Warranty Guide

PEBJ0106-02
Warranty (including the terms and conditions of this Consumer
Arbitration Clause), and will be administered by the AAA. The
AAA Rules and Forms are available online at 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 (844)-797-
6387. Outside the USA and Canada: Contact your Authorized
Service Representative www.cat.com/homeandoutdoorpower-
support or email [e-mail].
©2017 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