LG LFXS28596 Serie Manual Del Propietário página 69

LIMITED WARRANTY 69
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.