Publicité
Les langues disponibles
Les langues disponibles
Britax Child Safety, Inc.
Mill, South Carolina 29708. Your opt-out notice must include
your full name, address and/or e-mail address, the model and
serial numbers of the purchased product, a copy of your proof
of purchase, and a statement that you intend to opt out of
this Arbitration Agreement. If you do not opt out within thirty
(30) days of your purchase, then this Arbitration Agreement will
apply and you understand and agree that you are waiving your
right to maintain other available resolution processes, such as
a court action or administrative proceeding, to resolve your
dispute with Britax.
The arbitration will be conducted confidentially by a single
arbitrator and administered by the American Arbitration
Association ("AAA") under its Consumer Arbitration Rules most
recently in effect to the extent such rules and procedures do
not contradict the express terms of this Arbitration Agreement.
To learn more about the rules and how to begin an arbitration,
you may call any AAA office or go to www.adr.org. If you
demand arbitration, then at your request Britax will advance
your portion of the expenses associated with the arbitration,
including the filing, administrative, hearing and arbitrator's fees
("Arbitration Fees") to the extent such Arbitration Fees exceed
$200. If Britax demands arbitration, then at your request Britax
will advance your portion of the Arbitration Fees. For claims
of $10,000 or less, you can choose whether you would like
the arbitration carried out based only on documents submitted
to the arbitrator or by a hearing in person or by telephone.
The arbitration hearing will be conducted in the county of your
residence, within 30 miles of such county, or in such place as
shall be ordered by the arbitrator. Throughout the arbitration,
each party shall bear his, her or its own attorneys' fees and
expenses, including any witness and expert witness fees. The
arbitrator shall apply applicable substantive law consistent with
the FAA, shall apply statutes of limitation, and shall honor claims
of privilege recognized at law. The arbitrator shall decide, with
or without a hearing, any motion that is substantially similar to
a motion to dismiss for failure to state a claim or a motion for
summary judgment. In conducting the arbitration proceeding,
the arbitrator shall not apply any federal or state rules of civil
procedure or evidence. The arbitrator shall not consolidate the
claims of multiple parties unless you and Britax agree to do so.
At the timely request of any party, the arbitrator shall provide a
written explanation for the award. The arbitrator's award may
be filed with any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW
CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA
RULES OR PROCEDURES WOULD. IN OTHER WORDS, YOU
AND BRITAX EACH AGREE THAT ALL DISPUTES SHALL
BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE
ANY RIGHT TO PROCEED IN A CLASS, CONSOLIDATED,
OR REPRESENTATIVE FASHION. THE ARBITRATOR MAY
AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR
OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY
TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF
LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED
IN ANY ARBITRATION CONDUCTED PURSUANT TO THIS
ARBITRATION AGREEMENT.
46
Publicité
