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22 Important Health, Safety, and Warranty Information
Important Health, Safety, and Warranty Information 23
its choice of laws principles, shall govern
the interpretation of the Limited Warranty
and all disputes that are subject to this
arbitration provision. The arbitrator shall
decide all issues of interpretation and
application of this arbitration provision and
the Limited Warranty.
For any arbitration in which your total
damage claims, exclusive of attorney fees
and expert witness fees, are $5,000.00
or less (“Small Claim”), the arbitrator may,
if you prevail, award your reasonable
attorney fees, expert witness fees and
costs as part of any award, but may
not grant SAMSUNG its attorney fees,
expert witness fees or costs unless it is
determined that the claim was brought
in bad faith. In a Small Claim case, you
shall be required to pay no more than half
of the total administrative, facility and
arbitrator fees, or $50.00 of such fees,
whichever is less, and SAMSUNG shall pay
the remainder of such fees. Administrative,
facility and arbitrator fees for arbitrations in
which your total damage claims, exclusive
of attorney fees and expert witness fees,
exceed $5,000.00 (“Large Claim”) shall be
determined according to AAA rules. In a
Large Claim case, the arbitrator may grant
to the prevailing party, or apportion among
the parties, reasonable attorney fees,
expert witness fees and costs. Judgment
may be entered on the arbitrator’s award in
any court of competent jurisdiction.
This arbitration provision also applies to
claims against SAMSUNG’s employees,
representatives and afiliates if any such
claim arises from the Product’s sale,
condition or performance.
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