Survival and Enforceability of this Arbitration Clause Sample Clauses

Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. Part No. PWEPTACO 11/2022 NON-OWNER OCCUPIED RESIDENCE WARRANTY MODELS: DHP, DCP Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below. To What Type Of Installations Does This Warranty Apply? This warranty applies to heating and air conditioning units installed in residences not occupied by the owner. Different warranties apply to units installed in owner-occupied residences and in commercial properties. What Units Does This Warranty Not Cover? This warranty does not apply to: • Units that are installed outside the United States, its territories, or Canada. • Units that are operated in incomplete structures. • Units that are installed in buildings other than residences not occupied by the owner, such as non-residential buildings or owner-occupied residences. What Problems Does This Warranty Cover? This warranty covers defects in materials and workmanship that appear under normal use and maintenance. Other Warranties THIS WARRANTY IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES, WHETHER BY DAIKIN OR ANY OF ITS AFFILIATES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. What Problems Does This Warranty Not Cover? Daikin is not responsible for: • Damage caused by transportation or handling (any such damage must be immediately reported to the delivering carrier). • Damage or repairs required as a consequence of faulty installation or application. • Damage as a result of floods, fires, winds, lightning, accidents, corrosive atmosphere, installation in an environment containing corrosive chemical agents, or other ...
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waiv- ers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. Part No. PWDDMSTWZM 04/2022 NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: FTX(09,12,18,24)BXVJU*, FTK(09,12,18,24)BXVJU*, RX(09,12,18,24)BXVJU*, RK(09,12,18,24)BX- VJU*, RXL(09,12,15,18,24)WMVJU*, RX(09,12,15,18,24)WMVJU*, RXM(09,12,18,24)WVJU*, 2MXS18*, 2MXL18*, 2MXLH18*, 3MXS24*, 3MXL24*, 3MXLH24, 4MXS36*, 4MXL36*, 4MXLH36*, 5MXS48*, FTX(09,12,15,18,24)*, FTXR(09,12,18)*, FVXS(09,12,15,18)*, FFQ(09,12,15,18)*, FTXS(09,12,15,18,24)*, CTXS07*, FDMQ(09, 12,15,18,24)*, CDMQ07*, FTXM(09,12,18,24)* If this heating or air conditioning unit has not been properly registered, all references in this document to “the warranty,” “this warranty,” or any similar construction, refer solely and exclusively to the Initial Term Warranty (defined below). If this heating or air conditioning unit has been properly reg- istered (and any other applicable conditions set forth in this document are satisfied), all such references refer to the Initial Term Warranty together with the Registered Additional Term Warranty (defined below). Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technolo- xxxx Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below. To What Type Of Installations Does This Warranty Apply? This warranty applies to heating and air conditioning units installed in residences not occupied by the owner. Different warranties apply to units installed in owner-occupied resi- dences and in commercial properties. Is Registration Required? Registration is strongly urged. As set out below, Initial Term Warranty coverage is available to owners who have not registered, but Registered Additional Term Warranty coverage is only available to regis...
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. OWNER NAME ADDRESS OF INSTALLATION CITY / STATE-PROVINCE / ZIP-POSTAL CODE INSTALLER NAME CITY / STATE-PROVINCE / ZIP-POSTAL CODE PHONE # / FAX # DISTRIBUTOR NAME CITY / STATE-PROVINCE / ZIP-POSTAL CODE PHONE # / FAX # MODEL # & SERIAL # INSTALLATION DATE xxx.xxxxxxxxxxxxxxxxxxxx.xxx Part No. PWGFURNHEQ 05/2017 ®
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. OWNER NAME JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any ADDRESS OF INSTALLATION other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (234 CITY / STATE-PROVINCE / ZIP-POSTAL CODE Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X 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.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. Part No. PWDINVTWSQE 07/2023 COMMERCIAL WARRANTY Who Is Providing The Warranty? Single Phase Models: DX17VS, DZ17VS electrical service. This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. Part No. PWDACHPTSMT COMMERCIAL WARRANTY Models: DX7TC Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. Part No. PWDFURNSNTC 04/2022 COMMERCIAL WARRANTY Models: DC80SN, DM80SN, DC80TN, DM80TN, DM92SN, DC96SN, DM96SN, DC96TN, DM96TN Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. 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 warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty 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. Part No. PWDFURNSNTC 04/2022 COMMERCIAL WARRANTY Models: DC80SN, DM80SN, DC80TN, DM80TN, DM92SN, DC96SN, DM96SN, DC96TN, DM96TN Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Related to Survival and Enforceability of this Arbitration Clause

  • Governing Law and Enforceability This Contract will be governed and interpreted according to the Constitution and Laws of the State of Colorado. If any provision of this Contract or any application of this Contract to the School is found contrary to law; such provision or application will have effect only to the extent permitted by law. The parties agree, upon the request of either, to meet and discuss in good faith any material changes in law that may significantly impact their relationship, and to negotiate in good faith to adopt any necessary or appropriate replacement provision.

  • Applicability of Arbitration Agreement You agree that any dispute or claim relating in any way to your access or use of the Covered Products, or to any aspect of your relationship with Enphase, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Enphase may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

  • ARBITRATION AND WAIVER OF JURY TRIAL (a) This paragraph concerns the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, including but not limited to controversies or claims that arise out of or relate to: (i) this agreement (including any renewals, extensions or modifications); or (ii) any document related to this agreement (collectively a “Claim”). For the purposes of this arbitration provision only, the term “parties” shall include any parent corporation, subsidiary or affiliate of the Bank involved in the servicing, management or administration of any obligation described or evidenced by this agreement.

  • Arbitration and Governing Law If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. This Agreement and the legal relations among the Parties hereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law doctrine. The Parties agree that the venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein will be the County of Pinellas, State of Florida.

  • Governing Law; Disputes In view of the fact that: (i) the Purchaser was formed pursuant to the laws of the State of New York; (ii) the Company was formed pursuant to the laws of the State of Delaware ; (iii) the principal place of business of the Purchaser is located in the State of New York; (iv) the principal place of business of the Company is located in the State of Arizona; (v) the Purchaser does business throughout the United States; (vi) the Company contemplates doing business in North Dakota and other states; (vii) the principal place of business of the Escrow Agent is located in the State of New York; and (viii) all services pursuant to this Escrow Agreement will be performed in the State of New York, in order to avoid the question of which state law shall be applicable, the Parties agree that: This Escrow Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Moreover, the Parties agree that pursuant to Section 5-1401 of the General Obligations Law of New York, if applicable, this Escrow Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. The Parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York, County of New York, as properly having venue in any action or proceeding in relation to this Escrow Agreement. The Parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, County of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties hereby knowingly, voluntarily and intentionally waive (to the extent permitted by applicable law) any right he, she or it may have to a trial by jury of any dispute arising under or relating to this Escrow Agreement and agree that any such dispute shall, at the option of any party, be tried before a judge sitting without a jury.

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