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WARRANTY
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.
Governing Law.
The law of the state of your residence shall govern this Limited Warranty and any
disputes between us except to the extent that such law is preempted by or inconsistent with applicable
federal law.
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 to the AAA unless you seek more than $25,000
in damages, in which case the payment of these fees will be governed by the AAA Rules. Except as
otherwise provided for herein, LG will pay all AAA filing, administration, and arbitrator fees for any
arbitration initiated in accordance with the AAA 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 standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will
be governed by the AAA 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 AAA 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 on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic
hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the
right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a
location within the federal judicial district in which you reside unless we both agree to another location or
we agree to a telephonic arbitration.
