LG Studio 30" Gas Cooktop (LSCG307BD) User Manual – Page 16

Posted on 13 Aug, 2019
Manufacturer: LG
Category: Cooktops
Product: LG Studio 30" Gas Cooktop (LSCG307BD)
Pages: 36
File size: 3 MB

16
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; 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 LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration 1000 Sylvan 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
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, 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
entity’s product or claim. More specifically, without limitation of the foregoing, 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.
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 Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the
procedures 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 the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is
governed by the Federal Arbitration 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 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 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 pay
all arbitration filing fees to the AAA unless you seek more than $25,000 in damages, in which case the payment of these fees will be governed
by the AAA Rules. Except as otherwise provided for herein, LG will pay all AAA filing, administration and arbitrator fees for any arbitration
initiated in accordance with the AAA 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 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 situation, 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 arbitration.
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 location
within the federal judicial 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 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 [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 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.