Dell 5330dn Guía De Información Del Producto página 10

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Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES
THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or
relating to this agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this agreement, Dell's advertising, or any related purchase
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT
REGARD TO CONFLICTS OF LAW.
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Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT
AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees,
principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell")
arising from or relating to this Agreement, its interpretation, or the breach, termination or
validity thereof, the relationships which result from this Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not signatories to
this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect
(available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371).
In the event of any inconsistency or conflict between NAF Code of Procedure and this
Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute
or controversy between the customer and Dell. NEITHER THE CUSTOMER NOR DELL
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR
CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual
(non-class) nature of this dispute provision goes to the essence of the parties' arbitration
agreement, and if found unenforceable, the entire arbitration provision shall not be enforced.
This transaction involves interstate commerce, and this provision shall be governed by the
Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final
and binding on each of the parties, and may be entered as a judgment in any court of
competent jurisdiction. Dell will be responsible for paying any individual customer
arbitration fees. If any customer prevails on any claim that affords the prevailing party
attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award
reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may
be obtained and claims may be filed with the NAF at P .O. Box 50191, Minneapolis, MN
55405.
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Product Information Guide