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Air Conditioner
WARRANTY (CANADA)
WARRANTY (CANADA)
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 THE LAWS OF YOUR PROVINCE OR TERRITORY DO NOT PERMIT THAT, OR,
IN OTHER JURISDICTIONS, IF 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:
EXCEPT WHERE PROHIBITED AT LAW, 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. EXCEPT WHERE PROHIBITED AT LAW, YOU AND LG BOTH
IRREVOCABLY AGREE TO WAIVE 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 Canada, 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
LGECI Legal Team at 20 Norelco Drive, North York, Ontario, Canada M9L 2X6 (the “Notice of
Dispute”). 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 of LG’s receipt of the Notice of Dispute,
the dispute shall be resolved by binding arbitration in accordance with the procedure set out herein.
You and LG both agree that, during the arbitration proceeding, the terms (including any amount) of
any settlement offer made by either you or LG will not be disclosed to the arbitrator until the
arbitrator determines the dispute.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during
the 30 day period after LG’s receipt of the Notice of Dispute, you and LG agree to resolve any claims
between you and LG only by binding arbitration on an individual basis, unless you opt out as provided
below, or you reside in a jurisdiction that prevents full application of this clause in the circumstances
of the claims at issue (in which case if you are a consumer, this clause will only apply if you expressly
agree to the arbitration). To the extent permitted by applicable law, 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, except to the extent such a prohibition
is not permitted at law, 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 except to the extent this prohibition is not permitted at law in your province or
territory of jurisdiction as it relates to the claims at issue between you and LG.
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
