HOW REPLACEMENT CHARGES ARE CALCULATED
Passenger and Light Truck Tires
A tire which becomes unserviceable due to a condition covered by this
workmanship and materials limited warranty will be replaced with a
comparable new MICHELIN® tire, free of charge, when 2/32 nds of an
inch (1.6 mm) or less of the original tread is worn, (or 25% or less,
whichever is more beneficial to the user) and within 12 months of the
date of purchase. Mounting and balancing of the tire is included.You pay
the cost of any other service charges and applicable taxes. When more
than 2/32 nds of an inch (1.6 mm) of original tread has been worn (or
more than 25%, whichever is more beneficial to the user) or after 12
months from the date of purchase, you must pay the cost of a comparable
new MICHELIN® passenger or light truck replacement tire on a pro rata
basis. The retailer will determine the charge by multiplying the percent-
age of the original usable tread worn, by the current selling price at the
adjustment location or the price in the current MICHELIN® Base Price
List, whichever is lower. This list is based on a predetermined price
intended to fairly represent the actual selling price of the tire. You pay the
cost of mounting, balancing and any other service charges and appli-
cable taxes.
Treadwear
A tire meeting the conditions for pro rata replacement, which wears evenly
across the tread, down to the tread wear indicators (2/32nds of an inch
tread remaining) within 6 years of the date of purchase, and before
delivering the warranted miles of service, will be replaced with a compa-
rable new MICHELIN® tire based on mileage received. The participating
MICHELIN® tire retailer will determine the charge by multiplying the
percent of mileage received by the current actual selling price at the
adjustment location or the price of the tire in the current Michelin Base Price
List, whichever is lower. This list is based on a predetermined price
intended to fairly represent the actual selling price of the tire. You pay the
cost of mounting, balancing and any other dealer services and applicable
taxes. Tires which wear out evenly before delivering the warranted mileage
will be replaced on a pro rata basis only if:
1. You are the original purchaser of the tires, you own the vehicle on which they were originally installed, and the tires have been used only
on that vehicle;
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2. The tires have been rotated and inspected by a participating MI-CHELIN® tire retailer every 7,500 miles, and the attached Mounting
and Rotation Service Record has been fully completed and signed;
3. The completed Service Record form, Original Owner/Tire Installation Information form, and the Original Invoice are presented to a partici-
pating Michelin tire retailer at the time of adjustment claim; and
4. The tires have not become unserviceable due to a condition listed under.
MICHELIN
WHAT IS NOT COVERED
WHAT YOU MUST DO WHEN MAKING A CLAIM When making
a claim under the terms of this limited warranty, you must present
your tire(s) to a participating Michelin retailer. The vehicle on
which the tires were used must be available for inspection. Michelin
tire retailers are listed in the yellow pages under “Tire Dealers-
Retail”. Personal identification (i.e. Driver’s License, Credit Card,
etc.) and vehicle registration may be required. Yo u pay service
charges for normal
vehicle and tire maintenance.
CONDITIONS AND EXCLUSIONS
This limited warranty does not provide compensation for loss of time,
loss of use of vehicle, inconvenience or incidental or consequential
damages. Ti re s presented for claim remain the property of the consumer
and Michelin accepts no responsibility for loss or damage to tires which
are in the custody or control of a Michelin tire retailer for the
purpose of
inspection for warranty adjustment.
In the event of a disputed claim, the consumer must make the tire
available for further inspection.
Ti re s accepted for claim become the property of Michelin North America,
Inc.
No Michelin representative, employee or retailer has the authority to
make or imply any representation, promise or
agreement, which in any
way varies from the terms of this warranty.
This warranty applies only in the United States and Canada.
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SAFETY MAINTENANCE INFORMATION
Read your Tire Owner ’s Manual, the information on the sidewall of your
tires, your vehicle owner ’s manual and vehicle tire information placard
for essential safety and maintenance information. When service is
required:
1. Contact a participating Michelin tire retailer listed in your local yellowpages.
2.
If additional assistance in locating a participating Michelin tire retailer is
required, please call the phone number listed for your area on page
184.
