Loading ...
Loading ...
Loading ...
38 LIMITED WARRANTY
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.
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 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-
person arbitration hearings will be held at the nearest, most mutually-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 LG fail to enforce strict performance of any
provision of this Limited Warranty (including these arbitration procedures), it does not mean that LG
intends to waive or has waived any provision or part of this Limited Warranty.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LG
can require the other to participate in an arbitration proceeding. To opt out, you must send notice to
LG no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the
product by either (i) sending an e-mail to [email protected], with the subject line: “Arbitration Opt Out;”
or (ii) calling 1-800-980-2973. You must include in the opt out e-mail or provide by telephone: (a) your
name and address; (b) the date on which the product was purchased; (c) the product model name
or model number; and (d) the serial number (the serial number can be found (i) on the product; or (ii)
online by accessing https://www.lg.com/ca_en/support/repair-service/schedule-repair and clicking on
“Find My Model & Serial Number”).
In the event that you “Opt Out”, the law of the province or territory of your residence 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 agree to
attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the
resolution of the claim, action, dispute or controversy between you and LG.
You may only opt out of the dispute resolution procedure in the manner described above (that is,
by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution
procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited
Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you
keep this product and do not opt out, then you accept all terms and conditions of the arbitration
provision described above.
Conflict of Terms. In the event of a conflict or inconsistency between the terms of this Limited
Warranty and the End User License Agreement (“EULA”) in regards to dispute resolution, the terms
of this Limited Warranty shall control and govern the rights and obligations of the parties and shall
take precedence over the EULA.
Loading ...
Loading ...