LG 12,000 Btu Portable Air Conditioner (LP1218GXR) User Manual – Page 26

Posted on 13 Aug, 2019
Manufacturer: LG
Category: Air Conditioners
Product: LG 12,000 Btu Portable Air Conditioner (LP1218GXR)
Pages: 28
File size: 6 MB

26
WARRANTY
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 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:
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. BINDING ARBITRATION MEANS THAT YOU AND LG ARE EACH WAIVING 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 U.S.A., Inc., its parents, subsidiaries and affiliates
, and each of
their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; refer
ences to “dispute” or
“claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regul
ation, ordinance, fraud,
misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or perfo
rmance 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 LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration 1000 Sylv
an Ave, Englewood Cliffs
07632. You and LG agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provi
de 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, either party may proceed to file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver.
Upon failure to resolve the dispute during the 30 day period after sending written
notice to LG, you and LG agree to resolve any claims between us only by binding arbitration on an individual basis, unless you
opt out as provided
below. Any dispute between you and LG shall not be combined or consolidated with a dispute involving any other person’s or enti
ty’s product or claim.
More specifically, without limitation of the foregoing, any dispute between you and LG shall not under any circumstances procee
d as part of a class or
representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that smal
l claims court action may not
be brought on a class or representative basis.
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 administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’
s Consumer Arbitra-
tion Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedure
s set forth in this section.
The AAA Rules are available online at www.adr.org/consumer
. Send a copy of your written demand for arbitration, as well as a copy of this provision,
to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to LG at LG Electronics,
USA, Inc. Attn:
Legal Department- Arbitration 1000 Sylvan Avenue Englewood Cliffs, NJ 07632. If there is a conflict between the AAA Rules and t
he rules set forth in
this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitratio
n Act. Judgment may be
entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except t
hat 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 state of your residence shall govern this Limited Warranty and any disputes between us except to the extent that
such law is preempted by or inconsistent with applicable federal law.
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 p
ay all arbi-
tration filing fees to the AAA unless you seek more than $25,000 in damages, in which case the payment of these fees will be go
verned by the AAA
Rules. Except as otherwise provided for herein, LG will pay all AAA filing, administration and arbitrator fees for any arbitrat
ion initiated in accordance
with the AAA Rules and this arbitration provision. If you prevail in the arbitration, LG will pay your attorneys’ fees and expe
nses as long as they are
reasonable, by considering factors including, but not limited to, the purchase amount and claim amount. Notwithstanding the for
egoing, if applicable
law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a cour
t would. If the arbi-
trator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purp
ose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the
AAA Rules. In such a sit-
uation, you agree to reimburse LG for all monies previously disbursed by it that are otherwise your obligation to pay under the
AAA 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 ar
bitration.
Hearings and Location.
If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents
submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules.
If your claim exceeds
$25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a locat
ion within the federal judi-
cial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.
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 i
n 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 [email protected], 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/us/support/repair-service/schedule-repair-continued and clicking on “Find My Model & Serial Number”).
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no ot
her form of notice will
be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect t
he 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.
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