ProTeam FreeFlex Battery 107500 Manual Del Proprietário página 10

L I M I T E D W A R R A N T Y
I N T R O D U C T I O N
tion may not apply to you.
This limited warranty gives you specific legal rights, and you may also have other rights which vary from State to
State.
This limited warranty is governed by the laws of the State of Missouri, U.S.A., without regard to conflicts of law
provisions.
Dispute Resolution
In the event of any dispute INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, CLAIMS BASED IN TORT, NEGLIGENCE, PRODUCT LIABILITY, FRAUD, MARKETING, STATE OR
FEDERAL REGULATIONS, ANY CLAIMS REGARDING THE ENFORCEABILITY OF THIS LIMITED WARRANTY, AND
THE WAIVER OF CLASS ACTION TRIALS between PROTEAM AND YOU, either party may choose to resolve the
dispute by binding arbitration, as described below, instead of in court. THIS MEANS IF EITHER PROTEAM OR
YOU CHOOSE BINDING ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM
IN COURT OR HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN BINDING ARBITRATION.
ProTeam and You agree that the proper venue if Arbitration is not so chosen by ProTeam OR You of all actions
arising in connection herewith shall be only in the state of Missouri and the parties agree to such jurisdiction.
No action, regardless of form, arising out of transactions relating to the agreement, may be brought by either
party more than two (2) years after the cause of action has accrued. The U.N. Convention on Contracts for
the International Sales of Goods shall not apply to this agreement.
Class Action Waiver
BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER PROTEAM OR YOU MAY
JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR AR-
BITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY.
Administration of Arbitration
The binding arbitration must be administered by the American Arbitration Association ("AAA") in accordance
with its Commercial Arbitration Rules and/or Supplementary Procedures for Consumer-Related Disputes (in-
cluding proceedings to mitigate costs of travel). This binding arbitration is governed by the Federal Arbitration
Act ("FAA") (9 USC §1, et. seq.) and will govern the interpretation and enforcement. The binding arbitration
shall be held at a location determined by AAA or at such other location as mutually agreed. In addition to the
terms stated above, the following will apply to the binding arbitration: (1) the arbitrator, and not any federal,
state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpreta-
tion, applicability, enforceability or formation of this agreement including any claim that all or any part of this
agreement is void or voidable; (2) the arbitrator shall apply Missouri law consistent with the FAA.
8 ProTeam Owner's Manual