Appears in 2 contracts

Samples: Extended Service Agreement, apps.goodmanmfg.com

IN SMALL CLAIMS COURT. 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, except in Oregon and Wisconsin, where state law will govern. 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 Xxxxxxx unit. The law governing your substantive warranty rights will be determined in accordance with the terms and conditions of this Agreement. Venue: Arbitration will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Costs: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Obligor will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Obligor for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s). Rules of the Arbitration: The arbitration will be decided by a single arbitrator. The arbitrator will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX ~~00000,xxx.xxx.xxx~~00000, xxx.xxx.xxx), JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X ~~0X0,xxx.xxxx.xxx~~0X0, xxx.xxxx.xxx). 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. Location: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal district in which you reside or, for ~~Canadian~~ Cana- dian residents, in the province in which you reside. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the expiration or termination, or any transfer, of the Agreement. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the Agreement shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this Agreement is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. CONSUMER ASSISTANCE - All inquiries regarding the Agreement, including claims for payment upon failure of Obligor to pay claims within 60 days after the claim has been filed with the Obligor, should be addressed to Consumer Affairs at (000) 000-0000, or ~~xxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx~~xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. ALABAMA & WASHINGTON ~~ONLY~~ONLY – In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions in Owner’s state to arrange for repairs. FLORIDA ONLY – Rates are not subject to regulation by the Office of Insurance Regulation. GEORGIA ONLY – THIS IS NOT A CONTRACT OF INSURANCE. If Owner resides in a condominium that is attached to two (2) or more units, the Obligor under this Agreement is Xxxxxxx Manufacturing Company, LP, located at ~~00000 Xxxxxxx Xx.~~0000 Xxxxxxxx Xxx, ~~Xxxxxx~~Xxxxxxx, XX, 00000. Obligor will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amount due under this Agreement. Obligor will mail Owner a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least ~~thirty~~thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Nothing contained in any provision elsewhere in this Agree- ment will affect your right to make a claim directly against Obligor if we fail to pay any valid claim within sixty (60) days. GEORGIA AND KENTUCKY ONLY - Obligor’s performance under this Agreement is assured by a performance bond issued by Westchester Fire Insurance Company, located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000. The Owner of this Agreement shall be entitled to make a direct claim against the insurer upon the failure of the Obligor to pay any claim within 60 days after the claim has been filed with the Obligor. MINNESOTA ONLY – In the event of cancellation of this Agreement by us in accordance with the “Cancellation” provision above, Minnesota Residents will receive five (5) days prior written notice of cancellation. NEVADA ONLY – Service calls should be directed to your Authorized Service Provider at the number listed on the face of this Agreement or Consumer Affairs at (000) 000-0000 for assistance in locating an Authorized Service Provider. If your Authorized Service Provider is unavailable and emergency service is required due to the loss of heating or cooling which renders the dwelling uninhabitable, call (000) 000-0000 to report a claim. In the event of emergency service, claim repairs will commence within 24 hours after the report of the claim. In the event an emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, and the Authorized Service Provider determines that the repairs cannot practicably be completed within three (3) calendar days after the receipt of the claim, then the Authorized Service Provider will provide a status report to the holder no later than three (3) calendar days after the report of the claim. Cancellation of this Agreement will not become effective until at least 15 days after the notice of cancellation is mailed to the Owner. NEW HAMPSHIRE ONLY – In the event you do not receive satisfaction under this Agreement, you may contact the New Hampshire insurance department, 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 00, Xxxxxxx, X.X. 03301; telephone 0-000-000-0000; e-mail xxxxxxxxxxxxxxxxx@xxx.xx.xxx. OKLAHOMA ONLY – This service warranty is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company. This is not an insurance contract. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. OREGON ONLY - Arbitration is only binding if elected by mutual agreement at the time a Dispute arises. You have the option to litigate any dispute between You and Us in court. SOUTH CAROLINA ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the South Carolina Department of Insurance, P.O Box 100105, Columbia, South Carolina 29202-3105 or (000) 000-0000. TEXAS ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the Texas Department of Licensing & Regulation at P.O Box 12157 Austin, Texas 78711 or (000) 000-0000. VIRGINIA ONLY – If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at xxx.xxxxx.xxxxxxxx.xxx/xxxx-xxxxxxxx-xxxxxxx-xxxxxxxxxxxxxxxxx.xxxxx to file a complaint. WASHINGTON ONLY– In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions of Washington law to arrange for repairs. Any civil actions and/or arbitration proceedings arising from disputes under the terms and conditions of the Agreement are subject to the general jurisdiction of the courts in the State of Washington. WISCONSIN ONLY – THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation of this agreement, obligor will mail a written notice to the agreement owner at the last known address of the agreement owner contained in the records of the obligor at least five (5) days prior to cancellation by the obligor. Such notice shall state the effective date of the cancellation and the reason for the cancellation per the written agreement. Any arbitration proceedings shall be conducted within the state of Wyoming. You have the option to litigate Disputes between You and Us in court. In the event of cancellation of this Agreement, Obligor will mail a written notice to the Owner at the last known address of the Owner contained in the records of the provider at least (10) days prior to cancellation by the Obligor. Prior notice is not required if the reason for cancellation is non- payment of the provider fee, a material misrepresentation by the Owner to the Obligor, or a substantial breach of duties by the Owner relating to the covered product or its use.

