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LIMITED WARRANTY 189
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.
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