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20
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.
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 unless you seek more than $25,000 in damages, in which case the payment of these fees
will be governed by the applicable arbitration rules. Except as otherwise provided for herein, LG will pay all filing, administration
and arbitrator fees for any arbitration initiated in accordance with the applicable arbitration 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 applicable laws), then the payment of all arbitration fees will be governed by the applicable arbitration 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 applicable arbitration 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 (1) on the
basis of documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by
the applicable arbitration rules. If your claim exceeds $25,000, the right to a hearing will be determined by the applicable arbitration
rules. Any in-person arbitration hearings will be held at the nearest, most mutually-convenient arbitration location available within
the province or territory in which you reside unless you and LG both agree to another location or agree to a telephonic arbitration.
Severability and Waiver. If any portion of this Limited Warranty (including these arbitration procedures) is unenforceable, the
remaining provisions will continue in full force and effect to the maximum extent permitted by applicable law. Should LG fail to
enforce strict performance of any provision of this Limited Warranty (including these arbitration procedures), it does not mean that
LG intends to waive or has waived any provision or part of this Limited Warranty.
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/ca_en/
support/repair-service/schedule-repair and clicking on “Find My Model & Serial Number”).
In the event that you “Opt Out”, the law of the province or territory of your residence 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 agree to attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the resolution of the
claim, action, dispute or controversy between you and LG.
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.
Conflict of Terms. In the event of a conflict or inconsistency between the terms of this Limited Warranty and the End User License
Agreement (“EULA”) in regards to dispute resolution, the terms of this Limited Warranty shall control and govern the rights and
obligations of the parties and shall take precedence over the EULA.
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