ARBITRATION AGREEMENT - READ COMPLETELY BEFORE SIGNING


In connection with the undersigned's acquisition of the below described motor vehicle by lease, purchase or otherwise, on or about the date shown below, the undersigned and the Dealer mutually covenant, stipulate and agree, in connection with the resolution of any dispute arising out of or relating to or concerning all of the contract(s) and agreements entered into by the parties of and concerning the below described motor vehicle, and business relationships resulting therefrom, as follows: That the vehicle described below was manufactured outside of Louisiana or from parts traveling in interstate commerce; has operated and will continue to operate on interstate highways; has been traveling in interstate commerce; the manufacture, transportation, sale and use thereof has been and will continue to be regulated by laws of the United States of America; and, that the contract( s) and agreements entered into by the parties concerning said motor vehicle evidence transactions substantially involving and affecting interstate commerce sufficiently to invoke the application of the Federal Arbitration Act, 9 u.S.C. Section 1, et seq The undersigned agree that all disputes not barred by applicable statutes of limitations, whether denominated as a claim, counter-claim, cross claim or third party claim, resulting from or arising out of or relating to or concerning the transaction entered into (including but not limited to: any matters taking place either before or after the parties entered into this agreement, including any prior agreements or negotiations between the parties; the terms of this agreement and all clauses herein contained, their breadth and scope, and any
term of any agreement contemporaneously entered into by the parties concerning any goods or services acquired by the undersigned; the past, present and future condition of the motor vehicle; the conformity of the motor vehicle to any contract description; the representations, promises, undertakings, warranties or covenants made by Dealer in connection with the undersigned's acquisition of the motor vehicle, or otherwise dealing with the motor vehicle; any lease terms or the terms of credit and/or financing in connection therewith; any terms or provisions of any credit life and/or disability insurance purchased simultaneous by herewith; any terms or provisions of any extended service contract purchased simultaneously herewith; and all claims or disputes as to anybody and/or mechanical repairs made to the vehicle prior to, as a result of this transaction or at any time hereafter) shall be submitted to BINDING ARBITRATION, pursuant to the provisions of9 U.S.C. Section 1, ~~' and according to the Commercial Rules of the American Arbitration Association (the AAA) then existing in the County where the dealer maintains its principal place of business, except as follows: (a) In all disputes in which the matter in controversy exceeds $10,000, the Dealer shall select one arbitrator; the undersigned customers shall collectively select one arbitrator; and the two arbitrators so selected shall select a neutral arbitrator; in the event any issue raised in the demand for arbitration or counter demand for arbitration (if any) includes a claim relating to the condition of the motor vehicle, the neutral arbitrator shall be an A.S.E. (American Society
of Engineers) certified master mechanic, who shall be selected by mutual agreement of the arbitrators appointed by the parties; if no issue is raised in the demand or counter demand for arbitration concerning the condition of the motor vehicle, or if no agreement as to the appointment of an A.S.E. certified master mechanic can be made by the arbitrators selected by the parties, the neutral arbitrator shall be selected, through the AAA's strike method, by the parties hereto, from a list of at least 5 suitable arbitrators supplied by the AAA, none of whom shall be licensed practicing attorneys within the state of Louisiana. (b) An arbitrator or arbitrators impaneled to hear any dispute brought before them shall be empowered to enter an award of such damages, fees and costs, and grant such other relief, as said arbitrator or arbitrators deems just and proper; any party to this agreement who fails or
refuses to arbitrate in accordance with the terms of this pre dispute binding arbitration agreement shall, in addition to any other relief awarded through arbitration, be taxed by the arbitrator or arbitrators with all of the costs, including reasonable attorney’s fees, of any other party who had to resort to judicial or other relief in compelling arbitration in accordance with the terms herein contained. In the event the Dealer and the undersigned have entered into more than one arbitration agreement concerning any of the matters identified herein, and in the event there are inconsistent or contradictory provisions in any such other arbitration agreement, the undersigned and the Dealer agree that the terms of this arbitration agreement shall control disputes between them. With respect to filing fees and other costs of arbitration, the undersigned and Dealer expressly recognize that the Commercial Rules of
the American Arbitration Association provide a mechanism through which a party may obtain a deferral or reduction of said fees and costs upon a showing of sufficient financial hardship as determined by the American Arbitration Association. The undersigned and Dealer expressly agree that the Commercial Rules of the American Arbitration Association and the terms of this agreement adequately protect their abilities to fully and reasonably pursue their respective statutory and other legal rights. The undersigned and Dealer agree that, upon a finding of financial hardship of the undersigned customer(s) by the American Arbitration Association, in accordance with its Commercial Rules, the Dealer will pay the filing files and costs of the arbitration process for the undersigned if directed by the American Arbitration Association. NOTE: This agreement is not intended to require arbitration of disputes brought by any party to this agreement in the District Courts of Georgia, provided that the relief sought therein or as a result thereof, inclusive of damages, fees and costs, does not exceed $ 10,000.00. The parties stipulate that either party's participation in proceedings in the District Courts shall not operate as a waiver of any right to compel binding arbitration upon appeal from the District Courts. Further information about arbitration can be obtained directly from the AAA, Atlanta, GA, by calling the AAA at 4041325-0101 or from a review of AAA's Commercial Dispute Resolution Procedures, as amended, a copy of which is available for review at the time of signing this document. THE UNDERSIGNED HAVE AGREED. TO WAIVE THE UNDERSIGNED(S), RIGHT TO A TRIAL BY JUDGE OR JURY IN ORDER TO COMPLETE THE  TRANSACTION ON THIS DATE FOR THE PRICE AND FOR ALL OF THE OTHER TERMS AGREED TO BY THE PARTIES. THIS ARBITRATION SHALL BE IN LIEU OF ANY CIVIL LITIGATION IN ANY COURT AND IN LIEU OF ANY TRIAL BY JUDGE OR JURY.

THE TERMS OF THIS AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY PROVISION OF TIllS AGREEMENT OR THE COSTS. ADVANTAGES OR DISADVANTAGES OF ARBITRATION, SEEK INDEPTMENT ADVICE AND/OR REVIEW THE WRITIEN COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND/OR CONTACT THE AAA AT THE TELEPHONE NUMBER SHOWN ABOVE, BEFORE SIGNING. BY SIGNING YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY EACH OF THE PROVISIONS, COVENANTS, STIP ULATIONSANDAGREEMENTS SET FORTH AND REFERENCED HEREINABOVE.