LG WSES4728F, Owner'S Manual

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60 LIMITED WARRANTY
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 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
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