Vehicle Repurchase or Vehicle Replacement. This Settlement provides an expedited, binding Arbitration to determine whether Ford should repurchase or replace your Class Vehicle. Your eligibility fora repurchase or replacement, however, may depend upon your state’s lemon law. In some respects, the Settlement makes it easier for Class Members to obtain a repurchase or replacement compared tostate lemon laws, and in some circumstances it requires Ford to repurchase Class Vehicles even when state lemon law would not require Ford to do so. In nearly every case, Class Members will have their lemon law claims resolved on the merits more quickly in Arbitration than through a court action. • The Arbitrator may award a repurchase or replacement if the Arbitrator finds that you areentitled underthe provisions of the state lemon law where you took delivery of your Class Vehicle (“your state’s lemon law”). • Even if you are not entitled to a repurchase or replacement underyourstate’s lemon law, the Arbitrator may also award you a repurchase if your vehicle is still malfunctioning and has been subject to at least four (4) repair visits each of which visit involved the replacement of one of the ten hardware parts listed in Section 1 above and each visit occurred while you owned your vehicle and within five (5) years or 60,000 miles of delivery of the vehicle to the first retail customer (whichever occurs first). • Be advised that, before your claim can proceed in Arbitration, you must provide notice to Xxxx asdirected in the “Understanding the Settlement” section below and satisfy the listed requirements. You must also have documentation to support your claim. Under the Arbitration Program: • Ford will pay for the costs of Arbitration; • A repurchase or replacement claim may be submitted up to 6 years after the original sale to the first buyeror 6 months after the Approval Date of the Settlement, whichever is later; • If your claims were denied by the Better Business Bureau or another arbitrator prior to the Approval Date, you can submit them to this Arbitration Program; • If you choose to use an attorney, Xxxx will pay up to $6,000 in attorneys’ fees if you win in Arbitration (you are not obligated to pay Ford’s attorneys’ fees if you lose); • You have the right to appeal the initial Arbitration decision to a second Arbitrator, if you advance the costs of the appeal, but you do not have the right to seek further review with a court; • You are not entitled to civil penalties or punitive damages. Other limitations ...
