LG LSWS307ST Owner's Manual page 45

45
LIMItED WARRANtY
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 optout@lge.com, with the subject line: "Arbitration Opt Out;" or (ii) calling 1-800-
980-2973. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the product was
purchased; (c) the product model name or model number; and
(d) the serial number (the serial number can be found (i) on the product; or (ii) online by accessing https://www.lg.com/ca_en/support/repair-
service/schedule-repair and clicking on "Find My Model & Serial Number").
In the event that you "Opt Out", the law of the province or territory of your residence 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 agree to attorn to the exclusive
jurisdiction of the courts of the province or territory of your residence for the resolution of the claim, action, dispute or controversy between you
and LG.
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form
of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the
coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you keep this product and
do not opt out, then you accept all terms and conditions of the arbitration provision described above.
Conflict of Terms. In the event of a conflict or inconsistency between the terms of this Limited Warranty and the End User License Agreement
("EULA") in regards to dispute resolution, the terms of this Limited Warranty shall control and govern the rights and obligations of the parties and
shall take precedence over the EULA.