LG WM1385HW Owner's Manual page 43

43
WARRANTY
PROCEDURE FOR RESOLVING DISPUTES:
EXCEPT WHERE PROHIBITED AT LAW, ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING
IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH
BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. EXCEPT WHERE PROHIBITED AT
LAW, YOU AND LG BOTH IRREVOCABLY AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR
PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to "LG" mean LG Electronics Canada, Inc., its parents,
subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in
interest, successors, assigns and suppliers; references to "dispute" or "claim" shall include any dispute, claim
or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud,
misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition
or performance of the product or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify LG in
writing at least 30 days in advance of initiating the arbitration by sending a letter to LGECI Legal Team at 20
Norelco Drive, North York, Ontario, Canada M9L 2X6 (the "Notice of Dispute"). You and LG agree to engage in
good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address,
and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and
the relief being sought. If you and LG are unable to resolve the dispute within 30 days of LG's receipt of the Notice
of Dispute, the dispute shall be resolved by binding arbitration in accordance with the procedure set out herein.
You and LG both agree that, during the arbitration proceeding, the terms (including any amount) of any settlement
offer made by either you or LG will not be disclosed to the arbitrator until the arbitrator determines the dispute.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day
period after LG's receipt of the Notice of Dispute, you and LG agree to resolve any claims between you and LG only
by binding arbitration on an individual basis, unless you opt out as provided below, or you reside in a jurisdiction
that prevents full application of this clause in the circumstances of the claims at issue (in which case if you are
a consumer, this clause will only apply if you expressly agree to the arbitration). To the extent permitted by
applicable law, any dispute between you and LG shall not be combined or consolidated with a dispute involving
any other person's or entity's product or claim. More specifically, without limitation of the foregoing, except
to the extent such a prohibition is not permitted at law, any dispute between you and LG shall not under any
circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring
an individual action in small claims court, but that small claims court action may not be brought on a class or
representative basis except to the extent this prohibition is not permitted at law in your province or territory of
jurisdiction as it relates to the claims at issue between you and LG.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or LG must make a written demand
for arbitration. The arbitration will be private and confidential, and conducted on a simplified and expedited basis
before a single arbitrator chosen by the parties under the provincial or territorial commercial arbitration law and
rules of the province or territory of your residence. You must also send a copy of your written demand to LG at
LG Electronics, Canada, Inc., Attn: Legal Department- Arbitration, 20 Norelco Drive, North York, Ontario M9L 2X6.
This arbitration provision is governed by your applicable provincial or territorial commercial arbitration legislation.
Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. All issues are for the
arbitrator to decide, except that, issues relating to the scope and enforceability of the arbitration provision and to
the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Governing Law. The law of the province or territory of your purchase shall govern this Limited Warranty and
any disputes between you and LG except to the extent that such law is preempted by or inconsistent with
applicable federal or provincial/territorial law. Should arbitration not be permitted for any claim, action, dispute or
controversy between you and LG, you and LG attorn to the exclusive jurisdiction of the courts of the province or
territory of your purchase for the resolution of the claim, action, dispute or controversy between you and LG.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of your written demand for
arbitration, LG will promptly pay all arbitration filing fees unless you seek more than $25,000 in damages, in which
case the payment of these fees will be governed by the applicable arbitration rules. Except as otherwise provided
for herein, LG will pay all filing, administration and arbitrator fees for any arbitration initiated in accordance with
the applicable arbitration rules and this arbitration provision. If you prevail in the arbitration, LG will pay your
attorneys' fees and expenses as long as they are reasonable, by considering factors including, but not limited to,
the purchase amount and claim amount. Notwithstanding the foregoing, if applicable law allows for an award of
reasonable attorneys' fees and expenses, an arbitrator can award them to the same extent that a court would. If the
arbitrator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an
improper purpose (as measured by the applicable laws), then the payment of all arbitration fees will be governed
by the applicable arbitration rules. In such a situation, you agree to reimburse LG for all monies previously
disbursed by it that are otherwise your obligation to pay under the applicable arbitration rules. Except as otherwise
provided for, LG waives any rights it may have to seek attorneys' fees and expenses from you if LG prevails in the
arbitration.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely
(1) on the basis of documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person
hearing as established by the applicable arbitration rules. If your claim exceeds $25,000, the right to a hearing will
be determined by the applicable arbitration rules. Any in-person arbitration hearings will be held at the nearest,
most mutually-convenient arbitration location available within the province or territory in which you reside unless
you and LG both agree to another location or agree to a telephonic arbitration.
Severability and Waiver. If any portion of this Limited Warranty (including these arbitration procedures) is
unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by
applicable law. Should LG fail to enforce strict performance of any provision of this Limited Warranty (including
these arbitration procedures), it does not mean that LG intends to waive or has waived any provision or part of this
Limited Warranty.