Appears in 2 contracts

Samples: Extended Service Agreement, Extended Service Agreement

IN SMALL CLAIMS COURT. 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, except in Oregon and Wisconsin, where state law will govern. 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 ~~Xxxxxxx~~ Goodman unit. The law governing your substantive warranty rights will be determined in accordance with the terms and conditions of this Agreement. Venue: Arbitration will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Costs: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Obligor will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Obligor for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s). Rules of the Arbitration: The arbitration will be decided by a single arbitrator. The arbitrator will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX ~~00000,xxx.xxx.xxx~~00000, xxx.xxx.xxx), JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X ~~0X0,xxx.xxxx.xxx~~0X0, xxx.xxxx.xxx). 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. Location: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal district in which you reside or, for ~~Canadian~~ Cana- dian residents, in the province in which you reside. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the expiration or termination, or any transfer, of the Agreement. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the Agreement shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this Agreement is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. CONSUMER ASSISTANCE - All inquiries regarding the Agreement, including claims for payment upon failure of Obligor to pay claims within 60 days after the claim has been filed with the Obligor, should be addressed to Consumer Affairs at (000) 000-0000, or ~~xxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx~~xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. ALABAMA & WASHINGTON ~~ONLY~~ONLY – In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions in Owner’s state to arrange for repairs. FLORIDA ONLY – Rates are not subject to regulation by the Office of Insurance Regulation. GEORGIA ONLY – THIS IS NOT A CONTRACT OF INSURANCE. If Owner resides in a condominium that is attached to two (2) or more units, the Obligor under this Agreement is Xxxxxxx Manufacturing Company, LP, located at ~~00000 Xxxxxxx Xx.~~0000 Xxxxxxxx Xxx, ~~Xxxxxx~~Xxxxxxx, XX, 00000. Obligor will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amount due under this Agreement. Obligor will mail Owner a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least ~~thirty~~thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Nothing contained in any provision elsewhere in this Agree- ment will affect your right to make a claim directly against Obligor if we fail to pay any valid claim within sixty (60) days. GEORGIA AND KENTUCKY ONLY - Obligor’s performance under this Agreement is assured by a performance bond issued by Westchester Fire Insurance Company, located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000. The Owner of this Agreement shall be entitled to make a direct claim against the insurer upon the failure of the Obligor to pay any claim within 60 days after the claim has been filed with the Obligor. MINNESOTA ONLY – In the event of cancellation of this Agreement by us in accordance with the “Cancellation” provision above, Minnesota Residents will receive five (5) days prior written notice of cancellation. NEVADA ONLY – Service calls should be directed to your Authorized Service Provider at the number listed on the face of this Agreement or Consumer Affairs at (000) 000-0000 for assistance in locating an Authorized Service Provider. If your Authorized Service Provider is unavailable and emergency service is required due to the loss of heating or cooling which renders the dwelling uninhabitable, call (000) 000-0000 to report a claim. In the event of emergency service, claim repairs will commence within 24 hours after the report of the claim. In the event an emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, and the Authorized Service Provider determines that the repairs cannot practicably be completed within three (3) calendar days after the receipt of the claim, then the Authorized Service Provider will provide a status report to the holder no later than three (3) calendar days after the report of the claim. Cancellation of this Agreement will not become effective until at least 15 days after the notice of cancellation is mailed to the Owner. NEW HAMPSHIRE ONLY – In the event you do not receive satisfaction under this Agreement, you may contact the New Hampshire insurance department, 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 00, Xxxxxxx, X.X. 03301; telephone 0-000-000-0000; e-mail xxxxxxxxxxxxxxxxx@xxx.xx.xxx. OKLAHOMA ONLY – This service warranty is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company. This is not an insurance contract. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. OREGON ONLY - Arbitration is only binding if elected by mutual agreement at the time a Dispute arises. You have the option to litigate any dispute between You and Us in court. SOUTH CAROLINA ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the South Carolina Department of Insurance, P.O Box 100105, Columbia, South Carolina 29202-3105 or (000) 000-0000. TEXAS ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the Texas Department of Licensing & Regulation at P.O Box 12157 Austin, Texas 78711 or (000) 000-0000. VIRGINIA ONLY – If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at xxx.xxxxx.xxxxxxxx.xxx/xxxx-xxxxxxxx-xxxxxxx-xxxxxxxxxxxxxxxxx.xxxxx to file a complaint. WASHINGTON ONLY– In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions of Washington law to arrange for repairs. Any civil actions and/or arbitration proceedings arising from disputes under the terms and conditions of the Agreement are subject to the general jurisdiction of the courts in the State of Washington. WISCONSIN ONLY – THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation of this agreement, obligor will mail a written notice to the agreement owner at the last known address of the agreement owner contained in the records of the obligor at least five (5) days prior to cancellation by the obligor. Such notice shall state the effective date of the cancellation and the reason for the cancellation per the written agreement. Any arbitration proceedings shall be conducted within the state of Wyoming. You have the option to litigate Disputes between You and Us in court. In the event of cancellation of this Agreement, Obligor will mail a written notice to the Owner at the last known address of the Owner contained in the records of the provider at least (10) days prior to cancellation by the Obligor. Prior notice is not required if the reason for cancellation is non- payment of the provider fee, a material misrepresentation by the Owner to the Obligor, or a substantial breach of duties by the Owner relating to the covered product or its use.

