Publicité
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
thesefeeswillbegovernedbytheapplicablearbitrationrules.Exceptasotherwise
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
theapplicablearbitrationrules.Exceptasotherwiseprovidedfor,LGwaivesany
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
tothearbitrator,(2)throughatelephonichearing,or(3)byanin-personhearing
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-personarbitrationhearingswillbeheldatthenearest,mostmutually-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
Safety Guidelines
196
Publicité
