WARRANTY (USA)
10
Vertical Air Handling Unit
WARRANTY (USA)
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT
REQUIRES YOU AND LG TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN
COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY
TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR
RESOLVING DISPUTES” BELOW.
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 111 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.
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 111 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.
Summary of Contents for ARNU243CFA4
Page 14: ...14 Vertical Air Handling Unit ...
