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Rotorazer Platinum Manual

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1615
ONE YEAR WARRANTY ARBITRATION AGREEMENT
Your Rotorazer Saw® Platinum is warranted to be free from manufacturing 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 800.220.7975.
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 Rotorazer Saw® Platinum.
ALL EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY 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:
RotoRazer, LLC
PO BOX 9169
Van Nuys, CA 91409
800.220.7975
www.buyrotorazer.com
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.
9


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