2010 Ford F150 Regular Cab Tire Warranty 1st Printing - Page 33

2010 Ford F150 Regular Cab Manual

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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 North America, Inc. shall mutually agree (the actual authority involved, the ЉArbitral BodyЉ). 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 arbritration 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. 31

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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 North America, Inc.
shall mutually agree (the actual authority involved, the
²
Arbitral Body
²
).
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 arbritration 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.
31