27
EN
PROCEDURE FOR RESOLVING DISPUTES:
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. BINDING ARBITRATION
MEANS THAT YOU AND LG 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 “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.
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
(“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 LG at LG Electronics,
USA, Inc. Attn: Legal Department- Arbitration 111 Sylvan Avenue, Englewood Cliffs, NJ 07632. 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.
To Next Page
Loading...
