User Manual

Online Legal Information 19
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.