User's Manual
35
LIMITED WARRANTY
4. CLAIMS PROCEDURE:
The Customer shall make a claim by written notice to the Company through the contact information listed
on its website at www.baro.com or by contacting the Company through the telephone number listed on
the website. Any telephone conversations will be recorded. The Company will issue a designated claim
number for each claim made. The Customer may be contacted by an authorized warranty service represen-
tative to arrange a date for an inspection of the Product. This inspection shall be in the presence of the Cus-
tomer. The Product that is the subject of the claim shall be made available by the Customer together with
complete standard equipment and the documents conrming the Product’s purchase. Covered defects (as
determined by the Company or its authorized service representative) found during the limited warranty
period shall be remedied within thirty (30) days from the date of inspection or the date the Product is
delivered to the Company or its authorized service representative, whichever is later. The limited warranty
period shall be extended by the time that the Product is in the possession of the authorized service repre-
sentative or the Company.
Remember: before you submit a warranty claim, contact our technical support using telephone or e-mail.
More than 50% of operational problems is resolved remotely, saving time and money spent to initiating
claim procedure.
5. GOVERNING LAW AND BINDING ARBITRATION:
Please read this section carefully. It aects customers’ rights and will have a substantial impact on how
claims the company and the customer have against each other are resolved. This limited warranty contains
a binding arbitration provision which may be enforced by the parties.
The Company and the Customer agree that any claim or dispute at law or equity that has arisen or may
arise between them relating in any way to or arising out of this limited warranty or the Products will be
resolved in accordance with the provisions set forth in this Section.
A. Applicable Law. The Customer and the Company agree that, except to the extent inconsistent with
or preempted by federal law, the laws of the State of Illinois, without regard to principles of conict of
laws, will govern the limited warranty and Products and any claim or dispute that has arisen or may arise
between the Company and the Customer, except as otherwise stated herein. The Federal Arbitration Act
governs the interpretation and enforcement of this Section 5. The U.N. Convention on Contracts for the
International Sales of Goods shall not apply.
B. Agreement to Arbitrate. The Company and the Customer each agree that any and all disputes or
claims that have arisen or may arise between them relating to or arising out of this limited warranty or
the Products shall be resolved exclusively through nal and binding arbitration, rather than in a court
proceeding. Alternatively, the Customer may assert his/her claims in small claims court, if the claims qualify
and so long as the matter remains in such court and advances only on an individual (non-class, non-rep-
resentative) basis.
The Company and the Customer agree that each of them may bring claims against the other only on an
individual basis and not as a plainti or class member in any purported class or representative action or
proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join
more than one person’s claims and many not otherwise preside over any form of a consolidated, represen-
tative, or class proceeding.
C. Opt-Out. The Customer may opt-out of this agreement to arbitrate by sending the Company a writ-
ten opt-out notice, via certied mail and postmarked no later than 30 days after the date of purchase of
the Product. The opt-out notice must include the Customer’s name and address, the serial number of the
Product purchased, and the date and location of the purchase. All other parts of this limited warranty will
still apply.
D. Procedures. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration
Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, whichever as
applicable. JAMS’ rules are available at www.jamsadr.com. The use of the word “arbitrator” in this provision
shall not be construed to prohibit more than one arbitrator from presiding over the arbitration; rather, the
JAMS’ rules will govern the number of arbitrators that may preside over an arbitration. The Customer will
have a reasonable opportunity to participate in the selection of the arbitrator.
A Customer who intends to seek arbitration must rst make a written claim against the Company pursuant
to Section 4. If the Customer and the Company are unable to resolve the claim within thirty (30) days from
the date of the notice, the Company or the Customer may initiate arbitration proceedings. A form for ini-
tiating arbitration proceedings is available on JAMS’ website. In addition to ling the form with JAMS, the
party initiating the arbitration must mail a copy of the completed form to the other party. In the event the
Company initiates arbitration against a Customer, it will send a copy of the completed form to the physical
address the Company has on le for the Customer.
The arbitration hearing shall be held in the county in which the Customer resides or at another mutually
agreed location.
Arbitration uses a neutral arbitrator instead of a judge or jury. Discovery or the exchange of non-privileged
information will be allowed pursuant to JAMS’ rules. The arbitrator will decide the substance of all claims
in accordance with applicable law, including recognized principles of equity, and will honor all claims of
privilege recognized by law. An arbitrator can award the same damages and relief on an individual basis
that a court can award to an individual. The arbitrator’s award shall be nal and binding and judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. An award
will consist of a written statement stating the disposition of each claim, and will include a concise written
statement of the essential ndings and conclusions on which the award is based.