Buyer’s Rights and Responsibilities. 1. Xxxxx acknowledges and agrees that it is Xxxxx’s obligation and responsibility to read and comply with the Contractor Repair Act, this Agreement and the Limited Warranty Agreement, and to consult with Xxxxx’s own legal and other advisors in the event that Buyer desires to commence a legal action for a Dispute. 2. Buyer shall have the right, for a period of thirty (30) days after the date of this Agreement, to elect not to participate in: (i) the arbitration provisions set forth in Article III, Section I.5 of this Agreement (the “Arbitration Provisions”); and/or (ii) the Class Action Waiver set forth in Article III, Section I.6 of this Agreement. By electing not to participate in either the Arbitration Provisions and/or the Class Action Waiver, this means that the Arbitration Provisions and/or the Class Action Waiver would not apply to Buyer with respect to a Dispute. In order to elect not to participate in the Arbitration Provisions and/or the Class Action Waiver, Buyer must deliver or mail to Seller, on or before thirty (30) days after the date of this Agreement, written notice of Xxxxx’s election pursuant to the notice provisions contained in Article V, Section I.2 hereof. Buyer may obtain a form from Seller for the election. Buyer shall not rely upon any representations by Seller or its representatives, but instead shall consult with Xxxxx’s own legal or other advisors, in making a decision on whether or not to elect not to participate in the Arbitration Provisions and/or the Class Action Waiver. If Buyer does not deliver a timely written notice to Seller as provided in this section, Buyer and Seller shall be subject to and shall abide by the terms and provisions of the Arbitration Provisions and the Class Action Waiver. Buyer's initials
Appears in 2 contracts
Samples: Sales Agreement, Sales Agreement
Buyer’s Rights and Responsibilities. 1. Xxxxx acknowledges and agrees that it is Xxxxx’s obligation and responsibility to read and comply with the Contractor Repair Act, this Agreement and the Limited Warranty Agreement, and to consult with Xxxxx’s own legal and other advisors in the event that Buyer desires to commence a legal action for a Dispute.
2. Buyer shall have the right, for a period of thirty (30) days after the date of this Agreement, to elect not to participate in: :
(i) the arbitration provisions set forth in Article III, Section I.5 of this Agreement (the “Arbitration Provisions”); and/or (ii) the Class Action Waiver set forth in Article III, Section I.6 of this Agreement. By electing not to participate in either the Arbitration Provisions and/or the Class Action Waiver, this means that the Arbitration Provisions and/or the Class Action Waiver would not apply to Buyer with respect to a Dispute. In order to elect not to participate in the Arbitration Provisions and/or the Class Action Waiver, Buyer must deliver or mail to Seller, on or before thirty (30) days after the date of this Agreement, written notice of Xxxxx’s election pursuant to the notice provisions contained in Article V, Section I.2 hereof. Buyer may obtain a form from Seller for the election. Buyer shall not rely upon any representations by Seller or its representatives, but instead shall consult with Xxxxx’s own legal or other advisors, in making a decision on whether or not to elect not to participate in the Arbitration Provisions and/or the Class Action Waiver. If Buyer does not deliver a timely written notice to Seller as provided in this section, Buyer and Seller shall be subject to and shall abide by the terms and provisions of the Arbitration Provisions and the Class Action Waiver. Buyer's initialsBy initialing here, and notwithstanding the generality of any other provision in this Agreement, Xxxxx confirms that Xxxxx has read and understands the terms and provisions of Sections I and J of Article III. Xxxxx further confirms that Xxxxx has been given an opportunity to have Xxxxx’s own legal or other advisors review this section, before the signing of this Agreement.
Appears in 1 contract
Samples: Sales Agreement
Buyer’s Rights and Responsibilities. 1. Xxxxx acknowledges and agrees that it is Xxxxx’s obligation and responsibility to read and comply with the Contractor Repair Act, this Agreement and the Limited Warranty Agreement, and to consult with Xxxxx’s own legal and other advisors in the event that Buyer desires to commence a legal action for a Dispute.
2. Buyer shall have the right, for a period of thirty (30) days after the date of this Agreement, to elect not to participate in: (i) the arbitration provisions set forth in Article III, Section I.5 of this Agreement (the “Arbitration Provisions”); and/or (ii) the Class Action Waiver set forth in Article III, Section I.6 of this Agreement. By electing not to participate in either the Arbitration Provisions and/or the Class Action Waiver, this means that the Arbitration Provisions and/or the Class Action Waiver would not apply to Buyer with respect to a Dispute. In order to elect not to participate in the Arbitration Provisions and/or the Class Action Waiver, Buyer must deliver or mail to Seller, on or before thirty (30) days after the date of this Agreement, written notice of Xxxxx’s election pursuant to the notice provisions contained in Article V, Section I.2 hereof. Buyer may obtain a form from Seller for the election. Buyer shall not rely upon any representations by Seller or its representatives, but instead shall consult with Xxxxx’s own legal or other advisors, in making a decision on whether or not to elect not to participate in the Arbitration Provisions and/or the Class Action Waiver. If Buyer does not deliver a timely written notice to Seller as provided in this section, Buyer and Seller shall be subject to and shall abide by the terms and provisions of the Arbitration Provisions and the Class Action Waiver. Buyer's initialsinitials K. Special Conditions.
Appears in 1 contract
Samples: Sales Agreement