SUMMARY OF ARBITRATION PROVISIONS

This Safe Limited Warranty is subject to binding arbitration and class action waiver terms that apply to U.S. residents. Buyer and Empire (defined below) agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury. Please see Section 6 below for details.

LIMITED WARRANTY ON SAFES:

Subject to all the other terms and conditions of this safe limited warranty (“Safe”) (this “Safe Limited Warranty”), Empire Safe Co. Inc. (“Empire”) is proud of the workmanship of the Products (defined below) you, the original buyer (the “Buyer”) have just purchased. Empire warrants to the Buyer that each Safe will be free from defects in material and workmanship for a period of 1 year from the date of actual installation. If there is a defect in either materials or workmanship during this warranty period, Empire will repair or replace the Buyer’s Safe at no cost to the Buyer. This Safe Limited Warranty does not include the Lock (defined below) or Accessories (defined below).

LIMITED WARRANTY ON LOCK:

Subject to all the other terms and conditions of this Safe Limited Warranty, Mechanical Locks (including dial and ring): The mechanical lock (and parts thereof) installed (on the Safe are warranted to the Buyer to be free from defects in workmanship and materials for a period of 3 months from the date the Safe was installed or from the date a new replacement lock (or parts thereof) is/are installed on the Safe. Electronic Locks (including Keypad): The electronic lock and keypad (and parts thereof) installed on the Safe are warranted to the Buyer to be free from defects in workmanship and materials for a period of 3 months from the date the Safe was installed or from the date a new replacement Lock or Keypad (or parts thereof) is/are installed on the Safe, as applicable.

LIMITED WARRANTY ON Accessories:

Subject to all the other terms and conditions of this Safe Limited Warranty, Accessories are warranted to the Buyer to be free from defects in workmanship and materials for a period of 6 months from the date the Safe and /or Accessory is installed. Accessories include, but are not limited to, the following: shelves, custom cabinetry, jewelry tray Inserts, jewelry storage trays, foam watch inserts and custom paint finishes.

Exclusions and Limitations on This Safe Limited Warranty and Other Terms and Conditions:

1. Exclusive Remedy: Subject to the other terms and conditions of this Safe Limited Warranty, Empire’s sole and exclusive obligation and the Buyer’s sole and exclusive remedy under this Safe Limited Warranty is limited to repair (including labor) or replacement, at Empire’s option, of any Product (defined below) or part that is returned and proves to be defective or damaged during the applicable warranty period. Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
2. Exclusions: THIS SAFE LIMITED WARRANTY COVERS AND APPLIES ONLY TO THE EMPIRE SAFES, LOCKS AND
   ACCESSORIES (AND PARTS THEREOF) (COLLECTIVELY, “PRODUCT”), AND DOESN’T COVER OR APPLY TO THE
   CONTENTS OF THE SAFE.This Safe Limited Warranty does not cover or apply to a Product that has been accidentally damaged, tampered with, misused, abused, neglected or subjected to unusual or extreme conditions and/or environments, or to unreasonable wear and tear, or user error in the operation of the Product.This Safe Limited Warranty does not cover or apply to Product defects caused by disassembly, modification, alteration, repair or service of a Product without prior authorization of Empire. If repairs or service to or for a Product are made other than by Empire or an authorized service representative of Empire, this Safe Limited Warranty shall be automatically void.
3. Limitation of Liability: EMPIRE SHALL NOT IN ANY EVENT BE LIABLE WHATSOEVER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOST SAVINGS, LOST DOCUMENTS OR OTHER CONTENTS OF THE SAFE, LOST DATA, LOSS OF USE OF ALL OR ANY PART OR PORTION OF A PRODUCT, LOSS OF OR USE OF ANY ASSOCIATECD EQUIPMENT OR COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, COST OF CAPITAL, DOWNTIME, OR CLAIMS, LOSS, DAMAGE OR INJURY (COLLECTIVELY, “CLAIMS”) OF OR TO BUYER OR OF OR TO ANY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CUSTOMERS, GUESTS OR INVITEES), AND ANY CLAIMS DUE TO FIRE, WATER, THEFT OR VANDALISM) TO PERSONS OR PROPERTY (INCLUDING, WITHOUT LIMITATION, FOR THE VALUE OF CONTENTS STORED IN THE SAFE) BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY OR BASIS DUE TO, ARISING OR RESULTING FROM THE BREACH OF THIS OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES APPLICABLE TO A PRODUCT, EVEN IF EMPIRE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH CLAIMS. EMPIRE’S TOTAL AND AGGREGATE LIABILILTY TO THE BUYER FOR ANY AND ALL CLAIMS SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE PRODUCT. SOME STATES, PROVINCES, AND COUNTRIES DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER AND LIMITATION MAY NOT APPLY TO YOU.
4. No Other Warranties: This Safe Limited Warranty is understood and agreed to be the complete and exclusive understanding and agreement between Empire and the Buyer, superseding and replacing all prior agreements, oral or written, and all other communications between Empire and the Buyer, involving or relating to the subject matter of this Safe Limited Warranty. No  employee, contractor, agent, representative or dealer of Empire or any other party is authorized to make or imply any warranty in addition to those set forth in this Safe Limited Warranty or to make or imply any representation, promise or agreement that varies, modifies, alters or changes any of the terms and conditions of this New Safe Limited Warranty.FOR OPTIMAL SECURITY AND PROTECTION, SAFES UNDER 700 LBS. SHOULD BE BOLTED TO THE FLOOR.EXCEPT FOR THE ABOVE WARRANTIES, EMPIRE MAKES NO WARRANTY TO THE BUYER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES, PROVINCES, AND COUNTRIES DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER AND LIMITATION MAY NOT APPLY TO YOU.
5. Severability: All of the provisions of this Safe Limited Warranty are separate and severable. If any provision of this Safe Limited Warranty is found to be invalid or unenforceable by any judgment or under any statute, regulation, ordinance or other rule of law (collectively, “Laws”), such provision shall be deemed reformed or deleted, but only to the extent necessary to comply with such Laws, and the remaining provisions of this Safe Limited Warranty shall remain in full force and effect.
6. BINDING ARBITRATION AND CLASS ACTION WAIVER: Empire hopes that the Buyer and Empire never have a dispute, but if this occurs, the Buyer and Empire hereby irrevocably and unconditionally covenant and agree to try for sixty (60) days, upon receipt of a Notice, to resolve the dispute informally. If not, the Buyer and Empire hereby irrevocably and unconditionally agree to binding individual arbitration before the American Arbitration Association (“AAA”) at its New York County, New York offices under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a single neutral arbitrator will decide, and the arbitrator’s decision will be final, except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
   
