Signature Kitchen Suite SKSIT3601G Guide D'utilisation page 47

LIMITED WARRANTY 47
PROCEDURE FOR RESOLVING DISPUTES:
EXCEPT WHERE PROHIBITED AT LAW, ALL DISPUTES BETWEEN YOU AND SIGNATURE KITCHEN SUITE
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 SIGNATURE KITCHEN SUITE 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 "SIGNATURE KITCHEN SUITE" mean Signature
Kitchen Suite, a division of 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
SIGNATURE KITCHEN SUITE in writing at least 30 days in advance of initiating the arbitration by sending a
letter to SIGNATURE KITCHEN SUITE Legal Team at 20 Norelco Drive, North York, Ontario, Canada M9L 2X6
(the "Notice of Dispute"). You and SIGNATURE KITCHEN SUITE 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 SIGNATURE KITCHEN SUITE are unable to resolve the dispute within 30 days of
SIGNATURE KITCHEN SUITE'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 SIGNATURE KITCHEN SUITE both agree
that, during the arbitration proceeding, the terms (including any amount) of any settlement offer made by either
you or SIGNATURE KITCHEN SUITE 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 SIGNATURE KITCHEN SUITE's receipt of the Notice of Dispute, you and SIGNATURE
KITCHEN SUITE agree to resolve any claims between you and SIGNATURE KITCHEN SUITE 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 SIGNATURE KITCHEN SUITE 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 SIGNATURE KITCHEN SUITE 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 SIGNATURE KITCHEN SUITE.