Warranty
Rev.1/10/2017‐DocId#242134v8
may not consolidate more than one person's claims, and may not otherwise preside over any
form of any class or representative proceeding. If this specific paragraph is held unenforceable,
then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in
the preceding sentence, this "Dispute Resolution" section will survive any termination of this
Limited Warranty.
(b) Arbitration Rules and Governing Law. The arbitration will be administered by the
American Arbitration Association ("AAA") in accordance with the Construction Industry
Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute
Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the
AAA at 1-800-778-7879.) The U.S. Federal Arbitration Act will govern the interpretation and
enforcement of this Section.
(c) Arbitration Process. A party who desires to initiate arbitration must provide the
other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator
will be either a retired judge or an attorney and will be selected by the parties from the AAA’s
roster of Construction Industry arbitrators. If the parties are unable to agree upon an arbitrator
within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the
arbitrator in accordance with the AAA Rules.
(d) Arbitration Location and Procedure. Unless you and the Company otherwise
agree, the arbitration will be conducted in the county where you reside, or the closest county as
reasonably practicable. If your claim does not exceed $10,000, then the arbitration will be
conducted solely on the basis of documents you and the Company submit to the arbitrator, unless
you request a hearing or the arbitrator determines that a hearing is necessary. If your claim
exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the
AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information
by the parties, consistent with the expedited nature of the arbitration.
(e) Arbitrator’s Decision. The arbitrator will render an award within the time frame
specified in the AAA Rules. The arbitrator’s decision will include the essential findings and
conclusions upon which the arbitrator based the award. Judgment on the arbitration award may
be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be
consistent with the terms of the "Limitations on Remedies" section above as to the types and the
amounts of damages for which a party may be held liable. The arbitrator may award declaratory
or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief
warranted by the claimant’s individual claim. If you prevail in arbitration you may be entitled to
an award of attorneys’ fees and expenses, to the extent provided under applicable law. The
Company will not seek, and hereby waives all rights it may have under applicable law to recover,
attorneys’ fees and expenses if it prevails in arbitration.
(f) Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees
will be solely as set forth in the AAA Rules. However, if your claim for damages does not
exceed $50,000, the Company will pay all such fees unless the arbitrator finds that either the
substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was
brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)). If you choose to retain an attorney, the Company will not pay any part of your
attorney fees. Instead, each party will remain responsible for their own attorney fees, except to
the extent you are permitted under applicable law to recover your attorneys’ fees from the
Company.