Arbitration agreement
MEDIATION AND ARBITRATION AGREEMENT
AGREEMENT NOT TO DISPUTE CREDIT CARD CHARGEBACK
By initialing the repair order agreement, you acknowledge you are forfeiting all rights to perform a charge-back on your credit card. You agree that the full amount you paid with credit card is not disputable, and in the scenario you perform a chargeback, you will pay us in full within 48 hours or you accept we can place a lien on the vehicle stated above until the amount is resolved.
ARBITRATION AGREEMENT
This Mediation and Arbitration Agreement significantly affects your rights in any dispute with us. Any controversy or claim arising out of or relating to this contract, or the breach thereof, other than the obligation to pay the cost of the authorized repairs, modifications, or other services rendered, and fees associated with the services to be rendered at your request shall be settled by mediation and arbitration (hereinafter referred to as “alternative dispute resolution”) at your option or that of HBI Auto. If alternative dispute resolution is demanded by either you or HBI Auto, there will be no right to a jury trial or to appeal the decision of the mediator/arbitrator. A judgment on an alternative dispute resolution award may be entered by the Davie County Superior Court in accordance with the provisions of Chapter 1 of the North Carolina General Statutes. If a dispute is submitted to mediation and arbitration as is provided herein, you will give up your right to participate as a class representative or class member on any class claim you may have against HBI Auto.
A complaining party as to any controversy or dispute who wishes to demand alternative dispute resolution shall notify the other Party of the dispute in writing, setting forth relevant facts, and explaining why the complaining Party believes the dispute should be resolved in its favor. Within five (5) business days after such notice has been given, the Parties shall meet, by conference call or in person, in an effort to resolve the dispute. If they are unable to resolve the dispute, either Party may institute alternative dispute resolution as is hereinafter set forth. If the Parties are unable to resolve the dispute, the same shall be referred to a mediator/ arbitrator qualified under the regulations of the Administrative Office of the North Carolina Courts and who shall have had experience in the field of business litigation. The Senior Resident Superior Court Judge for Davie County will appoint the mediator/arbitrator upon application of either Party.
IN ANY MEDIATION OR ARBITRATION OF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, OTHER THAN OBLIGATION TO PAY THE COST OF THE AUTHORIZED REPAIRS, MODIFICATIONS, OR OTHER SERVICES RENDERED, AND FEES ASSOCIATED WITH THE SERVICES TO BE RENDERED AT YOUR REQUEST, THE LAWS OF THE STATE OF NORTH CAROLINA SHALL GOVERN WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. IF ANY PROVISION CONTAINED IN THIS AGREEMENT SHALL BE HELD TO BE VOID OR UNENFORCEABLE BY ANY FORUM OF COMPETENT JURISDICTION, ANY AND ALL REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
YOU AND HBI AUTO WILL SHARE THE EXPENSE OF ALTERNATIVE DISPUTE RESOLUTION EQUALLY.
The alternative dispute resolution hearing shall be held at a mutually agreeable location in Davie County, North Carolina on a mutually agreeable date no later than thirty (30) calendar days from the date of the appointment of the arbitrator unless the arbitrator shall rule otherwise. The arbitrator shall be empowered to establish the rules under which the alternative dispute resolution process will be governed, including the exchange of documents, the identification of witnesses, and the applicability of the North Carolina Rules of Evidence. The mediator/arbitrator shall be further empowered to continue the alternative dispute resolution hearing upon his own motion or that of any Party to the proceeding.
The mediator/arbitrator will first attempt to facilitate ("mediate") a voluntary and mutually satisfactory resolution of the controversy or controversies between the Parties. In the event that an impasse is reached by the Parties during the process of mediation, the Parties agree that the mediator/arbitrator will be empowered to render a binding alternative dispute resolution award; provided, however, that before rendering such binding alternative dispute resolution award, the mediator/arbitrator shall afford the Parties a reasonable opportunity to prepare and present additional evidence and arguments in support of their respective positions.
Any award rendered by the mediator/arbitrator shall be final and binding upon all Parties to this dispute, and judgment on such award may be entered by either Party in any court having jurisdiction over the Parties. The Parties agree and stipulate that the provisions of this Agreement shall be a complete defense to any suit, action, or proceeding instituted in any federal, State, or other Court or before any administrative tribunal or agency with respect to any controversy or dispute arising under this Agreement. This alternative dispute resolution agreement shall, with respect to a controversy or dispute within its terms, survive the termination or expiration of any other agreement between you and HBI. Nothing contained in this Agreement shall be deemed to give the mediator/arbitrator any authority, power or right to alter, change, amend, modify, add to, or subtract from any of the provisions of this Agreement.
Any award by the mediator/arbitrator shall include a provision that its terms and conditions shall be held in strict confidence and not disclosed except insofar as might be necessary for each of us to fulfill our obligations hereunder, to inform our respective accountants, tax advisors, or counsel, or as required by law or by lawful order or rule of a court of law. In the event that either of us shall be questioned or examined concerning any of the matters formerly in dispute between and among us it is expressly agreed that the only comment that either of us shall make will be that we have reached a satisfactory resolution of this dispute. Furthermore, any award made by the mediator/arbitrator shall provide that neither of us will make, participate in the making of, or encourage any other person to make, any statements, written or oral, that criticize, disparage, or defame the goodwill or reputation of, or which is intended to embarrass or adversely affect, either you or HBI Auto.
In this Agreement, “you” and “your” refer to the customer; and “we,’ “us” and “our” refer to HBI Auto. This Mediation and Arbitration Agreement is, by this reference, incorporated into and becomes a part of the contract under which HBI Auto will render services to you or on your behalf as the same are identified in this document.