Ascend D10 Mode D'emploi page 29

ASCEND® Kayak Limited Warranty (continued)
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to return the kayak to you at your expense—for example, by cash-on-
delivery (C.O.D.) shipping—if the foregoing conditions and requirements
have not been met.
6. What We Will Do. For any defect to your ASCEND kayak that qualifies
for service under this Limited Warranty, White River will either (in our sole
and absolute discretion) repair or replace the defective part, component,
or accessory.
7. Limitation on Duration of Implied Warranties. ANY IMPLIED
WARRANTY APPLICABLE TO YOUR PURCHASE OF THE ASCEND KAYAK,
INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IS
HEREBY LIMITED IN DURATION TO THE DURATION OF THIS LIMITED
WARRANTY OR THE MAXIMUM STATUTORY PERIOD, WHICHEVER IS
LESS. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF
IMPLIED WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY
TO YOU.
8. Limitation of Damages. IN NO EVENT WILL WHITE RIVER BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL
DAMAGES ARISING FROM OR RELATING TO THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU.
9. Dispute Resolution. WHITE RIVER'S GOAL IS TO RESOLVE ANY
WARRANTY ISSUE AS QUICKLY AND FAIRLY AS POSSIBLE. PLEASE
CONTACT US AT 417.873.5034 IN THE EVENT YOU HAVE ANY QUESTIONS
ABOUT THE TERMS, CONDITIONS OR LIMITATIONS CONTAINED IN
THIS LIMITED WARRANTY. THE PROCEDURE TO HAVE YOUR LIMITED
WARRANTY ISSUE RESOLVED IS SET FORTH ABOVE. IN THE EVENT WE
DO NOT REMEDY THE DEFECT WITHIN A REASONABLE TIME, YOU AGREE
TO WRITE US AT WHITE RIVER CUSTOMER SERVICE, 2500 EAST KEARNEY
STREET, SPRINGFIELD, MISSOURI 65898, AND TO EXPLAIN THE ISSUE. IF
OUR RESPONSE TO YOUR WRITTEN EXPLANATION OF THE ISSUE IS NOT
TO YOUR SATISFACTION, YOU AGREE THAT THE FOLLOWING BINDING
ARBITRATION WILL APPLY.
BINDING ARBITRATION & CLASS ACTION WAIVER
a) You and White River agree to submit all disputes, claims, or
controversies of any kind arising out of or related to this Limited
Warranty and/or your purchase of the ASCEND kayak for resolution
exclusively through binding and final arbitration, instead of through
court proceedings. You should review this arbitration provision (this
Section 9) carefully; it limits your and our ability to litigate claims in
court. THIS AGREEMENT TO ARBITRATE MEANS THAT YOU AND WE WAIVE
ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A
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