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LIMITED WARRANTY - USA 154
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 U.S.A., Inc. Attn: Legal
Department- Arbitration 1000 Sylvan Avenue Englewood Cliffs, NJ 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.
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