PROGRAM OVERVIEW

The National Center for Dispute Settlement ("NCDS") is the neutral administrator of warranty disputes for various manufacturers of consumer products. To protect neutrality and impartiality during the arbitration process, the funding for NCDS staff and its administrative costs are committed in advance by the applicable manufacturer. NCDS staff are independent of the manufacturers. The Arbitrators are neutral, independent contractors and are not employees of NCDS or the manufacturer.

The ESE Carbon Company Limited Warranty has the following provisions:

The limited warranty covers defects in materials and workmanship in wheels purchased directly from ESE Carbon Company (“ESE Carbon”) or any of its authorized distribution partners.

What Does This Limited Warranty NOT Cover?

This Limited Warranty does not cover the following:

• Any defect, malfunction or failure caused by damage in transit, off road use, excessive loads, or by abuse, misuse, accident, potholes, bends, curb rash or negligence.
• Any costs or damages related to transportation to or from ESE Carbon or its authorized dealer/distributor for any warranty service, loss of time, loss of use, towing charges, bus fare, car rental or any other incremental damages.
• Cost to repair or replace other property which is damaged when a wheel is deemed defective.
• Wheels that have been altered or repaired.
• Wheel corrosion or cosmetic flaws occurring after purchase due to chemicals, caustic cleaning agents, climate conditions, car wash damage or neglect.
• Any costs related to mounting and/or balancing.
• Any damage to wheels or vehicle resulting from mounting equipment or incorrect installation, including installation with incorrect tire size or improper torquing of lug nuts or improper fitment. It is the owner’s (and owner’s authorized agent’s) sole responsibility to torque lug nuts to the recommended specifications outlined in the owner’s documentation. ESE Carbon further recommends regular, periodic checking/adjustment of lug nut torque to ensure safety.

What Will ESE Carbon Do in the Event of a Defect?

ESE Carbon will replace a defective wheel at no charge with a new wheel of the same size and type.

What is the Limited Warranty Period of Coverage?

Except as otherwise set forth below, the Limited Warranty on materials and workmanship remains in effect for a period of sixty (60) months from the original date of purchase. The Limited Warranty on the finish/coating of the wheel remains in effect for a period of twenty four (24) months from the date of original purchase.

How Do You File a Limited Warranty Claim?

To file a claim under ESE Carbon’s Limited Warranty, please call, email or write to:

ESE Carbon Company
8950 SW 74^th Court, Suite 2210
Miami, FL  33156
Attn: Warranty Department
Phone: (877) 213-8662, Ext. 717
Email: warranty@ESECarbon.com

All Limited Warranty claims must be made within thirty (30) days of determination of irregularity and accompanied by original proof of purchase. ESE Carbon reserves the right to examine and inspect the wheel(s) prior to replacement of any wheel(s) under this Limited Warranty.

What Will Void This Limited Warranty?

This Limited Warranty will be deemed void upon ESE Carbon or its authorized agent determining that any of the following have occurred:

• The wheel(s) have been improperly mounted and/or balanced on customer’s vehicle.
• Maximum wheel load capacity was exceeded.
• Lug nuts/studs or other hardware used in mounting is deemed improper or incompatible with the wheel.
• The wheel(s) have been altered or modified in any way.

How Are Disputes Handled?

The following informal dispute resolution procedure is available to you if you believe that ESE Carbon has not performed its obligations under this Limited Warranty. You must use this informal procedure before pursuing any legal remedy in the courts. ESE Carbon and you agree to attempt to resolve any disputes amicably. If, after thirty (30) days we are unable to do so, then you and ESE Carbon each agree that any claim or controversy of any sort relating to this Limited Warranty shall be determined by non-binding arbitration administered by the National Center for Dispute Settlement (“NCDS”) pursuant to its Arbitration Program Rules for ESE Carbon Company Limited Warranty Disputes (the “Program Rules”).

You can eFile a dispute claim at www.ncdsusa.org or complete a complaint form on that site and mail, fax or email it to:

National Center for Dispute Settlement
PO Box 515811
Dallas, TX  75251
Fax: (972) 807-9919
Email: info@ncdsusa.org

You may contact NCDS at 866.767.7244 or info@ncdsusa.org for more information on this informal dispute resolution procedure and you may review the Program Rules below.

