One-year limited warranty, Arbitration agreement – Envion AP200 User Manual

Page 8

Advertising
background image

AP200

AP200

one-yeAr limited wArrAnty

ONE YEAR lIMITED WARRANTY
Your Allergy Pro™ air purifier is warranted to be free from defects in materials and workmanship
for one year from the original purchase date. Should the product have a defect in materials or
workmanship, we will repair or replace it without charge to you (a shipping and processing fee
will apply). To obtain service under warranty, simply call our customer service center toll-free at
800.875.8577.

This warranty does not cover damage caused by accident, misuse or any use other than as intended
and described in this product manual, or damage resulting from failure to maintain and clean this
product as specified in this product manual. This warranty applies only to the original purchaser of
the Allergy Pro™ air purifier.

All EXPRESS AND IMPlIED WARRANTIES FOR THIS PRODUCT, INClUDING IMPlIED WARRANTIES
OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR PURPOSE, ARE lIMITED IN DURATION
TO THE WARRANTY PERIOD, AND NO WARRANTIES, WHETHER EXPRESS OR IMPlIED, WIll APPlY
AFTER THIS PERIOD.

Some states do not allow limitations on the duration of implied warranties, so the above limitation
may not apply to you. While this warranty gives you specific legal rights, you may also have other
rights which may vary from state to state.

Contact Info for Warranty Service:
Allergy Pro

by Envion LLC

P.O. Box 9159 | Van Nuys, CA | 91409-8291
1.800.875.8577 | www.envionproducts.com

© 2012 Envion, LLC. All Rights Reserved. Patents pending.

The energy efficiency of this ENERGY STAR qualified
model is measured based on a ratio between the
model’s CADR for dust and the electrical energy it
consumes, or CADR/Watt.

ArbitrAtion Agreement

PlEASE READ THIS AGREEMENT CAREFUllY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE

PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE “PRODUCTS”) FOR MORE THAN THIRTY (30)

DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO

COMPANY WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FUll REFUND.

THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR lEGAl RIGHTS AND REMEDIES BY PROVIDING THAT

DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR SEllER OF THIS PRODUCT (COllECTIVElY,

“COMPANY”), MUST BE RESOlVED THROUGH BINDING ARBITRATION AND NOT IN COURT. IT AlSO PROVIDES THAT

ANY DISPUTE CANNOT BE RESOlVED IN A ClASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER

PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO ClASS OR REPRESENTATIVE ARBITRATIONS ARE

PERMITTED. PlEASE CAREFUllY READ All TERMS IN THIS AGREEMENT.

1. RESOlUTION OF ClAIMS OR DISPUTES.

Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising out of

or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This

arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether the

claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any

other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a

lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.

2. lIMITATION OF lEGAl REMEDIES.

All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an

arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement

specifically prohibits you and the Company from commencing arbitration proceedings as a representative of

others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or

representative actions of any type are permitted.

3. ARBITRATION PROCEDURES.

a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to

try to resolve the matter by calling 800.218.3560, although you are not required to do so.

b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the

expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist

on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and procedures are

available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or dispute

under this Agreement shall be conducted by an arbitrator who has at least five years of experience conducting

arbitrations.

c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or

the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the

arbitration proceeds in person, by telephone, or based only on submissions.

d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all

professional fees for the arbitrator’s services. The Company shall pay the fees and costs of its own counsel, experts

and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitration. Unless

otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of your own counsel,

experts and witnesses.

4. CHOICE OF lAW.

The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this Agreement

shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties acknowledge that

this Agreement involves a transaction conducted in interstate commerce. Otherwise, this Agreement and the rights

of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California,

exclusive of conflict or choice of law rules.

5. SEVERABIlITY.

If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be

ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision

and all other provisions shall remain fully enforceable.

by

12

13

Advertising