Floor Standing Installation Manual

WARRANTY (CANADA)
Installation Manual 27
ENGLISH
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 (as
measured by the applicable laws), then the payment of all arbitration fees will be governed by
the applicable arbitration rules. In such a situation, you agree to reimburse LG for all monies
previously disbursed by it that are otherwise your obligation to pay under the applicable
arbitration rules. Except as otherwise provided for, LG waives any rights it may have to seek
attorneys’ fees and expenses from you if LG prevails in the arbitration.
Hearings and Location. If your claim is for $25 000 or less, you may choose to have the
arbitration conducted solely (1) on the basis of documents submitted to the arbitrator, (2)
through a telephonic hearing, or (3) by an in-person hearing as established by the applicable
arbitration rules. If your claim exceeds $25 000, the right to a hearing will be determined by the
applicable arbitration rules. Any in-person arbitration hearings will be held at the nearest, most
mutually-convenient arbitration location available within the province or territory in which you
reside unless you and LG both agree to another location or agree to a telephonic arbitration.
Severability and Waiver. If any portion of this Limited Warranty (including these arbitration
procedures) is unenforceable, the remaining provisions will continue in full force and effect to
the maximum extent permitted by applicable law. Should LG fail to enforce strict performance of
any provision of this Limited Warranty (including these arbitration procedures), it does not mean
that LG intends to waive or has waived any provision or part of this Limited Warranty.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor
LG can require the other to participate in an arbitration proceeding. To opt out, you must send
notice to LG no later than 30 calendar days from the date of the first consumer purchaser’s
purchase of the product by either (i) sending an e-mail to [e-mail], with the subject line: