LG LSDTS988 Serie Manuel Du Propriétaire page 59

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LIMITED WARRANTY 59
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 1000 Sylvan Ave, Englewood Cliffs 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
the30 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
1000 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.
Fees/Costs. You do not need to payany fee to begin an arbitration. Upon receipt of your written demand
for arbitration, LG will promptly pay all arbitration filing fees to the AAA unlessyou seek more than $25,000 in
damages, in which case the payment of these feeswill be governed by the AAA Rules. Except as otherwise
provided for herein, LGwill pay all AAA filing, administration and arbitrator fees for any arbitration initiated in
accordance with the AAA 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 standards set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all arbitration fees will be governed by the AAA 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 AAA 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 on thebasis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by