Claims and Dispute Resolution Clause Samples

Claims and Dispute Resolution. All claims or disputes arising out of this Agreement shall be governed by the terms of the Standard Contract Provisions.

Claims and Dispute Resolution. The claims and dispute resolution provisions of Article VII of the Distribution Agreement shall be applicable to this Agreement and are hereby incorporated herein by reference.

Claims and Dispute Resolution. Wheel Tires supplied with the product are to be mounted on the wheel by a professional. Removing the wheels is complicated and incorrect assembly can lead to instability and malfunctions: –Please contact an authorized service center if the product is still under manufacturer warranty. You can obtain a list of authorized service centers by visiting ▇▇▇.▇▇▇▇▇▇.▇▇▇. –If the product is no longer under manufacture warranty, you can contact any specialized service center of your choice. –Should you have questions, you can contact customer service available at ▇▇▇.▇▇▇▇▇▇.▇▇▇. Removal of the battery Do not remove the battery. Removing the battery is complicated and can alter the operation of the machine: You can contact an authorized service center if the product is still under manufacture warranty. If the product is no longer under manufacture warranty, you can contact any specialized service center of your choice. You can obtain a list of authorized service centers by visiting ▇▇▇.▇▇▇▇▇▇.▇▇▇. For any further question, you can contact customer service available at ▇▇▇.▇▇▇▇▇▇.▇▇▇.

Claims and Dispute Resolution. For any claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be as litigation in a court of competent jurisdiction.

Claims and Dispute Resolution. 14.1 Claims, Also See Sections 11 and 15 of General Conditions (Exhibit D)

Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATES, THE PRODUCT’S MANUFACTURER, DISTRIBUTORS, SELLERS, AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT.

Claims and Dispute Resolution. A. For all conflicts arising out of this Agreement or the Project, OWNER and ENGINEER agree to negotiate disputes between them in good faith for a period of 60 days after notice. B. OWNER and ENGINEER agree that any disputes not settled between them shall be submitted to non-binding mediation, unless the parties mutually agree otherwise. The mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and shall include a list of no less than three nor more than six names, addresses and qualifications of industry-experienced mediators which the filing party will accept to conduct the mediation. Mediation shall proceed in advance of legal or equitable proceedings. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. C. If such mediation is unsuccessful in resolving a dispute, then either party may seek to have the dispute resolved by a court of competent jurisdiction. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover in accordance with State law. D. OWNER and ENGINEER shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law in effect at the time this Agreement was executed, but, in any case, not more than 10 years after the date of Substantial Completion of the Work. Owner and Engineer waive all claims and causes of action not commenced in accordance with this Paragraph 6.09 D.

Claims and Dispute Resolution. Seller will submit any claims or disputes arising under this Purchase Order to Buyer in writing prior to Buyer making final payment. Buyer's obligation to make final payment is conditioned upon Seller's settlement and release of all claims or disputes. Seller agrees that its failure to submit any claims or disputes in writing by such time will constitute an express waiver by Seller of any legal or equitable rights with respect to the subject matter of the claim or dispute. For any claims or disputes arising under this Purchase Order, the parties agree to exert their best efforts in good faith to try to resolve such issues through direct negotiation between management. Seller agrees that any such issues that cannot be resolved through direct negotiation within a reasonable time will be submitted to binding arbitration. Arbitration proceedings will be conducted by the American Arbitration Association ("AAA") in Houston, Texas, before a single arbitrator, in accordance with the AAA Commercial Rules and Procedures. Each party will bear its own expenses in any dispute resolution process or proceeding. Notwithstanding the existence, filing, or pendency of any claim or dispute under this Purchase Order or with Buyer or any Owner, Seller will continue to fully perform its obligations hereunder and will not cease or delay performance, fabrication or fail to make any shipment pending resolution of any claim or dispute. Any award of the arbitrator may be enforced in any jurisdiction.

Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATES, THE PRODUCT’S MANUFACTURER, DISTRIBUTORS, SELLERS, AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT. 6.1 Binding Arbitration Segway Parties and you agree that any dispute, controversy or claim arising out of, relating to or in connection with this agreement, the limited warranty, the sale, condition or performance of the Product, whether based in contract, tort, fraud, misrepresentation, or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. This arbitration clause shall apply all the persons in privity with you, including your family members, beneficiaries, and assigns. The arbitration shall be conducted by China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its rules of in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. Segway Parties and you further acknowledge and confirm that the arbitral award shall be final and binding upon all Parties, not subject to any appeal; and shall deal with the question of costs of arbitration and all matters related thereto. Enforcement of the award rendered by the arbitrators may be entered into by any court having jurisdiction thereof. Segway Parties and you agree that this Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the People’s Republic of China with the Hong Kong Special Administrative Region, Macau Special Administrative Region, and Taiwan being excluded. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH SEGWAY PARTIES. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBIT...