Warranty Guide

6
TERMS AND CONDITIONS
DISPUTE RESOLUTION PROVISION
INVISTA and You agree that any controversy or claim arising
out of or relating to the purchase, installation or use of INVISTA
STAINMASTER
®
carpet products, including any claim for breach
of warranty (a “Dispute”), may be settled only by BINDING
ARBITRATION or in a small claims court, if the Dispute is within
the jurisdiction of the small claims court and there will be NO JURY
TRIAL. INVISTA and You agree that the American Arbitration
Association (AAA) shall administer any arbitration in accordance
with its Commercial Arbitration Rules and its Consumer-Related
Dispute Supplementary Procedures and incorporated fee schedule,
and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The parties intend
that the Dispute will be settled in individual (bi-lateral) and not
class arbitration, do not consent to the incorporation of the AAA
Supplementary Rules for Class Arbitration into the rules governing
arbitration under this Dispute Resolution Procedure, and hereby
waive any right to arbitrate a Dispute through representative or
class arbitration. The parties intend that the arbitrator decide all
issues of substantive arbitrability, including his/her own jurisdiction.
Law Governing Arbitration Provision The Dispute Resolution
Provision above establishing the arbitration process is governed by
the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16.
Information on the AAA and Arbitration Filing Requirements and
Fees: Information on the AAA and Arbitration Filing Requirements
and Fees: The website for the AAA may be accessed at www.adr.
org. The AAA Commercial Arbitration Rules and the Consumer
Arbitration Rules (with associated fee schedule) may be accessed
at https://www.adr.org/Rules. For more information on AAA
arbitration, contact: American Arbitration Association, Case Filing
Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
Toll Free number: 877-495-4185. Fax number: 877-304-8457. Email:
[e-mail].
WAIVER OF JURY TRIAL: INVISTA AND YOU UNCONDITIONALLY
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING
TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY
REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH
ARBITRATION, INVISTA AND YOU AGREE THAT THERE WILL NOT
BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT
YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND
RESOLVED IN COURT BY A JURY.