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37LIMITED WARRANTY
ENGLISH
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 accordance 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 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 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.
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