Use and Care

ARBITRATION CLAUSE

BlueStar® Cooking Appliances, BlueStar® Ventilation Hoods, Prizer Hoods® Ventilation Hoods and Abbaka Ventilation

Hoods and remote blowers

ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.

YOU SHOULD ALSO CONSIDER CONSULTING WITH OTHERS ABOUT ARBITRATION BECAUSE THE INFORMATION

PROVIDED IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.

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. The arbitrator(s) shall have the

exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute including the

power to determine the question of arbitrability including the scope or applicability of this Arbitration Clause. The

arbitration requirement applies to all claims including those arising out of 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, AND US AGAINST US, 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 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

WHEN WARRANTY COVERAGE BEGINS, IF YOU INFORM PRIZER-PAINTER IN WRITING, VIA REGISTERED MAIL (SENT TO

PRIZER-PAINTER CONSUMER AFFAIRS , Prizer-Painter Stoveworks, 318 June Avenue Blandon, PA 19510-9566. THAT YOU

ARE OPTING OUT. Please also provide your name, address, product model and serial number and proof of purchase.

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 substantive warranty rights and

other claims will be the law of the state in which you purchased your Prizer-Painter Product. Any court having jurisdiction

may enter judgment on the arbitration award.