Please note, to expedite the handling of your claim, we encourage you to eFile your new claim.

You will need to provide the following important information to submit your claim:

1. The Original Vehicle Owner’s complete name and address (as shown on the title of the vehicle);
2. The Vehicle Identification Number (VIN) of the vehicle;
3. The Year, Make, and Model of the vehicle;
4. Copy of the current vehicle registration;
5. Proof of payment for the ESE Carbon wheel(s); and
6. Copies of any/all claim denial documents from ESE Carbon.

It is important that you submit, at a minimum, the detailed information listed above in order to commence your arbitration claim. Once NCDS receives your arbitration claim, a copy will be provided to ESE Carbon. The role of NCDS is to serve as the conduit between the parties for the exchange of documents. NCDS has no decision-making authority in these matters.

What is Arbitration?

Arbitration under the ESE Carbon Company Limited Warranty is a nonbinding process under which ESE Carbon and the Consumer (as defined in the Program Rules) who has filed for arbitration of their warranty claim, will present their respective positions to NCDS. At the time of filing the claim with NCDS, the Consumer will select between a teleconference hearing or a document only hearing.

NCDS will appoint an Arbitrator (as defined in the Program Rules) to review the evidence presented by both ESE Carbon and the Consumer. The Arbitrator will issue a written decision, which will be provided to NCDS, for disbursement to ESE Carbon and the Consumer. The Arbitrator's written decision is nonbinding on both parties; unless the Consumer accepts the decision, and then ESE Carbon shall be bound by the decision.

The NCDS process is to be used prior to filing litigation in a court of law.

Who are the Arbitrators?

The NCDS Arbitrators are neutral, independent contractor individuals with arbitration experience, who are interested in the fair and expeditious resolution of consumer disputes. The Arbitrators are trained by NCDS to conduct arbitrations in accordance with the Code of Ethics for Commercial Arbitrators, and pursuant to the authority as outlined herein, in the Program Rules, and in the ESE Carbon Company Limited Warranty.

The NCDS Arbitrators may or may not have automotive experience. A biography of the appointed Arbitrator will be provided to the parties upon appointment. No Arbitrator will be an employee or agent of either party, and the Arbitrator will have no direct involvement in the manufacture, distribution, sales and/or service of automobiles or aftermarket automobile parts or accessories. NCDS selects the Arbitrator in a neutral manner. If any Arbitrator determines that he or she cannot make an unbiased decision, he or she will be recused from deciding the case.

How will the Arbitrator make the decision?

The Arbitrator will make the decision based solely on the evidence submitted by ESE Carbon and the Consumer. All written submissions will be disbursed to the parties by NCDS for rebuttal statements prior to all written submissions being sent to the Arbitrator. Each party should be prepared to present written evidence to support their position, in writing, to the Arbitrator prior to the scheduled hearing date or prior to the final document submission deadline if a documents-only process is chosen.

Preparing your evidence:

Upon the filing of your claim with NCDS, you should be prepared to submit to NCDS a copy of all documents you wish the Arbitrator to consider. If you have witness statements, it is your obligation to contact the witness for the submission of their written evidence and it is your obligation to submit any witness documents to NCDS.

Documents that may be beneficial to file with your claim would be:

• Copy of all documents regarding the purchase of the ESE Carbon wheels
• Proof of current ownership or lease of vehicle (i.e., sales agreement, lease document, title, and/or current registration)
• Any and all other documents and/or photos that may support your case
• Your written statement/testimony regarding the ESE Carbon product problems
• Why you believe the problems with the ESE Carbon product falls under the ESE Carbon Company Limited Warranty
• Why you believe the problems with the ESE Carbon product are not caused by abuse, neglect or accident; or any of the exclusions noted in the ESE Carbon Company Limited Warranty

The ESE Carbon representative will also address these matters from ESE Carbon’s position. The Arbitrator will render a decision within ten (10) days of the hearing date, or by day 40 of the process, whichever occurs first. NCDS will disburse the decision to the parties thereafter in accordance with the Program Rules.