Coway Airmega 100 Manual Del Usuario página 20

04 APPENDIX
LIMITED WARRANTY
Arbitration Rules and Procedures. To begin
arbitration of a claim, either you or Coway
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 Coway at Coway USA, Inc., Attn: Legal
Department- Arbitration, 4221 Wilshire Blvd., STE
210, Los Angeles, CA 90010. 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. If you prevail in the arbitration,
Coway 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 Coway for all monies
previously disbursed by it which are otherwise
your obligation to pay under the AAA Rules.
20
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 Coway can require the other to participate
in an arbitration proceeding. To opt out, you
must send notice to Coway 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 support@coway-usa.com
with the subject line: "Arbitration Opt Out" or (ii)
calling 1-800-285-0982. 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 on the product.
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.