Please Note: A cancellation fee applies to all reserved sales
All controversies, claims, disputes or counterclaims, whether involving a disagreement about meaning, interpretation, application, performance, breach, termination, enforce-ability or validity and whether based on statute, tort, contract, common law or otherwise for which a federal or state court or an administrative agency would be authorized to grant relief (individually, a “Claim” or collectively, “Claims”) shall be resolved by binding arbitration in Lexington, NC. If the parties are unable to settle the dispute the grieving party shall notify the other party in writing. This notification will initiate a thirty (30) day cooling-off period. After the cooling-off period, the grieving party may notify the other party in writing, of his desire to submit the matter to dispute resolution via binding arbitration.
The parties shall attempt to mutually agree upon an arbitrator. If the parties are unable to agree upon an arbitrator within ten (10) calendar days of the demand for arbitration, they shall choose an arbitrator from a panel provided by the State (NC) mediation by alternately striking names on the list. Such panel shall have no fewer than seven (7) names. A coin toss will decide which party will have the first strike. The arbitrator shall not have the power to add to or modify any of the terms, conditions, sections or articles to the Agreement or ESC Brands Inc., Terms and Conditions. The arbitrator’s decision shall not go beyond what is necessary for the interpretation and application of the Agreement or ESC Brands Inc., Terms and Conditions in the case of the specific grievance at issue. The fees and expenses of the arbitrator shall be borne equally by the parties except where one of the parties to the agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge.
The postponing party shall pay such charge unless such postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the parties. A joint postponement request shall be borne equally by the parties. The parties are responsible for their own attorney fees and attorney fees may not be awarded by the arbitrator. Nothing in this section precludes the parties from mutually agreeing upon other means of deciding matters upon which there has been disagreement.
Customers/Visitors agree to this Notice of Terms and Conditions, and as a pre-condition to admittance to ESC Brands Inc., sales and services.