Procedures for Dispute Resolution/30-day Arbitration and Opt-Out Policy
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. The AAA Rules
are available online at adr.org or by calling the AAA at 1-800-778-7879. 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.
This arbitration provision also applies to claims against SAMSUNG’s employees, representatives and
affiliates if any such claim arises from the Product’s sale, condition or performance.
You may opt out of this dispute resolution procedure by providing notice to SAMSUNG no later than
30 calendar days from the date of the first consumer purchaser’s purchase of the Product.
To opt out, you must send notice by e-mail to [email protected], with the subject line:
“Arbitration Opt-Out.” You must include in the opt out e-mail (a) your name and address; (b) the
date on which the Product was purchased; (c) the Product model name or model number; and (d)
the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number
can be found (i) on the Product box; (ii) on the Product information screen, which can be found under
“Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable;
and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by
calling 1-800-SAMSUNG (726-7864) no later than 30 calendar days from the date of the first consumer
purchaser’s purchase of the Product and providing the same information. These are the only two forms
of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute
resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will
continue to enjoy the benefits of the Limited Warranty.
Severability
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or
unenforceability shall not affect the enforceability of the remainder of the Limited Warranty. [013016]
Terms & Conditions of Sale and Standard Limited Warranty
What is covered and for how long?
The warranty period commences upon the date of purchase by the first consumer purchaser and
continuing for the following specified period of time after that date:
Device
1 Year
Battery(ies)*
1 Year
Other Accessories*
1 Year
*If applicable.
What is not covered?
This Limited Warranty is conditioned upon proper use of the Product.
This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse,
abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand
or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and
cosmetic damage, unless caused by SAMSUNG; (c) defects or damage resulting from excessive
force or use of a metallic object when pressing on a touch screen; (d) equipment that has the serial
number or the enhancement data code removed, defaced, damaged, altered or made illegible; (e)
ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or
connection with accessories, products, or ancillary/peripheral equipment not furnished or approved
by SAMSUNG; (g) defects or damage resulting from improper testing, operation, maintenance,
installation, service, or adjustment not furnished or approved by SAMSUNG, including but not limited
to installation of unauthorized software and unauthorized root access, both of which shall void this
limited warranty; (h) defects or damage resulting from external causes such as collision with an
object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft,
blown fuse, or improper use of any electrical source; (i) defects or damage resulting from cellular
signal reception or transmission, or viruses or other software problems introduced into the Product;
or (j) Product used or purchased outside the United States. This Limited Warranty covers batteries
only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited
Warranty does not cover any battery if (i) the battery has been charged by a battery charger not
specified or approved by SAMSUNG for charging the battery; (ii) any of the seals on the battery are
broken or show evidence of tampering; or (iii) the battery has been used in equipment other than the
SAMSUNG device for which it is specified.
