Warranty

OWNER NAME
ADDRESS OF INSTALLATION
CITY / STATE-PROVINCE / ZIP-POSTAL CODE
INSTALLER NAME
CITY / STATE-PROVINCE / ZIP-POSTAL CODE
PHONE # / FAX #
DISTRIBUTOR NAME
CITY / STATE-PROVINCE / ZIP-POSTAL CODE
PHONE # / FAX #
MODEL # & SERIAL #
INSTALLATION DATE
Commercial Warranty
Where Can Any Legal Remedies Be Pursued?
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION
CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.
1. Parties: This arbitration clause aects your rights against
MRCOOL and any of its aliates or employees or agents,
successors, or assigns, all of whom together are referred to
below 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 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 eect 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 eect 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, 10th 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.
Models: MGS80, MGH93, PG8, PG95
www.MrCool.com
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