LG LRFDS3006 Series Owner's Manual page 56

56
LIMITED WARRANTY
PROCEDURE FOR RESOLVING DISPUTES:
EXCEPT WHERE PROHIBITED AT LAW, ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELAnN
IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUG G
BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. EXCEPT WHERE PROHIBITED
H
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, successo~s. assigns and suppliers; references to '_'dispute" or "claim" shall include
any dispute, claim or controversy of any kind whatsoever (whether based_ in contract, tort: ~tatute,
regulation, ordinance, fraud, misrepresentation or any other legal or equ1tab!e t~e?ry) 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 pro~eeding, you must first notify
LG in writing at least
30
days in advance of initiating the arbitration b~ se~ding a ~etter ~o 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 yo_ur claim. "The notice must
provide your name, address, and telephone number; identify the product that 1s 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
arbitration1n 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 th~t 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 Rul_es a_nd Procedures. To begin arbitration of a claim, either you or LG must make a written
dema~d for ar_b1trat1on. The arbitration will be private and confidential, and conducted on a simplified and
expedite~ basis_ bef~re a single arbitrator chosen by the parties under the provincial or territorial
commercial arb!trat1on law and rules of the province or territory of your residence. You must also send a
copy ofyo~r written demand to ~G at LG Electronics, Canada, Inc., Attn: Legal Department-Arbitration, 20
Nor~lc~ Drive, N~rt~ York, Ontar_10 M9~ 2X6. This arbitration provision is governed by your applicable
provm~1al or territorial commerc1~I ~rb1_tr~tion legislation. Judgment may be entered on the arbitrator's
awa~d 1n any court of competent 1ur_1~d1ct1on. All issues are for the arbitrator to decide, except that, issues
relating to the scope a~d enforcea~11ity 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.
Go;ernin~ Law. The law of the province or territory of your purchase shall govern this Limited warranty
a~ any ~1sputes between you and LG except to the extent that such law is reem ted b or inconsistent
w1t_h app!1cab/e federal or provincial/territorial law. Should arbitration not bp
~
d / claim,
action, dispute or controversy between you d LG e perm1tte or any h
courts of the province or territory of an h
'you a nd LG a~orn to the exclusive jurisdiction oft e
controversy between you and LG. your pure ase for the resolution of the claim, action, dispute or
Fees/Costs. You do not need to pay any fee to begin an b' • . .
nd
for arbitration, LG will promptly pay a/I arbitration filing:: itra~ion. Upon receipt of your written _derna
damages, in which case the payment of these fees will be es un ess you seek more than $25,000
,n
Except as otherwise provided for herein, LG will pay all fili;gov:drn~d _by th_e applicabl~ arbitrationfrule~y·
arbitrafon ·
·r
t d · d . , ministration and arbitrator fees or a
. _I
m1 1a e m accor ance with the applicable arbitration rules and th· b' . • · n
rf yoLJ
prevail in the arbitration, LG
will
pay your attorneys' fees and expenses I is ar 1thrat1on prov1s10 b. le
bY
as ong as t ey are reasona ,