LG LTNC11131V Manuel D'utilisation page 26

26 LIMITED WARRANTY
•Any noises associated with normal operation of the Product;
•Replacement of light bulbs, filters, fuses or any other consumable parts;
•Replacement of any part that was not originally included with the Product;
•Costs associated with removal and/or reinstallation of the Product for repairs; and
•Shelves, door bins, drawers, handle and accessories to the Product, except for internal/functional parts covered under this
Limited Warranty.
•Coverage for "in Home" repairs, for products in-warranty, will be provided if the Product is within a 150 km radius from the
nearest authorized service center (ASC), as determined by LG Canada. If your Product is located outside a 150 km radius from
a ASC, as determined by LG Canada, it will be your responsibility to bring the Product, at your sole expense, to the ASC for
in-warranty repair.
All costs and expenses associated with the above excluded circumstances, listed under the heading, This Limited Warranty
Does Not Cover, shall be borne by the consumer. TO OBTAIN WARRANTY SERVICE AND ADDITIONAL INFORMATION,
PLEASE CALL OR VISIT OUR WEBSITE:Call 1-888-542-2623 (7 A.M. to 12 A.M., 365 days a year) and select the appropri-
ate option from the menu, or. Visit our website at http://www.lg.com
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 accor-
dance 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 arbitra-
tion 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, adminis-
tration 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