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e. The arbitration will be governed by the AAA’s then current
Consumer Arbitration Rules, as modified by the terms set forth in
this Limited Warranty (including the terms and conditions of this
Consumer Arbitration Clause), and will be administered by the AAA.
The AAA Rules and Forms are available online at www.adr.org or
by calling the AAA at 1-800-778-7879. In the event of any conflict
between the terms set forth herein and the AAA Consumer
Arbitration Rules, these terms will apply.
f. If your claim totals less than US$25,000, Caterpillar will pay for all
administrative and arbitration fees, including the arbitrator’s
compensation, and will reimburse you for any administrative and
arbitration fees that you incur. If your claim exceeds US$25,000,
the parties will pay equal shares of any administrative and
arbitration fees, including the arbitrator’s compensation, except for
such fees that the AAA Consumer Arbitration Rules require
Caterpillar to pay in full. Each party will bear the expense of its own
counsel, experts, witnesses, and preparation and presentation of
evidence at any arbitration hearing.
g. If your claim is for US$25,000 or less, you and Caterpillar agree that
you may choose whether the arbitration will be conducted solely on
the basis of documents or through a telephonic hearing. You may
also request an in-person hearing, which the arbitrator may grant at
his or her discretion. If the arbitrator grants an in-person hearing,
such hearing will be conducted either at a mutually agreed location
or a location determined by the AAA or the arbitrator. In such an inperson hearing, the parties, or any of their witnesses, have the right
to participate remotely by way of videoconference or some similar
means. If your claim exceeds US$25,000, the right to a hearing will
be determined by the arbitrator.
h. You and Caterpillar agree that, to the extent permitted by applicable
law, any dispute resolution proceedings, whether in court or before
an arbitrator, will be conducted only on an individual basis and not
in a class, representative, consolidated, or mass action. Neither you
nor Caterpillar may join or consolidate claims by or against a third
party, or arbitrate or otherwise participate in any claim as a class
representative, class member or in a private attorney general
capacity. If this provision is found to be unenforceable, then the
entirety of the terms and conditions of these Dispute Resolution and
Arbitration paragraphs (other than paragraph (k)) shall be null and
void.
i. Any arbitration will be confidential. Neither you, Caterpillar, the AAA,
nor the arbitrator may disclose the existence, content (including any
oral or written submissions), or results of any arbitration, except as
may be required by law or for purposes of enforcing or challenging
of the arbitration award.
j. You may opt out of this dispute resolution procedure by providing
written notice to Caterpillar at the Notice Address no later than 30
calendar days from the date of your purchase of Caterpillar products
or services (or date of first use, in the case of free products or
services) covered by this Limited Warranty. Opting out of this
dispute resolution procedure will not otherwise affect the coverage
or applicability of the Limited Warranty, or your ability to purchase
or use Cat branded portable generator products or services, in any
way.
k. If for any reason a claim proceeds in court rather than in arbitration
or small claims court, including if you opt out under paragraph (j), to
the extent permitted by applicable law, we each waive any right to
a jury trial and agree that any such proceeding shall be conducted
only on an individual basis and not in a class, representative,
consolidated, or mass action. Under such circumstances, you and
Caterpillar agree that, to the extent any dispute arises out of a Cat
branded portable generator sold in the US, the federal and state
courts of the State of Illinois have exclusive jurisdiction to hear and
determine any such claim, consent to the personal jurisdiction of
any federal or state court in the State of Illinois, and acknowledge
that venue is proper in any judicial district within the State of Illinois.
If any part of these Dispute Resolution and Arbitration provisions or
this paragraph (k) is found to be unenforceable, the remainder of
these Dispute Resolution and Arbitration Provisions and this
paragraph (k) shall still be given full force and effect.
l. In the event that any provision of this agreement is found to be
invalid or unenforceable in a particular case or jurisdiction, that
provision will be severable in that case or jurisdiction, as the case
may be, without affecting the validity and enforceability of the
remaining provisions of the agreement, and shall not affect the
validity and enforceability of the agreement in other cases and
jurisdictions.
Applicable Law
m. By purchasing or using any Cat branded portable generator product
or service related thereto, you agree that, to the degree permitted
by applicable law, the Federal Arbitration Act, applicable federal
law, and laws of the State of Illinois, without regard to its conflict of
laws rules, will govern the terms of this Limited Warranty, as well as
any dispute of any sort that might arise between you and Caterpillar
relating to such products or services.
n. If a dispute arises out of a Cat branded portable generator sold in
Canada the foregoing dispute resolution and arbitration terms will
apply to the extent permitted by applicable law. If the foregoing
terms are not binding upon you under the applicable law of your
jurisdiction, and the dispute is within the jurisdiction of the small
claims court in your province, you may choose to take your claim to
that court. If the dispute exceeds the jurisdiction of the small claims
court in your province, you agree to submit to the jurisdiction of the
courts within your province for the purpose of litigating all claims,
disputes, actions or causes of action, issues or requests for relief
arising out of or relating to this Limited Warranty, which courts shall
have exclusive jurisdiction over all such claims, disputes, actions or
causes of action, issues or requests for relief.
Limitations
THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. SPECIFICALLY, CATERPILLAR MAKES NO
OTHER WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CATERPILLAR'S ONLY LIABILITY
SHALL BE THE REPAIR OR REPLACEMENT OF PART(S) AS STATED ABOVE. IN NO EVENT SHALL CATERPILLAR BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE A DIRECT RESULT OF CATERPILLAR'S NEGLIGENCE.
This warranty is subject to and shall not apply in contravention of the laws or other legal compliance requirements of the United States or any other
applicable jurisdiction, without recourse or liability with respect to Caterpillar.Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation may not apply to you. This warranty gives you specific legal rights. You may also have other rights
from state to state, or territory.
In USA and Canada: Caterpillar Newberry LLC, Electric Power
Division, 40 Mawsons Way, SC 29108-6400, Attention:Customer
Service Manager, Telephone (844)-797-6387. Outside the USA and
Canada: Contact your Authorized Service Representative
www.cat.com/homeandoutdoorpower-support or email
homeandoutdoorpower@cat.com.
© 2020 Caterpillar. All Rights Reserved. CAT, CATERPILLAR,
LET’S DO THE WORK, their respective logos, "Caterpillar Yellow", the
"Power Edge" and Cat “Modern Hex” trade dress as well as corporate
and product identity used herein, are trademarks of Caterpillar and
may not be used without permission.
www.cat.com/homeandoutdoorpower