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ENGLISH
47
LIMITED WARRANTY
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 the 30 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 pay any fee to begin an arbitration. Upon receipt of your written demand for arbitration, LG will promptly pay all
arbitration filing fees to the AAA unless you seek more than $25,000 in damages, in which case the payment of these fees will be governed by
the AAA Rules. Except as otherwise provided for herein, LG will 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 the basis of (1) documents
submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds
$25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal
judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.
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/us/support/repair-service/schedule-repair-continued and clicking on “Find My Model & Serial Number”).
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.
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