Appears in 1 contract

Samples: Extended Service Agreement

IN SMALL CLAIMS COURT. 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, except in Oregon and Wisconsin, where state law will govern. 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 ~~Xxxxxxx~~ Daikin unit. The law governing your substantive warranty rights will be determined in accordance with the terms and conditions of this Agreement. Venue: Arbitration will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Costs: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Obligor will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Obligor for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s). Rules of the Arbitration: The arbitration will be decided by a single arbitrator. The arbitrator will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX ~~00000,xxx.xxx.xxx~~00000, xxx.xxx.xxx), JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X ~~0X0,xxx.xxxx.xxx~~0X0, xxx.xxxx.xxx). 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. Location: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the expiration or termination, or any transfer, of the Agreement. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the Agreement shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this Agreement is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. CONSUMER ASSISTANCE - All inquiries regarding the Agreement, including claims for payment upon failure of Obligor to pay claims within 60 days after the claim has been filed with the Obligor, should be addressed to Consumer Affairs at (000) 000-0000, or ~~xxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx~~consumeraffairs@ xxxxxxxxxxxxx.xxx. ALABAMA & WASHINGTON ~~ONLY~~ONLY – In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions in Owner’s state to arrange for repairs. FLORIDA ONLY – Rates are not subject to regulation by the Office of Insurance Regulation. GEORGIA ONLY – THIS IS NOT A CONTRACT OF INSURANCE. If Owner resides in a condominium that is attached to two (2) or more units, the Obligor under this Agreement is Xxxxxxx Manufacturing Company, LP, located at ~~00000 Xxxxxxx Xx.~~0000 Xxxxxxxx Xxx, ~~Xxxxxx~~Xxxxxxx, XX, 00000. Obligor will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amount due under this Agreement. Obligor will mail Owner a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least ~~thirty~~thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Nothing contained in any provision elsewhere in this Agreement will affect your right to make a claim directly against Obligor if we fail to pay any valid claim within sixty (60) days. GEORGIA AND KENTUCKY ONLY - Obligor’s performance under this Agreement is assured by a performance bond issued by Westchester Fire Insurance Company, located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000. The Owner of this Agreement shall be entitled to make a direct claim against the insurer upon the failure of the Obligor to pay any claim within 60 days after the claim has been filed with the Obligor. MINNESOTA ONLY – In the event of cancellation of this Agreement by us in accordance with the “Cancellation” provision above, Minnesota Residents will receive five (5) days prior written notice of cancellation. NEVADA ONLY – Service calls should be directed to your Authorized Service Provider at the number listed on the face of this Agreement or Daikin North America Consumer Affairs at (000) 000-0000 for assistance in locating an Authorized Service Provider. If your Authorized Service Provider is unavailable and emergency service is required due to the loss of heating or cooling which renders the dwelling uninhabitable, call (000) 000-0000 to report a claim. In the event of emergency service, claim repairs will commence within 24 hours after the report of the claim. In the event an emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, and the Authorized Service Provider determines that the repairs cannot practicably be completed within three (3) calender days after the receipt of the claim, then the Authorized Service Provider will provide a status report to the holder no later than three (3) calender days after the report of the claim. Cancellation of this Agreement will not become effective until at least 15 days after the notice of cancellation is mailed to the Owner. NEW HAMPSHIRE ONLY – In the event you do not receive satisfaction under this Agreement, you may contact the New Hampshire insurance department, 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 00, Xxxxxxx, X.X. 03301; telephone 0-000-000-0000; e-mail xxxxxxxxxxxxxxxxx@xxx.xx.xxx. OKLAHOMA ONLY – This service warranty is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company. This is not an insurance contract. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. OREGON ONLY - Arbitration is only binding if elected by mutual agreement at the time a Dispute arises. You have the option to litigate any dispute between You and Us in court. SOUTH CAROLINA ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the South Carolina Department of Insurance, P.O Box 100105, Columbia, South Carolina 29202-3105 or (000) 000-0000. TEXAS ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the Texas Department of Licensing & Regulation at P.O Box 12157 Austin, Texas 78711 or (000) 000-0000. WASHINGTON ONLY– In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions of Washington law to arrange for repairs. Any civil actions and/or arbitration proceedings arising from disputes under the terms and conditions of the Agreement are subject to the general jurisdiction of the courts in the State of Washington. WISCONSIN ONLY – THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation of this agreement, obiligor will mail a written notice to the agreement owner at the last known address of the agreeement owner contained in the records of the obligor at least five (5) days prior to cancellation by the obligor. Such notice shall state the effective date of the cancellation and the reason for the cancellation. xxxxxx written agreement. Any arbitration proceedings shall be conducted within the state of Wyoming. You have the option to litigate Disputes between You and Us in court. In the event of cancellation of this Agreement, Obligor will mail a written notice to the Owner at the last known address of the Owner contained in the records of the provider at least (10) days prior to cancellation by the Obligor. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the Owner to the Obligor, or a substantial breach of duties by the Owner relating to the covered product or its use.

