Warranty

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This warranty limits the length of all express and implied claims. Some states do not
allow limitations on how long an implied warranty lasts, so this limitation may not
apply to you.
Tires presented for claim remain the property of the consumer, and we are not
responsible for loss of or damage to tires which are in the custody or control of a
Michelin tire retailer for the purpose of inspection for warranty claims. In the event
of a disputed claim, the consumer must make the tire available for further
inspection. Tires accepted for claim become the property of Michelin.
No Michelin representative, employee or retailer has the authority to make or imply
any representation, promise or agreement, which in any way varies the terms of
this warranty. These limited warranties apply only in the United States and Canada.
This warranty gives the user specific legal rights, and the user may also have other
rights which vary from state to state.
HOW DO I DISPUTE ISSUES CONCERNING THIS WARRANTY?
ALL CLAIMS ARISING FROM THIS LIMITED WARRANTY OR THE MARKETING, SALE
OR PERFORMANCE OF THE PURCHASED PRODUCT AGAINST MICHELIN NORTH
AMERICA, INC. AND ITS AGENTS, EMPLOYEES, DEALERS, AFFILIATES, PARENT
OR SISTER CORPORATIONS, RELATED CORPORATE ENTITIES, PREDECESSORS,
SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY “MICHELIN”) SHALL BE
SUBJECT TO BINDING ARBITRATION. You and Michelin acknowledge your and its
right to litigate claims, disputes and controversies arising out of or in connection with
this limited warranty or the marketing, sale or performance of the purchased product
in court, but prefer to resolve any such claims, disputes and controversies through
arbitration and hereby waive the right to litigate such claims, disputes and controversies
in court upon election of arbitration by either party. Therefore, you and Michelin agree
that all claims, disputes, and controversies between you and Michelin arising out of or
in connection with this limited warranty, or any other warranties, express or implied,
including a failure of warranty, or any claims arising out of or in connection with the
marketing, sale or performance of the purchased product, including but not limited
to claims for consumer fraud or brought under any consumer protection statute, but
excluding claims for personal injury or property damage, shall be finally resolved solely
by arbitration, upon election by either party, according to the formal dispute resolution
procedures then in effect of the National Arbitration Forum, or if the National Arbitration
Forum is no longer conducting such arbitrations, a successor organization thereto or
such other private arbitration service as you and Michelin shall mutually agree (the
actual authority involved, the “Arbitral Body”). The Arbitral Body shall decide the issues
submitted in accordance herewith, provided that all substantive questions of law will be
determined under the laws of the State in which you purchased the product at issue.
You agree that no claim subject to arbitration shall be arbitrated as a class action, or on
a class-wide or representative basis, or on behalf of the general public, or on behalf of
other persons that may be similarly situated. You agree that you do not have the right
to act as a private attorney general, a class representative, or to participate as a member
of a class of claimants with any claim subject to arbitration. You further agree that no
claim subject to arbitration shall be heard by a jury and that any judgment or award of
the Arbitral Body will be final and not subject to judicial review. All arbitrations will be
conducted as document hearings. Each party shall bear its own costs arising from and
associated with the document hearing with the exception of the arbitrator’s fee which
will be borne by all parties in equal shares. If either party requests any procedures beyond
a document hearing, the requesting party will be responsible for all fees, including filing
and administrative fees, above and beyond the fees required for document hearings.
Any award of the arbitrator(s) may be entered as a judgment and shall be enforceable
in any court of competent jurisdiction. The arbitrators will have no authority to award
punitive or other damages not measured by the prevailing party’s actual damages,
except as may be required by statute. Information about arbitration may be obtained
and claims may be filed at any office of the National Arbitration Forum or at P.O. Box
50191, Minneapolis, MN 55405.
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