BINDING ARBITRATION (PLEASE READ CAREFULLY Sample Clauses
BINDING ARBITRATION (PLEASE READ CAREFULLY. Any dispute, controversy, interpretation or claim, except those relating to nonpayment of fees, including claims for, but not limited to the scope of services provided by us, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of the New Jersey Consumer Fraud Act, N.J.S.A §56:8-1 through §56:8- 20, any other applicable consumer protection statute, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the Inspection or Inspection Report shall be submitted to final and binding arbitration under the Rules and Procedures of The American Arbitration Association. The decision of the Arbitrator appointed shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. If no arbitration proceeding is initiated by either of the parties to this Agreement within one year of the date of the Report, the failure to initiate such proceedings shall be considered conclusive evidence that the parties are satisfied that each has properly and completely performed their obligations under this Agreement. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
BINDING ARBITRATION (PLEASE READ CAREFULLY. Any dispute, controversy, interpretation or claim, except those relating to nonpayment of fees, including claims for, but not limited to the scope of services provided by us, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of the New Jersey Consumer Fraud Act, N.J.S.A §56:8-1 through §56:820, any other applicable consumer protection statute, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the Inspection or Inspection Report shall be submitted to final and binding arbitration under the Rules and Procedures of The American Arbitration Association. The decision of the Arbitrator appointed shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. If no arbitration proceeding is initiated by either of the parties to this Agreement within one year of the date of the Report, the failure to initiate such proceedings shall be considered conclusive evidence that the parties are satisfied that each has properly and completely performed their obligations under this Agreement. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION. If either party makes a claim against the other for any error, omission or other action arising out of the work performed under this Contract and fails to prove all aspects of such claim, to the degree necessary to prevail in Arbitration or any court or tribunal found to have jurisdiction over ARCH INSPECTIONS LLC. or any controversies related to this Contract, Inspection or Inspection Report, the party making the claim agrees to pay all attorney fees, arbitrator fees, expenses and costs incurred in the defense of the claim including all collection costs (legal fees & expenses). THIS DOCUMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO STATEMENT, PROMISE OR INDUCEMENT MADE BY EITHER PARTY THAT IS NOT CONTAINED HEREIN SHALL BE VALID OR BINDING. THIS AGREEMENT MAY NOT BE ENLARGED, MODIFIED OR ALTERED EXCEPT IN WRITING. BY SIGNING THIS AGREEMENT, ALL PARTIES AGREE TO BIND THEMSELVES, THEIR HEIRS, ASSIGNS AND ADMINISTRATORS TO ALL TERMS AND CONDITIONS SET FORTH THEREIN. IT IS UNDERSTOOD AND AGREED THAT THIS AGREEMENT HAS BEEN MADE AND IS ENTERED INTO UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY SECTION...
BINDING ARBITRATION (PLEASE READ CAREFULLY. Any dispute, controversy, interpretation or claim, except those relating to nonpayment of fees, including claims for, but not limited to the scope of services provided by us, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of the New Jersey Consumer Fraud Act, N.J.S.A §56:8-1 through §56:8-20, any other applicable consumer protection statute, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the Inspection or Inspection Report shall be submitted to Binding Arbitration as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Arbitration services of another dispute resolution provider other than one of those so stated, please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed thereunder shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.