LG LMV1765 Serie Manuel De L'utilisateur page 37

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.
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