*WARNING—How you use your "Automotive" battery can shorten your Warranty Period. If you use your "Automotive" battery in (a) a vehicle used for commercial purposes, (b) a truck over one ton, or (c) a vehicle with a diesel engine (other than a passenger automobile or a pickup truck used for personal purposes), your warranty coverage will be limited to a one-year Free Replacement Period.
Warranty Exclusions and Limitations of Remedy: This limited warranty does not cover batteries that are merely discharged, or that are damaged due to abuse, neglect, misuse, fire, accident, collision, explosion, freezing, theft, overcharging, alteration, improper installation, use of special additives, unauthorized attempt to repair, or failure to keep the battery properly maintained. IB’s liability is limited to the replacement of the battery according to the terms of this limited warranty. IB will not be liable for any punitive, consequential, or incidental damages, such as the cost of installation, towing, electrical system tests, charging a battery, rental vehicles, labor, loss of time, loss of use of a vehicle, lost profits, or damage to property other than the battery. Some States do not allow the exclusion or limitation of these incidental or consequential damages, so the above limitations or exclusions may not apply to the original Customer.
Legal: This limited warranty controls all warranty claims. IB makes no other express warranties.
Notice of Arbitration Agreement and Class Action Waiver
This agreement provides that all disputes between the original Customer and IB will be resolved by BINDING INDIVIDUAL ARBITRATION. THE ORIGINAL CUSTOMER GIVES UP HIS/HER RIGHT TO GO TO COURT, EXCEPT for matters that may be taken to small claims court. In arbitration, the original Customer and IB agree to WAIVE THE RIGHT TO A TRIAL BY JURY. The original Customer and IB also WAIVE the right to participate in a class-action lawsuit or class-action arbitration. See www.adr.org or call 800.778.7879 for information about how to initiate arbitration and the procedures that will be used.
Mandatory and Binding Individual Arbitration: In accordance with the Federal Arbitration Act, the original Customer and IB agree to arbitrate — on an individual basis only — any claim or dispute that is related to the purchase, use, performance, warranty, or return of his/her battery. The original Customer and IB will submit any such dispute to final, binding individual arbitration before the American Arbitration Association, or if the American Arbitration Association is not available, JAMS, www.jamsadr.com. Unless the original Customer and IB agree otherwise, any arbitration hearings will take place in the county (or parish) of the original Customer’s residence. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, as modified by this Mandatory and Binding Individual Arbitration provision, but in no event shall any American Arbitration Association rule or procedure be used that would allow for arbitration to proceed on a class action or other aggregate basis. The original Customer and IB give up the right to go to court, except that either the original Customer or IB may bring an individual action in small claims court. Otherwise, this Mandatory and Binding Individual Arbitration provision shall be a complete defense to any suit, action, or proceeding in any federal, state, or local court or before any administrative tribunal with respect to such disputes. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority and jurisdiction to resolve any such disputes. The arbitrator’s authority specifically includes disputes relating to the scope or applicability of this Mandatory and Binding Individual Arbitration provision or the interpretation, applicability, enforceability, or formation of this limited warranty, including but not limited to any claim that all or any part of this limited warranty is void or voidable. Arbitrator decisions are enforceable and are subject to very limited review by a court. Judgment on an award rendered in arbitration may be entered in any court having jurisdiction. This Mandatory and Binding Individual Arbitration provision applies to the full extent allowed by law, except where prohibited by State or federal law.
Class Action Waiver: The original Customer and IB further agree that any claim or dispute between the original Customer and IB that is related to the purchase, use, performance, warranty, or return of his/her battery will only be asserted in an individual capacity. The original Customer and IB will not pursue any class arbitration, class action, or other aggregate or representative proceeding seeking relief on behalf of anyone other than the original Customer.
Statute of Limitations: Any action, arbitration, or other proceeding based on any claim or dispute that might arise between the original Customer and IB that is related to the purchase, use, performance, warranty, or return of his/her battery must be commenced within 2 years after the events giving rise to that claim.
Choice of Law: IB is headquartered in Dallas, Texas. The original Customer and IB agree that the law of Texas will apply to any claims or disputes between the original Customer and IB involving the purchase, use, performance, warranty, or return of the original Customer’s battery. This choice-of-law provision is intended to be given the broadest possible scope and applied to all claims and disputes, without regard to conflict of laws rules.
Some Limitations May Not Apply in Particular Jurisdictions: Some States may not allow certain provisions of this limited warranty, so these provisions may not apply to the original Customer. No provision is intended to limit, modify, take away from, disclaim, or exclude any mandatory warranty requirements provided by any State, unless permitted by that State’s law or federal law. This warranty gives the original Customer specific legal rights, and the original Customer may also have other legal rights, which vary from State to State.
Severability: If any provision of this limited warranty is held unenforceable, all remaining provisions of this limited warranty shall remain in full force and effect — except that if a claim or dispute is presented as a class arbitration, class-action lawsuit, or as any other aggregate or representative-type proceeding and the Class Action Waiver provision is found to be invalid or unenforceable, then the Mandatory and Binding Individual Arbitration provision shall also become null and void, and the claim or dispute will be decided by a court.
California Residents Only: To find an Authorized Provider in California, see the section above, “What To Do.” If there is not an Authorized Provider within California or an Authorized Provider does not make service literature and replacement parts available to authorized service and repair facilities in California during the express warranty period, then California residents may take the battery to an independent repair facility, if service or repair can be economically accomplished, at IB’s expense.
California Proposition 65 Warning: Batteries, battery posts, terminals and related accessories contain lead and lead compounds, and other chemicals known to the State of California to cause cancer, birth defects and reproductive harm. Wash hands after handling!
Contact: For more information on obtaining a replacement battery or on the administration of this limited warranty, contact: 800-AAA-HELP (800-222-4357). For any limited warranty questions, contact: Interstate Batteries, Customer Service, 12770 Merit Drive, Suite 300, Dallas, Texas 75251, or call 1-888-912-6678.