Table of Contents
Advertisement
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING IN ANYWAY TO
THIS
LIMITED WARRANTY OR THE PRODUCT SHALL
BE
RESOLVED EXCLUSIVELYTHROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS
THAT
YOU AND LG ARE EACH WAIVING THE RIGHTTO 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 U.S.A., 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 LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration 111 Sylvan
Avenue, Englewood
Cliffs, NJ 07632, USA. 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, either party may proceed to file
a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver.
Upon failure to resolve the dispute during the 30 day period after sending
written notice to LG, you and LG agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt
out as provided below. 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, 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.
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 administered by the American Arbitration Association
("AAf\')
and will be conducted before a single arbitrator under
the AAA's Consumer Arbitration Rules that are
in
effect at
the
time the arbitration is initiated
(referred
to as the
"AAA
Rules") and under the
procedures set forth
in
this section. The AAA Rules are available on line at www.adr.org/consumer. Send a copy of your written demand for
arbitration,
as
well as a
copy
of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written
demand to LG at LG Electronics, USA,
Inc.
Attn: Legal Department-Arbitration 111 Sylvan Avenue, Englewood Cliffs, NJ 07632, USA.
If
there is a
conflict between the AAA Rules and the rules set forth in this
section,
the rules set forth in this section will govern. This arbitration provision
is
governed by the Federal Arbitration Act. 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 state of your residence shall govern this Limited Warranty and any disputes between us except to the extent
that such
law
is preempted by or inconsistent with applicable federal law.
Advertisement
Table of Contents
