Table of Contents
Advertisement
Arbitration Act. The laws of the State of Texas, without
reference to its choice of laws principles, shall govern the
interpretation of the Limited Warranty and all disputes that are
subject to this arbitration provision. The arbitrator shall decide
all issues of interpretation and application of this arbitration
provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive
of attorney fees and expert witness fees, are $5,000.00 or less
("Small Claim"), the arbitrator may, if you prevail, award your
reasonable attorney fees, expert witness fees and costs as part
of any award, but may not grant SAMSUNG its attorney fees,
expert witness fees or costs unless it is determined that the
claim was brought in bad faith. In a Small Claim case, you
shall be required to pay no more than half of the total
administrative, facility and arbitrator fees, or $50.00 of such
fees, whichever is less, and SAMSUNG shall pay the remainder
of such fees. Administrative, facility and arbitrator fees for
arbitrations in which your total damage claims, exclusive of
attorney fees and expert witness fees, exceed $5,000.00
("Large Claim") shall be determined according to AAA rules.
In a Large Claim case, the arbitrator may grant to the prevailing
party, or apportion among the parties, reasonable attorney fees,
expert witness fees and costs. Judgment may be entered on
the arbitrator's award in any court of competent jurisdiction.
This arbitration provision also applies to claims against
SAMSUNG'S employees, representatives and affiliates if any
such claim arises from the Product's sale, condition or
performance.
You may opt out of this dispute resolution procedure by
providing notice to SAMSUNG no later than 30 calendar days
from the date of the first consumer purchaser's purchase of
the Product. To opt out, you must send notice by e-mail to
optout@sta.samsung.com, with the subject line: "Arbitration
Opt Out." You must include in the opt out e-mail (a) your
name and address; (b) the date on which the Product was
purchased; (c) the Product model name or model number;
and (d) the IMEI or MEID or Serial Number, as applicable, if
you have it (the IMEI or MEID or Serial Number can be found
(i) on the Product box; (ii) on the Product information screen,
which can be found under "Settings;" (iii) on a label on the
back of the Product beneath the battery, if the battery is
removable; and (iv) on the outside of the Product if the battery
is not removable). Alternatively, you may opt out by calling 1-
888-987-4357 no later than 30 calendar days from the date of
the first consumer purchaser's purchase of the Product and
providing the same information. These are the only two forms
of notice that will be effective to opt out of this dispute
resolution procedure. Opting out of this dispute resolution
procedure will not affect the coverage of the Limited Warranty
in any way, and you will continue to enjoy the benefits of the
Limited Warranty.
Severability
If any portion of this Limited Warranty is held to be illegal or
unenforceable, such partial illegality or unenforceability shall
not affect the enforceability of the remainder of the Limited
Warranty.
4B. Manufacturer's Warranty
197
Advertisement
Table of Contents
