Section 2: Product Warranty
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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
, 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
Section 2: Product Warranty
READ THIS INFORMATION BEFORE USING YOUR
MOBILE DEVICE.
Samsung Limited Warranty
- This product is covered
under the applicable Samsung Limited Warranty
INCLUDING ITS DISPUTE RESOLUTION PROCEDURE
and
your right to opt out of arbitration within 30 calendar
days of the first consumer purchase. You may opt out
by either sending an email to
com
with the subject line “Arbitration Opt Out” or by
calling 1-800-SAMSUNG (726-7864). For more detailed
procedures, please refer to the “Dispute Resolution
Procedures and Arbitration Opt-Out” section of the
Limited Warranty.
SAMSUNG ELECTRONICS AMERICA, INC. (“SAMSUNG”)
warrants that SAMSUNG’s devices and accessories
(“Products”) are free from defects in material and
workmanship under normal use and service.
Samsung Electronics America, Inc.
85 Challenger Road
Ridgefield Park, New Jersey 07660
Phone: 1-800-SAMSUNG (726-7864)
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
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2017-08-03 오전 8:16:07
