Coway Airmega ProX User Manual page 19

TO OBTAIN WARRANTY SERVICE:
Please contact Coway at 1-800-285-0982 between 8:00am
and 5:00pm PT, Monday through Friday, to speak with an
authorized representative of Coway. Your warranty claim file
will be opened, and you will be instructed to send the proof
of purchase, video footage showing the alleged defect and
the product to the address designated by the representative.
Within 45 days from its receipt of said proof, video footage
and the product, Coway will either (i) send you the repaired
or replaced product at no charge to you or (ii) send you
your original product at your costs if your warranty claim
is denied, which will be promptly notified by Coway. THE
PROOF OF PURCHASE, VIDEO FOOTAGE AND THE PRODUCT
SHALL BE RECEIVED BY COWAY WITHIN 30 DAYS AFTER YOUR
WARRANTY CLAIM FILE IS OPENED.
For additional product information, please visit Coway's website at
http://www.cowaymega.com
For further assistance, please write:
Coway USA, Inc. 4221 Wilshire Blvd., STE 210
Los Angeles, CA 90010
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND COWAY 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. BINDING ARBITRATION MEANS THAT YOU
AND COWAY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL
AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions.
For the purposes of this section, references
to "Coway" mean Coway USA, 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 Coway in writing at
least 30 days in advance of initiating the arbitration by sending
a letter to Coway at Coway USA, Inc., Attn: Legal Department-
Arbitration, 4221 Wilshire Blvd., STE 210, Los Angeles, CA 90010.
You and Coway 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
Coway 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 Coway, you and Coway 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 Coway 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
Coway 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.
of a claim, either you or Coway must make a written demand
for arbitration. The arbitration will be administered by the
American Arbitration Association ("AAA") 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 online 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 Coway at Coway USA, Inc., Attn:
Legal Department- Arbitration, 4221 Wilshire Blvd., STE 210, Los
Angeles, CA 90010. 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.
Fees/Costs.
If you prevail in the arbitration, Coway 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 standards
set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all arbitration fees will be governed by the AAA Rules.
In such a situation, you agree to reimburse Coway for all monies
previously disbursed by it which are otherwise your obligation to
pay under the AAA Rules.
To begin arbitration
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