In consideration for credit being extended, we acknowledge and agree to the following: (1) Payment or I am jointly, severally, and unconditionally guaranteed within 30 days of the date of delivery; (2) any charges unpaid after the 15TH day will be charged 20.24 APR; (3) any charges still outstanding after 90 days from date of delivery are subject to collection, and all collection or arbitration expenses, attorney's fees, and court costs will be borne by the purchaser; (4) title to all work shall remain with the creditor until all invoices and additional charges have been paid in full; (5) all claims, requests for adjustments, or notification of errors must be made within thirty days, or charges are considered accepted; (6) this agreement shall apply to all current and future charges unless revocation is received by registered mail; (7) credit privileges may be withdrawn at any time without invalidating the terms of this agreement.
This arbitration agreement does not apply if on the date you submit your application or on the date we seek to involve this arbitration agreement, you are a member of the Armed Forces or a dependent of such a member covered by the federal Military Lending Act.Class Action Waiver. Arbitration must be on an individual basis. This means neither you nor we may join or consolidate claims in arbitration by or against other cardmembers, or litigate in court or arbitrate any claims as a representative or member of a class or in a private Attorney General Capacity. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s Claim. The arbitrator may not award class, representative, or public injunctive relief. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then after all appeals from that decision have been exhausted, that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver. Your and Our Right to Go to Small Claims Court. You and we will not choose to arbitrate any individual Claim you or we bring in a small claims court (or an equivalent court). This means you or we may bring an action in a small claims court (or an equivalent court) without being subject to arbitration. However, if a Claim is transferred, removed, or appealed from the small claims court to a different court, or if any Claim brought in a small claims court exceeds the small claims court limit, you or we may then choose to arbitrate. Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA). The rules for the arbitration will be those in this arbitrationagreement and the procedures of the AAA, but the rules in this arbitration agreement will be followed if there is a disagreement between agreement will be followed if there is a disagreement between the agreement and the AAA’s procedures. If the AAA’s procedures change after the Claim is filed, the procedures in effect when the Claim was filed will apply.