Owner's Manual

LIMITED WARRANTY 55
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.
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 inperson 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