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Important Health, Safety, and Warranty Information 19
This arbitration provision is entered pursuant
to the Federal Arbitration Act. The laws of the
State of Texas, without reference to 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.
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