WARNING!
DISREGARDING ANY OF THE SAFETY PRECAUTIONS AND
INSTRUCTIONS CONTAINED IN THIS MANUAL MAY RESULT
IN TIRE FAILURE OR EXPLOSION CAUSING SERIOUS
PERSONAL INJURY OR DEATH.
ARBITRATION CLAUSE
RESOLUTION OF DISPUTES
ALL CLAIMS ARISING FROM THIS LIMITED WARRANTY OR THE
MARKETING, SALE OR PERFORMANCE OF THE PURCHASED PROD-
UCT AGAINST MICHELIN NORTH AMERICA, INC. AND ITS AGENTS,
EMPLOYEES, DEALERS, AFFILIATES, PARENT OR SISTER CORPORA-
TIONS, RELATED CORPORATE ENTITIES, PREDECESSORS, SUCCES-
SORS OR ASSIGNS (HEREINAFTER COLLECTIVELY “MICHELIN”)
SHALL BE SUBJECT TO BINDING ARBITRATION. You and Michelin
acknowledge your and its right to litigate claims, disputes and controversies
arising out of or in connection with this limited warranty or the marketing,
sale or performance of the purchased product in court, but prefer to resolve
any such claims, disputes and controversies through arbitration and hereby
waive the right to litigate such claims, disputes and controversies in court
upon election of arbitration by either party. Therefore, you and Michelin
agree that all claims, disputes, and controversies between you and Michelin
arising out of or in connection with this limited warranty, or any other
warranties, express or implied, including a failure of warranty, or any claims
arising out of or in connection with the marketing, sale or performance of the
purchased product, including but not limited to claims for consumer fraud or
brought under any consumer protection statute, but excluding claims for
personal injury or property damage, shall be finally resolved solely by
MICHELIN
165
arbitration, upon election by either party, according to the formal dispute
resolution procedures then in effect of the National Arbitration Forum, or if
the National Arbitration Forum is no longer conducting such arbitrations, a
successor organization thereto or such other private arbitration service as you
and Michelin North America, Inc. shall mutually agree (the actual authority
involved, the “Arbitral Body”). The Arbitral Body shall decide the issues
submitted in accordance herewith, provided that all substantive questions of
law will be determined under the laws of the State in which you purchased
the product at issue. You agree that no claim subject to arbitration shall be
arbitrated as a class action, or on a class-wide or representative basis, or on
behalf of the general public, or on behalf of other persons that may be
similarly situated. You agree that you do not have the right to act as a private
attorney general, a class representative, or to participate as a member of a
class of claimants with any claim subject to arbitration. You further agree that
no claim subject to arbitration shall be heard by a jury and that any judgment
or award of the Arbitral Body will be final and not subject to judicial review.
All arbitrations will be conducted as document hearings. Each party shall
bear its own costs arising from and associated with the document hearing
with MICHELIN the exception of the arbitrator ’s fee which will be borne by
all parties in equal shares. If either party requests any procedures beyond a
document hearing, the requesting party will be responsible for all fees,
including filing and administrative fees, above and beyond the fees required
for document hearings. Any award of the arbitrator(s) may be entered as a
judgment and shall be enforceable in any court of competent jurisdiction. The
arbitrators will have no authority to award punitive or other damages not
measured by the prevailing party’s actual damages, except as may be
required by statute. Information about arbitration may be obtained and
claims may be filed at any office of the National Arbitration Forum or at P.O.
Box 50191, Minneapolis, MN 55405.
TIRE DISABLEMENT
SAFETY WARNING
Any tire may fail as a result of an improperly repaired puncture, impact
damage, improper inflation, overloading or other conditions resulting
from use or misuse. Tire failures, such as a rapid air loss or a tread and
belt detachment, may increase risk of injury or death and/or property
damage. To reduce the risk of a tire failure, Michelin recommends you
thoroughly read and follow the recommendations in the Michelin
Owner ’s Manual, vehicle owner ’s manual, tire placard information, and
tire sidewall information regarding safety warnings, proper tire use and
maintenance.
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