NON-OWNER OCCUPIED RESIDENCE WARRANTY
Models: GSX13, GSX14, GSX16, GSZ14, GSZ16, GSXN3, GSXN4, GSXB4, GSXM4, GSZB4, GSZM4, GSXH5, GSZH5
For more information about the warranty, write to Homeowner Support, 19001 Kermier Road, Waller, Texas 77484. Units Located At Florida Residential Real Property A unit installed at a Florida Residential Real Property is deemed registered if a contractor licensed under part I of chapter 489 of the Florida Statutes (a) installs the new unit; and (b) provides Daikin with the date of the issuance of the certificate of occupancy for installations relating to new construction, or the serial number of the unit for installations ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS. 1. Parties : This arbitration clause affects your rights against Daikin Comfort Technologies North America, Inc. and any of its subsidiaries, including but not limited to Daikin Comfort Technologies Manufacturing, L.P., and its or their employees or agents, successors, or assigns, all of whom together are referred to below as “we” or “us” for ease of reference. 2. ARBITRATION REQUIREMENT : EXCEPT AS STATED BELOW, ANY DISPUTE BETWEEN YOU AND ANY OF US SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER THAN IN COURT OR BY JURY TRIAL . “Dispute” will be given the broadest possible meaning allowable by law. It includes any dispute, claim, or controversy arising from or relating to your purchase of this heating or air conditioning unit, any warranty upon the unit, or the unit’s condition. It also includes determination of the scope or applicability of this Arbitration Clause. The arbitration requirement applies to claims in contract and tort, pursuant to statute, or otherwise. 3. CLASS-ARBITRATION WAIVER : ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY relating to existing construction, as applicable. Where Can Any Legal Remedies Be Pursued? RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN ANY FORM, INCLUDING ANY CLASS ARBITRATION, OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
4. Discovery and Other Rights : Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit. This applies to both you and us. Other rights that you or we would have in court may not be available in arbitration. Please read this Arbitration Clause and consult the rules of the arbitration organizations listed below for more information. 5. SMALL CLAIMS COURT OPTION : YOU MAY CHOOSE TO LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT. 6. Governing Law: For residents of the United States, the procedures and effect of the arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather than by state law concerning arbitration. For residents of Canada, the procedures and effect of the arbitration will be governed by the applicable arbitration law of the province in which you purchased your unit. The law governing your substantive warranty rights and other claims will be the law of the state or province in which your unit was installed. Any court having jurisdiction may enter judgment on the arbitration award. 7. Rules of the Arbitration : If the amount in controversy is less than $250,000, the arbitration will be decided by a single arbitrator. If the amount in controversy is greater than or equal to $250,000, the arbitration will be decided by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose JAMS (1920 Main Street, Ste. 300, Irvine, CA 92614, www.jamsadr.com) or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (234 Eglinton Ave. East, Suite 405, Toronto, Ontario, M4P 1K5, www.amic.org). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties. 8. Location of the Arbitration Hearing : Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown
Part No. PWGACHPTTYURD 07/2023
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