WARRANTY (CANADA)
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Vertical Air Handling Unit
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 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.
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