LG LMC0975 Série Manuel Du Propriétaire page 31

LIMITED WARRANTY 31
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.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely
(1) on the basis of documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person
hearing as established by the applicable arbitration rules. If your claim exceeds $25,000, the right to a hearing will
be determined by the applicable arbitration rules. Any in-person arbitration hearings will be held at the nearest, most
mutually-convenient arbitration location available within the province or territory in which you reside unless you and LG
both agree to another location or agree to a telephonic arbitration.
Severability and Waiver. If any portion of this Limited Warranty (including these arbitration procedures) is
unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by
applicable law. Should LG fail to enforce strict performance of any provision of this Limited Warranty (including these
arbitration procedures), it does not mean that LG intends to waive or has waived any provision or part of this Limited
Warranty.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LG can require the other to
participate in an arbitration proceeding. To opt out, you must send notice to LG no later than 30 calendar days from the
date of the first consumer purchaser's purchase of the product by either (i) sending an e-mail to optout@lge.com, with
the subject line: "Arbitration Opt Out;" or (ii) calling 1-800-980-2973. You must include in the opt out e-mail or provide by
telephone: (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 serial number (the serial number can be found (i) on the product; or (ii) online by accessing https://www.lg.com/
ca_en/support/repair-service/schedule-repair and clicking on "Find My Model & Serial Number").
In the event that you "Opt Out", the law of the province or territory of your residence 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 agree to attorn to the exclusive jurisdiction of the courts of the province or territory of
your residence for the resolution of the claim, action, dispute or controversy between you and LG.
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or
telephone); no other form of notice 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 full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and
conditions of the arbitration provision described above.
Conflict of Terms. In the event of a conflict or inconsistency between the terms of this Limited Warranty and the End
User License Agreement ("EULA") in regards to dispute resolution, the terms of this Limited Warranty shall control and
govern the rights and obligations of the parties and shall take precedence over the EULA.