Warranty

Models: GMS8, GDS8, GHS8, GKS9, GMSS92, GCSS92
®
Part No. PWCFURNPD
6/2014
© 2014 Goodman Manufacturing Company, L.P.
LIMITED WARRANTY
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 this heating or air
conditioning unit, 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 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 OR WE AGAINST YOU, 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. Governing Law: For residents of the United States, the
procedures and effect of the arbitration will be governed
by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather
than by state law concerning arbitration. For residents of
Canada, the procedures and effect of the arbitration will
be governed by the applicable arbitration law of the
province in which you purchased your unit. The law
governing your substantive warranty rights and other
claims will be the law of the state or province in which
you purchased your unit. Any court having jurisdiction
may enter judgment on the arbitration award.
7. Rules of the Arbitration: If the amount in controversy is
less than $250,000, the arbitration will be decided by a
single arbitrator. If the amount in controversy is greater
than or equal to $250,000, the arbitration will be decided
by a panel of three arbitrators. The arbitrator(s) will be
chosen pursuant to the rules of the administering
arbitration organization. United States residents may
choose the American Arbitration Association (1633
Broadway, 10
th
Floor, New York, NY 10019, www.adr.org),
JAMS (1920 Main Street, Ste. 300, Irvine, CA 92614,
www.jamsadr.com), or, subject to our approval, any other
arbitration organization. In addition, Canadian residents
may choose the ADR Institute of Canada (234 Eglinton Ave.
East, Suite 405, Toronto, Ontario, M4P 1K5,
www.amic.org). These organizations’ rules can be
obtained by contacting the organization or visiting its
website. If the chosen 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.
8. Location of the Arbitration Hearing: Unless applicable law
provides otherwise, the arbitration hearing for United
States residents will be conducted in the federal judicial
district in which you reside or, for Canadian residents, in
the province in which you reside.
9. Costs of the Arbitration: Each party is responsible for its
own attorney, expert, and other fees unless applicable law
requires otherwise. Goodman 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 Goodman 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).