Nokia RM-1078 Manual page 21

(a) Disputes Involving $75,000 or Less. Manufacturer will promptly
reimburse your filing fees and pay the AAA's and arbitrator's fees and
expenses. If you reject Manufacturer's last written settlement offer
made before the arbitrator was appointed ("Manufacturer's last
written offer"), your dispute goes all the way to an arbitrator's
decision (called an "award"), and the arbitrator awards you more than
Manufacturer's last written offer, Manufacturer will: (i) pay the greater
of the award or $1,000; (ii) pay twice your reasonable attorney's fees,
if any; and (iii) reimburse any expenses (including expert witness fees
and costs) that your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration. The arbitrator will
determine the amount of fees, costs, and expenses unless you and
Manufacturer agree on them.
(b) Disputes Involving More Than $75,000. The AAA rules will govern
payment of filing fees and the AAA's and arbitrator's fees and
expenses.
(c) Disputes Involving Any Amount. In any arbitration you commence,
Manufacturer will seek its AAA or arbitrator's fees and expenses, or
your filing fees it reimbursed, only if the arbitrator finds the
arbitration frivolous or brought for an improper purpose. In any
arbitration Manufacturer commences, Manufacturer will pay all filing,
AAA, and arbitrator's fees and expenses. Manufacturer will not seek
its attorney's fees or expenses from you in any arbitration. Fees and
expenses are not counted in determining how much a dispute
involves.
7 Conflict with AAA Rules. This warranty governs to the extent it
conflicts with AAA's Commercial Arbitration Rules and Supplementary
Procedures for Consumer-Related Disputes.
8 Claims or Disputes Must Be Filed Within One Year. To the extent
permitted by law, any claim or dispute to which Section 6 applies must
be filed within one year in small claims court, an arbitration
proceeding, or in court, if Section 6 permits the dispute to be filed in
court instead of arbitration. The one-year period begins when the
claim or Notice of Dispute first could be filed. If such a claim or dispute
is not filed within one year, it is permanently barred.
9 Severability. If the class action waiver in Section 6.4 is found to be
illegal or unenforceable as to all or some parts of a dispute, then
Section 6 will not apply to those parts. Instead, those parts will be
severed and proceed in a court of law, with the remaining parts
proceeding in arbitration. If any other provision of Section 6 is found
to be illegal or unenforceable, that provision will be severed with the
remainder of this Section 6 remaining in full force and effect.
7. OTHER IMPORTANT NOTICES
For further information on your Warranty, as well as information
needed to process your warranty queries, please visit
www.nokia.com.
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