   1. Disputes Covered-Everything. The term “dispute” is as broad as it can be. It includes any claim or controversy between the Buyer and Empire due to any act or omission or involving or concerning, without limitation, the Products, the Quotation, the Sales Order, these Product Terms, the Warranty, the Privacy Policy, the Accessibility Policy or the Website Terms of Use, under any legal theory including contract, warranty, tort, statute or regulation.
   2. Send a Notice of Dispute Before Arbitration. If the Buyer has a dispute that Empire’s staff can’t resolve and the Buyer wishes to pursue arbitration, the Buyer must first send a Notice of dispute to Empire Safe Co. Inc., Attn.: Chief Operating Officer at 6 East 39th Street, New York, New York 10016.
   3. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the Buyer is an individual and uses or intends to use the Products for personal or household use, or if the value of the dispute is less than $75,000, whether or not the Buyer is an individual or how the Buyer uses the Products, its Consumer Arbitration Rules). The AAA’s Mass Arbitration Supplementary Rules, as modified by this Section 6, will apply in “Related Cases” (defined below) For more information, see www.adr.org. This Section 6 and these Purchases Terms govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, the Buyer shall give Notice to Empire. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference, unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will exclusively take place in New York County, New York. The arbitrator may award the same damages to the Buyer individually as a court could. The arbitrator may award damages only to the Buyer individually to satisfy the Buyer’s individual claim, but not damages that would affect non-parties.The arbitrator rules on all issues except that a court has exclusive authority: (i) to decide arbitrability, as well as formation, existence, scope, validity and enforceability of this arbitration agreement; (ii) to decide whether the Parties have complied with the pre-arbitration requirements (including the Notice of dispute and demand for arbitration); (iii) to enforce the prohibition on class, representative, private attorney-general, or combine actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this Section 6. A court shall also have exclusive jurisdiction to adjudicate actions for equitable relief under Section 8 below.If the Buyer’s Notice of dispute involves claims similar to those of at least 24 other customers, and if Buyer and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, the Buyer and Empire hereby irrevocably and unconditionally agree that these claims will be “Related Cases”. The Buyer and Empire agree that the AAA’s Mass Arbitration Supplementary Rules in effect when the demand for arbitration is filed, as modified by this Section 6, will apply to Related Cases. A process of batches individual arbitrations will be used until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitration that do not comply with this paragraph.
   4. Arbitration Fees and Payments. The AAA rules will govern payment of filing fees and the AAA’s arbitrator’s fees and expenses.
7. Governing Law: The Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and will not apply.
8. Equitable Relief: Subject to Section 6 above (Binding Arbitration and Class Action Waiver) Buyer and Empire acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under the Agreement would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other judicial relief that may be available, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law or in equity, or otherwise.