Appears in 1 contract

Samples: Extended Service Agreement

Appears in 1 contract

Samples: Extended Service Agreement

IN SMALL CLAIMS COURT. 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, except in Oregon and Wisconsin, where state law will govern. 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 Xxxxxxx unit. The law governing your substantive warranty rights will be determined in accordance with the terms and conditions of this Agreement. Venue: Arbitration will be conducted in the federal district in which you reside or, for Canadian residents, in the province in which you reside. Costs: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Obligor will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Obligor for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s). Rules of the Arbitration: The arbitration will be decided by a single arbitrator. The arbitrator will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX ~~00000,xxx.xxx.xxx~~00000, xxx.xxx.xxx), JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (000 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X ~~0X0,xxx.xxxx.xxx~~0X0, xxx.xxxx.xxx). 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. Location: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal district in which you reside or, for ~~Canadian~~ Cana- xxxx residents, in the province in which you reside. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the expiration or termination, or any transfer, of the Agreement. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the Agreement shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this Agreement is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. CONSUMER ASSISTANCE - All inquiries regarding the Agreement, including claims for payment upon failure of Obligor to pay claims within 60 days after the claim has been filed with the Obligor, should be addressed to Consumer Affairs at (000) 000-0000, or ~~xxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx~~xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. ALABAMA & WASHINGTON ~~ONLY~~ONLY – In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions in Owner’s state to arrange for repairs. FLORIDA ONLY – Rates are not subject to regulation by the Office of Insurance Regulation. GEORGIA ONLY – THIS IS NOT A CONTRACT OF INSURANCE. If Owner resides in a condominium that is attached to two (2) or more units, the Obligor under this Agreement is Xxxxxxx Manufacturing Company, LP, located at ~~00000 Xxxxxxx Xx.~~0000 Xxxxxxxx Xxx, ~~Xxxxxx~~Xxxxxxx, XX, 00000. Obligor will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amount due under this Agreement. Obligor will mail Owner a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least ~~thirty~~thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Nothing contained in any provision elsewhere in this Agree- ment will affect your right to make a claim directly against Obligor if we fail to pay any valid claim within sixty (60) days. GEORGIA AND KENTUCKY ONLY - Obligor’s performance under this Agreement is assured by a performance bond issued by Westchester Fire Insurance Company, located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000. The Owner of this Agreement shall be entitled to make a direct claim against the insurer upon the failure of the Obligor to pay any claim within 60 days after the claim has been filed with the Obligor. MINNESOTA ONLY – In the event of cancellation of this Agreement by us in accordance with the “Cancellation” provision above, Minnesota Residents will receive five (5) days prior written notice of cancellation. NEVADA ONLY – Service calls should be directed to your Authorized Service Provider at the number listed on the face of this Agreement or Consumer Affairs at (000) 000-0000 for assistance in locating an Authorized Service