181
This Limited Warranty gives you specific legal rights, and you
may also have other rights that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM
THIS LIMITED WARRANTY OR THE SALE, CONDITION OR
PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED
EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION,
AND NOT BY A COURT OR JURY. Any such dispute shall not
be combined or consolidated with a dispute involving any
other person's or entity's Product or claim, and specifically,
without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action.
The arbitration shall be conducted before a single arbitrator,
whose award may not exceed, in form or amount, the relief
allowed by the applicable law. The arbitration shall be
conducted according to the American Arbitration Association
(AAA) Commercial Arbitration Rules applicable to consumer
disputes. This arbitration provision is entered pursuant to the
Federal Arbitration Act. The laws of the State of Texas,
without reference to its choice of laws principles, shall
govern the interpretation of the Limited Warranty and all
disputes that are subject to this arbitration provision. The
arbitrator shall decide all issues of interpretation and
application of this arbitration provision and the Limited
Warranty.
For any arbitration in which your total damage claims,
exclusive of attorney fees and expert witness fees, are
$5,000.00 or less (“Small Claim”), the arbitrator may, if you
prevail, award your reasonable attorney fees, expert witness
fees and costs as part of any award, but may not grant
SAMSUNG its attorney fees, expert witness fees or costs
unless it is determined that the claim was brought in bad
faith. In a Small Claim case, you shall be required to pay no
more than half of the total administrative, facility and
arbitrator fees, or $50.00 of such fees, whichever is less, and
SAMSUNG shall pay the remainder of such fees.
Administrative, facility and arbitrator fees for arbitrations in
which your total damage claims, exclusive of attorney fees
and expert witness fees, exceed $5,000.00 (“Large Claim”)
shall be determined according to AAA rules. In a Large Claim
case, the arbitrator may grant to the prevailing party, or
apportion among the parties, reasonable attorney fees,
expert witness fees and costs. Judgment may be entered on
the arbitrator’s award in any court of competent jurisdiction.
