2009 Mercury Mariner Tire Warranty 2nd Printing - Page 42

2009 Mercury Mariner Manual

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ARBITRATION CLAUSE RESOLUTION OF DISPUTES 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 ЉMICHELINЉ) 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 arisingout 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 40

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ARBITRATION CLAUSE
RESOLUTION OF DISPUTES
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
²
MICHELIN
²
) 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
arisingout 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
40