LG GR-B041SWBY Manual Del Propietário página 28

28 LIMITED WARRANTY
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.