Provider. If your Authorized Service Provider is unavailable and emergency service is required due to the loss of heating or cooling which renders the dwelling uninhabitable, call (000) 000-0000 to report a claim. In the event of emergency service, claim repairs will commence within 24 hours after the report of the claim. In the event an emergency renders the dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, and the Authorized Service Provider determines that the repairs cannot practicably be completed within three (3) calendar days after the receipt of the claim, then the Authorized Service Provider will provide a status report to the holder no later than three (3) calendar days after the report of the claim. Cancellation of this Agreement will not become effective until at least 15 days after the notice of cancellation is mailed to the Owner. NEW HAMPSHIRE ONLY – In the event you do not receive satisfaction under this Agreement, you may contact the New Hampshire insurance department, 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 00, Xxxxxxx, X.X. 03301; telephone 0-000-000-0000; e-mail xxxxxxxxxxxxxxxxx@xxx.xx.xxx. OKLAHOMA ONLY – This service warranty is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company. This is not an insurance contract. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. OREGON ONLY - Arbitration is only binding if elected by mutual agreement at the time a Dispute arises. You have the option to litigate any dispute between You and Us in court. SOUTH CAROLINA ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the South Carolina Department of Insurance, P.O Box 100105, Columbia, South Carolina 29202-3105 or (000) 000-0000. TEXAS ONLY – Unresolved complaints or questions concerning the regulation of service contracts or providers should be directed to the Texas Department of Licensing & Regulation at P.O Box 12157 Austin, Texas 78711 or (000) 000-0000. VIRGINIA ONLY – If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at xxx.xxxxx.xxxxxxxx.xxx/xxxx-xxxxxxxx-xxxxxxx-xxxxxxxxxxxxxxxxx.xxxxx to file a complaint. WASHINGTON ONLY– In the event that emergency service is required due to the loss of heating or cooling which jeopardizes the health or safety of property dweller, contact any servicer licensed under the provisions of Washington law to arrange for repairs. Any civil actions and/or arbitration proceedings arising from disputes under the terms and conditions of the Agreement are subject to the general jurisdiction of the courts in the State of Washington. WISCONSIN ONLY – THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation of this agreement, obligor will mail a written notice to the agreement owner at the last known address of the agreement owner contained in the records of the obligor at least five (5) days prior to cancellation by the obligor. Such notice shall state the effective date of the cancellation and the reason for the cancellation per the written agreement. Any arbitration proceedings shall be conducted within the state of Wyoming. You have the option to litigate Disputes between You and Us in court. In the event of cancellation of this Agreement, Obligor will mail a written notice to the Owner at the last known address of the Owner contained in the records of the provider at least (10) days prior to cancellation by the Obligor. Prior notice is not required if the reason for cancellation is non- payment of the provider fee, a material misrepresentation by the Owner to the Obligor, or a substantial breach of duties by the Owner relating to the covered product or its use.

Appears in 1 contract

Samples: Extended Service Agreement

Appears in 1 contract

Samples: Extended Service Agreement

Appears in 1 contract

Samples: Extended Service Agreement

Common use of IN SMALL CLAIMS COURT Clause in Contracts