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Idiomas disponibles
Idiomas disponibles
L I M I T E D W A R R A N T Y
WARRANTY PERIOD. No employee, agent, dealer, or other person is authorized to alter this limited warranty
or make any other warranty on behalf of ProTeam. The terms of this limited warranty shall not be modified by
ProTeam, the original owner, or their respective successors or assigns.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROTEAM BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY ECONOMIC LOSS, WHETHER
RESULTING FROM NONPERFORMANCE, USE, MISUSE OR INABILITY TO USE THE PRODUCT OR
PROTEAM'S NEGLIGENCE. PROTEAM SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN
PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION
(WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT
OR OTHERWISE), SHALL PROTEAM'S LIABILITY TO YOU AND/OR YOUR CUSTOMERS EXCEED THE
PURCHASE PRICE PAID BY YOU FOR THE PRODUCT. The term "consequential damages" shall include, but
not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or
damage to property. Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may
also have other rights which vary from State to State.
This limited warranty is governed by the laws of the State of Missouri, U.S.A., without regard to conflicts of law
provisions.
Dispute Resolution
In the event of any dispute INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, CLAIMS BASED IN TORT, NEGLIGENCE, PRODUCT LIABILITY, FRAUD, MARKETING, STATE
OR FEDERAL REGULATIONS, ANY CLAIMS REGARDING THE ENFORCEABILITY OF THIS LIMITED
WARRANTY, AND THE WAIVER OF CLASS ACTION TRIALS between PROTEAM AND YOU, either party
may choose to resolve the dispute by binding arbitration, as described below, instead of in court. THIS MEANS
IF EITHER PROTEAM OR YOU CHOOSE BINDING ARBITRATION, NEITHER PARTY SHALL HAVE THE
RIGHT TO LITIGATE SUCH CLAIM IN COURT OR HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS
ARE LIMITED IN BINDING ARBITRATION. ProTeam and You agree that the proper venue if Arbitration is not
so chosen by ProTeam OR You of all actions arising in connection herewith shall be only in the state of Missouri
and the parties agree to such jurisdiction. No action, regardless of form, arising out of transactions relating to the
agreement, may be brought by either party more than two (2) years after the cause of action has accrued. The
U.N. Convention on Contracts for the International Sales of Goods shall not apply to this agreement.
Class Action Waiver
BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER PROTEAM OR
YOU MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN
COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY.
Administration of Arbitration
The binding arbitration must be administered by the American Arbitration Association ("AAA") in accordance with
its Commercial Arbitration Rules and/or Supplementary Procedures for Consumer- Related Disputes (including
proceedings to mitigate costs of travel). This binding arbitration is governed by the Federal Arbitration Act ("FAA")
(9 USC §1, et. seq.) and will govern the interpretation and enforcement. The binding arbitration shall be held at a
location determined by AAA or at such other location as mutually agreed. In addition to the terms stated above,
the following will apply to the binding arbitration: (1) the arbitrator, and not any federal, state, or local court or
agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability
or formation of this agreement including any claim that all or any part of this agreement is void or voidable; (2) the
arbitrator shall apply Missouri law consistent with the FAA.
ProTeam Owner's Manual
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