________________
Installation Date: _________________________________________