Floor Standing Installation Manual

26 Air Conditioner

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.