For further information about this warranty,
contact Prizer-Painter Customer Service at [1-800-449-8691]
ARBITRATION CLAUSE
BlueStar® Cooking Appliances, BlueStar® Ventilation Hoods, Prizer Hoods® Ventilation Hoods and
Abbaka Ventilation Hoods and remote blowers
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT
AFFECTS YOUR LEGAL RIGHTS. YOU SHOULD ALSO CONSIDER CONSULTING WITH
OTHERS ABOUT ARBITRATION BECAUSE THE INFORMATION PROVIDED IS NOT
INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF
ARBITRATION.
1.
Parties: This arbitration clause affects your rights against Prizer-Painter Stove Works, Inc. and any of its
affiliates or employees or agents, successors, or assigns, all of whom together are referred to 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 a
Prizer-Painter Product, any warranty upon the unit, or the unit’s condition. The arbitrator(s) shall have the
exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute
including the power to determine the question of arbitrability including the scope or applicability of this
Arbitration Clause. The arbitration requirement applies to all claims including those arising out of 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, AND US AGAINST US, 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.
OPTING OUT OF THIS ARBITRATION CLAUSE: YOU MAY OPT OUT OF THIS
ARBITRATION CLAUSE WITHIN 60 DAYS OF WHEN WARRANTY COVERAGE BEGINS, IF YOU
INFORM PRIZER-PAINTER IN WRITING, VIA REGISTERED MAIL (SENT TO PRIZER-PAINTER
CONSUMER AFFAIRS ,
Prizer-Painter Stoveworks, 318 June Avenue Blandon, PA 19510-9566.
THAT YOU
ARE OPTING OUT
. Please also provide your name, address, product model and serial number and proof of
purchase. There is no other procedure to opt out. Opting out of this Arbitration Clause will not affect your other
rights under this warranty.
7.
Governing Law: The procedures and effect of the arbitration clause will be governed by the Federal
